JOURNAL OF THE SENATE

SEVENTY-FIFTH  SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 17, 2000

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page Monica Olsen.

     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-seventh day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Harold Halverson, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     The President introduced the Honorable Tim Johnson, U.S. Senator from South Dakota, who spoke briefly.

     The President introduced Kate Monson, Beresford, and Andy T. Wiswall, Sioux Falls, South Dakota Girls' and Boys' State Governors, who were escorted to the Chamber by Sens. Albers and Everist.

     The President appointed Sens. Albers, Bogue, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1122.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1012 and 1013 and returns the same with the recommendation that said resolutions be concurred in 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 HB 1301 which was tabled.


Also MADAM PRESIDENT:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 7 and tables the same.

Respectfully submitted,
Jim B. Dunn, Chair

Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1247 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 Commerce respectfully reports that it has had under consideration HB 1127 which was tabled.

Respectfully submitted,
Jerry J. Shoener, Chair


Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill be amended as follows:

1058cd

     On page 4 , line 20 of the House Education committee engrossed bill , overstrike everything after " membership," " and insert " the average number of children under age sixteen who are approved for alternative instruction pursuant to §  13-27-2 during the previous school year plus:

             (a)    For nonpublic schools located within the boundaries of a public school district with an average daily membership of six hundred or more during the previous school year, the average number of kindergarten through twelfth grade pupils enrolled during the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

             (b)    For nonpublic schools located within the boundaries of a public school district with an average daily