Senate Journal 02/15/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 15, 2000

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

     The prayer was offered by the Chaplain, Pastor Phil Lint, followed by the Pledge of Allegiance led by Senate page Ashley Miller Davis.

     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-fifth day and finds that the following correction shall be made:

On page 467, after line 27, insert:

     "Sen. Rounds announced his intention to reconsider the vote by which HB 1092 was lost."

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

     And we hereby move the adoption of the report.

Respectfully submitted,

Harold Halverson, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1260 and 1300 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1004, 1005, 1007, and 1009 and returns the same with the recommendation that said resolutions be concurred in and that HCR 1004, 1005, and 1007 be placed on the Consent Calendar.

Respectfully submitted,
Jim B. Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1210 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1315 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 Education respectfully reports that it has had under consideration HB 1200 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , delete line 5 of the House engrossed bill , and insert:

"A school district may refuse to employ a person, either directly or by contract, who".

On page 2 , line 16 of the House engrossed bill , delete " dismisses " and insert " suspends " .

On page 2 , line 17 , after " resigns " insert " or is terminated " .

On page 2 , line 18 , after " date " insert " of the suspension or the date " .

And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1205 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1203, 1214, and 1296 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 Transportation respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 10 of the printed bill , after " motorcycles, " insert " boats, personal watercraft, " .

On page 1 , line 11 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 2 , line 2 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 2 , line 9 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 2 , line 20 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 2 , line 23 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 3 , line 2 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 3 , line 5 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 3 , line 10 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 3 , line 14 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 4 , line 3 , after " motorcycles " insert " , boats, personal watercraft " .

On page 4 , line 10 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 4 , line 16 , after " covering " insert " boats, personal watercraft, " .

On page 4 , line 22 , after " covering " insert " boats, personal watercraft, " .

On page 5 , line 3 , after " covering " insert " boats, personal watercraft, " .

On page 5 , line 12 , after " motorcycles " insert " , boats, personal watercraft " .

On page 5 , line 18 , after " motorcycles, " insert " boats, personal watercraft, " .

On page 1 , line 2 of the printed bill , after " motorcycles, " insert " boats, personal watercraft, " .

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

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SCR 6 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1149 and 1154 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1224 and 1309 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1133 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , between lines 9 and 10 of the House Commerce committee engrossed bill , insert:

" (3) "Life threatening," either or both of the following:

(a) A disease or condition where the likelihood of death is high, unless the course of the disease is interrupted; or

(b) A disease or condition with potentially fatal outcomes where the end point of clinical intervention is survival; "

On page 1 , line 10 , delete " (3) " and insert " (4) " .

On page 2 , line 3 , delete " (4) " and insert " (5) " .

On page 2 , line 7 , delete " (5) " and insert " (6) " .

On page 2 , line 9 , delete " (6) " and insert " (7) " .

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

Respectfully submitted,
Jerry J. Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1156 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , after line 8 of the printed bill , insert:

" Section 2. That chapter 3-13 be amended by adding thereto a NEW SECTION to read as follows:

Funds held by the fund may be invested by plan participants in such investments as are deemed appropriate by the state investment officer, including, but not limited to, annuity contracts. The state investment officer is authorized to enter into contracts for investment alternatives and to offer internal investment alternatives, and the plan administrator is authorized to transfer funds to, from, and among the respective investment alternatives. The state investment officer shall be held to the standard of conduct of a fiduciary and shall carry out all functions solely in the interests of the participants and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses incurred in performing such duties as required by law.

Section 3. That § 4-5-26 be amended to read as follows:

4-5-26. Money made available for investment may be invested in the following classes of securities and investments and, except as provided by § 3-12-117 , chapter 3-13, and the South Dakota cement plant retirement fund, not otherwise:

(1) Direct and indirect obligations of the United States government;

(2) Agencies and instrumentalities of the United States government;

(3) Direct obligations of the State of South Dakota and any of its political subdivisions;

(4) Obligations consisting of notes, bonds, debentures, and certificates which are direct obligations of a solvent corporation or trust existing under the laws of the United States or any state thereof, provided that such investments shall be rated in the four highest classifications established by at least two standard rating services;

(5) Savings accounts, share accounts, certificates of deposit of banks, savings and loan associations, building and loan associations and bankers' acceptances.

Section 4. That chapter 3-13 be amended by adding thereto a NEW SECTION to read as follows:

The administrator shall execute any agreements as are necessary to carry out the provisions of this chapter, except such agreements as are executed by the state investment officer pursuant to section 2 of this Act. Any contract for an investment alternative in effect on July 1, 2000, is hereby transferred by operation of law to the state investment officer as of July 1, 2000.

Section 5. That chapter 3-13 be amended by adding thereto a NEW SECTION to read as follows:

If a contract with a vendor terminates and a participant fails to notify the third-party administrator of the participant's new investment selection before the contract terminates, the third-party administrator shall transfer that participant's account to the investment alternative designated by the state investment officer. "

On page 1 , line 2 of the printed bill , after " employees " insert " and to grant certain authorities to the state investment officer " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1102 which was tabled.

Respectfully submitted,
Kenneth D. Albers, Chair

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 6, 7, 9, 11, 14, 15, 17, 34, 35, 37, 38, 45, 48, 56, 62, 74, 75, 78, 84, 103, 111, 117, 140, 154, 172, 178, and 191 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 6, 7, 9, 11, 14, 15, 17, 34, 35, 37, 38, 45, 48, 56, 62, 74, 75, 78, 84, 94, 103, 111, 117, 140, 154, 172, 178, and 191 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 8, 16, 33, 71, and 153 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SCR 4 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Yesterday, Sen. Rounds announced his intention to reconsider the vote by which HB 1092 was lost.

     Sen. Rounds moved that the vote by which HB 1092 was lost be reconsidered.

     The question being on Sen. Rounds' motion that the vote by which HB 1092 was lost be reconsidered.

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

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

Nays were:
Benson; Dennert; Drake; Duxbury; Flowers; Kleven; Olson; Staggers; Vitter

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1092 was up for reconsideration and final passage.

HB 1092: FOR AN ACT ENTITLED, An Act to provide for the regulation of home inspectors.

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

The question being "Shall HB 1092 pass as amended?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

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

Nays were:
Benson; Dennert; Drake; Flowers; Frederick; Kleven; Staggers; Symens; Vitter

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.

Yesterday, Sen. Whiting announced his intention to reconsider the vote by which HB 1096 was passed.

Sen. Whiting announced that he would not move to reconsider the vote by which HB 1096 was passed.

    Sen. Kloucek moved that the vote by which HB 1096 was passed be reconsidered.

     The question being on Sen. Kloucek's motion that the vote by which HB 1096 was passed be reconsidered.

     And the roll being called:

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

     Yeas were:
Flowers; Hutmacher; Kloucek; Lange; Olson; Staggers

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

Excused were:
Everist; Reedy

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1277 as found on page 452 of the Senate Journal; also

     Judiciary on HB 1111 as found on page 468 of the Senate Journal; also

     Judiciary on HB 1165 as found on page 468 of the Senate Journal; also

     Health and Human Services on HB 1280 as found on page 470 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of simulcast racing operations.

Was read the second time.

     The question being "Shall HB 1029 pass as amended?"

     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.

HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposition of property seized by law enforcement agencies.

Was read the second time.

The question being "Shall HB 1068 pass as amended?"

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.

HB 1202: FOR AN ACT ENTITLED, An Act to provide a procedure for vehicle traffic when the traffic control lights are malfunctioning or inoperable.

Was read the second time.

     The question being "Shall HB 1202 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.

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 second time.

The question being "Shall HB 1238 pass?"

And the roll being called:

HB 1256: FOR AN ACT ENTITLED, An Act to revise the time for assigning commissioner responsibilities in municipalities operating under the commissioner form of government.

Was read the second time.

     The question being "Shall HB 1256 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.

HB 1279: FOR AN ACT ENTITLED, An Act to provide penalties for certain violations of cremation laws.

Was read the second time.

The question being "Shall HB 1279 pass?"

And the roll being called:

HB 1306: FOR AN ACT ENTITLED, An Act to prospectively apply the annual increase in workers' compensation benefits to certain disabilities.

Was read the second time.

     The question being "Shall HB 1306 pass as amended?"

     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.

SIGNING OF BILLS

     The President publicly read the title to

     SB 6: FOR AN ACT ENTITLED, An Act to provide for the increase of Class A employee and employer contributions to the South Dakota Retirement System.

     SB 7: FOR AN ACT ENTITLED, An Act to remove the legal presumption of correctness which attaches to the assessed valuation determined by the director of equalization.

     SB 9: FOR AN ACT ENTITLED, An Act to provide for the extension of certain definitions relating to tax assessments.

     SB 11: FOR AN ACT ENTITLED, An Act to require annual training and testing for county veterans' service officers and to grant rule-making authority to the Division of Veterans Affairs.

     SB 14: FOR AN ACT ENTITLED, An Act to revise the opening and closing times for polls.

     SB 15: FOR AN ACT ENTITLED, An Act to define who may be appointed as a member of the precinct election board if a list is not provided by a party's county central committee.

     SB 17: FOR AN ACT ENTITLED, An Act to remove the Aberdeen ambulance attendants as Class B members of the South Dakota Retirement System.

     SB 34: FOR AN ACT ENTITLED, An Act to eliminate differential treatment between insurance licensees and to allow monetary penalties in lieu of licensure denial.

     SB 35: FOR AN ACT ENTITLED, An Act to provide for additional grounds for an order of ineligibility for a surplus lines insurer.

     SB 37: FOR AN ACT ENTITLED, An Act to change the expiration period for certain temporary cosmetology permits.

     SB 38: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Department of Human Services establish a training program for interpreters for the deaf.

     SB 45: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter into a multi- state compact for the development, implementation, and administration of a simplified sales and use tax collection system.

     SB 48: FOR AN ACT ENTITLED, An Act to establish the crime of criminal exposure to HIV and to provide a penalty therefor.

     SB 56: FOR AN ACT ENTITLED, An Act to allow municipal sewer charges to be based on the use or consumption of water.

     SB 62: FOR AN ACT ENTITLED, An Act to provide that sexual penetration with a minor stepchild is rape in the third degree.

     SB 74: FOR AN ACT ENTITLED, An Act to require a report in certain circumstances when an audit finding reoccurs.

     SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Insurance Guaranty Association.

     SB 78: FOR AN ACT ENTITLED, An Act to regulate the transfer, assignment, or sale of a motor vehicle franchise agreement or controlling interest in a motor vehicle dealership.

     SB 84: FOR AN ACT ENTITLED, An Act to regulate the ownership of motor vehicle dealerships.

     SB 103: FOR AN ACT ENTITLED, An Act to revise the process and requirements for changing the form of municipal government.

     SB 111: FOR AN ACT ENTITLED, An Act to provide that a regulated lender has no duty to provide information about its customers unless required by legal process.

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

     SB 140: FOR AN ACT ENTITLED, An Act to increase certain liquidated court costs for indigent defense.

     SB 154: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to notice to parties in estate litigation.

     SB 172: FOR AN ACT ENTITLED, An Act to define long-term substitute teachers and to require certain reporting on the use of long-term substitute teachers.

     SB 178: FOR AN ACT ENTITLED, An Act to revise the school term.

     SB 191: FOR AN ACT ENTITLED, An Act to revise the income eligibility requirements for property tax and sales tax refunds.

     And signed the same in the presence of the Senate.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 85: FOR AN ACT ENTITLED, An Act to revise certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the authority, to provide for the transfer and sale of all future right, title, and interest of certain amounts payable to the state by various tobacco companies under a master settlement agreement, and to declare an emergency.

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

Sen. Rounds moved that SB 85 be placed to follow SB 209 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 209: FOR AN ACT ENTITLED, An Act to provide for the acquisition and management of certain rail lines if rail service is abandoned.

Was read the second time.

Sen. Symens moved that SB 209 be amended as follows:

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

" Section 1. That chapter 49-16B be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other provision of this chapter, upon the filing of abandonment proceedings with the United States Surface Transportation Board or if a railroad abandons service as defined in section 2 of this Act along a rail line, the authority may use its powers of condemnation and eminent domain as provided by § 49-16B-13 to acquire possession of the rail line if the authority determines that it is of economic importance to the state and that there is sufficient local financial support to pay for the ultimate cost of the acquisition of the rail line. The Department of Transportation may sell or manage the acquired rail line as provided by § 1- 44-28. Nothing in this section may be interpreted to create any debt or obligation for the acquisition of a rail line against the authority or the State of South Dakota as a result of exercising the provisions of this Act. No state official may bind or in any way obligate the State of South Dakota for any debt incurred in the acquisition of any rail line pursuant to this Act.

Section 2. That chapter 49-16B be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this Act, the term, abandoned service, means discontinuing the operation of rail service to existing shippers for a period in excess of six months, other than for natural occurrences which constitute a basis for filing notice of an embargo of rail service through the American Association of Railroads. However, if no substantial effort is made to correct the conditions for which the embargo was filed, the rail line is considered abandoned for the purposes of this Act. "

Which motion prevailed and SB 209 was so amended.

     The question being "Shall SB 209 pass as amended?"

     And the roll being called:

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

     Yeas were:
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; Symens; Valandra; Vitter; Whiting

Nays were:
Albers; 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.

     The question being "Shall SB 85 pass as amended?"

     And the roll being called:

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

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

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

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

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1037.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 21 was lost on second reading and final passage.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has approved HB 1195 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. The recommendation of the Governor is found on page 626 of the House Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1195.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Rounds moved that the Senate proceed to the consideration of HB 1229.

Which motion prevailed.

HB 1229: FOR AN ACT ENTITLED, An Act to designate kuchen as the official state dessert.

Was read the second time.

Sen. Rebecca Dunn moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1229 pass?"

     And the roll being called:

     Yeas 19, Nays 11, Excused 5, Absent and Not Voting 0

     Yeas were:
Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist; Ham; Lange; Lawler; Madden; Munson (David); Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Albers; Benson; Bogue; Brosz; Dunn (Rebecca); Duxbury; Flowers; Hainje; Halverson; Moore; Olson

Excused were:
Frederick; Hutmacher; Kleven; Kloucek; 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 1293: FOR AN ACT ENTITLED, An Act to revise the procedure to determine if real estate taxes have been paid before the date due.

Was read the second time.

Sen. Hainje moved that HB 1293 be further amended as follows:

On page 1 , line 11 of the House Local Government committee engrossed bill , delete " the month " and insert " April or October " .

On page 1 , line 12 , after " day " insert " of that month " .

On page 1 , line 13 , delete " of the month that " and insert " prior to the taxes becoming delinquent. "

On page 1 , delete line 14 .

Which motion prevailed and HB 1293 was so amended.

     The question being "Shall HB 1293 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven; Kloucek; 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 1175: FOR AN ACT ENTITLED, An Act to authorize the Division of Insurance to promulgate rules regarding the privacy of medical records.

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

     The question being "Shall HB 1175 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 14, Excused 3, Absent and Not Voting 0

     Yeas were:
Bogue; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Hutmacher; Kloucek; Lawler; Moore; Olson; Paisley; Reedy; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Albers; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Duxbury; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Rounds; Staggers

Excused were:
Benson; Lange; Munson (David)

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 1194: FOR AN ACT ENTITLED, An Act to provide for the issuance of a protection order in the case of certain crimes of violence or assaults.

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

Sen. Daugaard moved that HB 1194 be further amended as follows:

On page 1 , line 8 of the House Judiciary committee engrossed bill , delete " 22-19A-9 " and insert " 22-19A-8 " .

On page 1 , after line 8 , insert:

" Section 2. That § 22-19A-8 be amended to read as follows:

22-19A-8. There exists an action known as a petition for a protection order in cases of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9) . Procedures for the action are as follows:

(1) A petition under this section may be made against any person who violates § 22-19A-1 or against any other person against whom stalking or physical injury is alleged;

(2) A petition shall allege the existence of stalking or physical injury and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or physical injury ;

(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties;

(4) If a petitioner files an affidavit with the petition stating that the petitioner does not have the funds available to pay the cost of filing and service, the petition shall be filed and served without payment of costs. If a petition is filed and served without payment of costs, the court shall determine at the hearing described in § 22-19A-11 if the petitioner is indigent. If the court finds that the petitioner is not indigent, the court may order the petitioner to pay the costs of filing and service.

The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.

Section 3. That § 22-19A-11 be amended to read as follows:

22-19A-11. Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has taken place, the court may provide relief as follows:

(1) Restrain any party from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9) ;

(2) Order other relief as the court deems necessary for the protection of the person seeking the protection order, including orders or directives to law enforcement officials.

Any relief granted by the order for protection shall be for a fixed period and may not exceed three years.

Section 4. That § 22-19A-12 be amended to read as follows:

22-19A-12. If an affidavit filed with an application under § 22-19A-8 alleges that immediate and irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order restraining any person from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9) . An ex parte temporary protection order is effective for a period of thirty days. The respondent shall be personally served forthwith with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. "

Which motion prevailed and HB 1194 was so amended.

     The question being "Shall HB 1194 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; Moore; Olson; Paisley; Reedy; Rounds; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Shoener

Excused were:
Munson (David)

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 1010: FOR AN ACT ENTITLED, An Act to revise certain procedures for the formation and adjustment of boundaries of certain special districts.

Was read the second time.

     The question being "Shall HB 1010 pass as amended?"

     And the roll being called:

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

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Kloucek; Moore; Olson; Reedy; Symens

Excused were:
Munson (David)

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 1055: FOR AN ACT ENTITLED, An Act to provide for the finalization of proceedings for termination of parental rights under certain circumstances.

Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 29, Nays 2, Excused 4, 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; Olson; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Dunn (Rebecca); Kloucek

Excused were:
Moore; Munson (David); Paisley; Valandra

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

HB 1064: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the procurement, collection, filing, and analysis of biological specimens from persons convicted of crimes of violence.

Was read the second time.

     The question being "Shall HB 1064 pass as amended?"

     And the roll being called:

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

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

Nays were:
Drake; Everist; Hainje

Excused were:
Munson (David)

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. Everist now presiding.

HB 1065: FOR AN ACT ENTITLED, An Act to prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

Was read the second time.

     The question being "Shall HB 1065 pass?"

     And the roll being called:

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

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

Excused were:
Munson (David)

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 1073: FOR AN ACT ENTITLED, An Act to permit assessments based on benefits.

Was read the second time.

Sen. Jim Dunn moved that HB 1073 be deferred until Thursday, February 17, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1101: FOR AN ACT ENTITLED, An Act to revise the grounds for revocation or suspension of an alcoholic beverage license and to provide for the revocation of driving privileges upon a conviction for unlawful sales or purchases of alcoholic beverages involving persons under the age of twenty-one.

Was read the second time.

     The question being "Shall HB 1101 pass as amended?"

     And the roll being called:

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

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

Nays were:
Dunn (Rebecca); Flowers; Moore; Symens

Excused were:
Munson (David)

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 1108: FOR AN ACT ENTITLED, An Act to revise certain planning and zoning provisions.

Was read the second time.

     The question being "Shall HB 1108 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, 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; Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Kloucek; Staggers

Excused were:
Dunn (Rebecca); Moore; Munson (David)

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.

President Hillard now presiding.

HB 1110: FOR AN ACT ENTITLED, An Act to prohibit the use of the internet for certain gambling activities.

Was read the second time.

     The question being "Shall HB 1110 pass?"

     And the roll being called:

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

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

Excused were:
Moore; Munson (David)

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

HB 1112: FOR AN ACT ENTITLED, An Act to 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 second time.

     The question being "Shall HB 1112 pass?"

     And the roll being called:

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

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

Nays were:
Hainje; Olson

Excused were:
Moore; Munson (David); 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.

HB 1138: FOR AN ACT ENTITLED, An Act to revise the purposes for which a change of venue may be granted in an administrative appeal to the circuit court.

Was read the second time.

     The question being "Shall HB 1138 pass?"

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

Nays were:
Drake; Dunn (Rebecca); Hainje

Excused were:
Moore; Munson (David)

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 1146: FOR AN ACT ENTITLED, An Act to provide a procedure for the collection of delinquent taxes on leased sites and to revise the notice and publication of delinquent taxes.

Was read the second time.

The question being "Shall HB 1146 pass?"

And the roll being called:

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

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

Excused were:
Bogue; Munson (David)

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 1167: FOR AN ACT ENTITLED, An Act to create a rebuttable presumption that the removal of certain property from the state without payment constitutes theft.

Was read the second time.

     The question being "Shall HB 1167 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury; Flowers; Halverson; Ham; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Vitter

Nays were:
Dunn (Rebecca); Everist; Frederick; Hainje; Kleven; Madden; Rounds; Whiting

Excused were:
Munson (David)

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 1171: FOR AN ACT ENTITLED, An Act to define the term, fetus.

Was read the second time.

The question being "Shall HB 1171 pass?"

And the roll being called:

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

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

Nays were:
Paisley; Valandra

Excused were:
Munson (David)

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. Rounds moved that HB 1191, 1284, and 1285 be deferred until Wednesday, February 16, the 27th legislative day.

Which motion prevailed and the bills were so deferred.

SIGNING OF BILLS

     The President publicly read the title to

     HB 1037: FOR AN ACT ENTITLED, An Act to require municipalities to provide boundary change information to the Department of Revenue to facilitate the development of a simplified sales tax collection system.

     And signed the same in the presence of the Senate.

Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at 4:55 p.m. the Senate adjourned.

Patricia Adam, Secretary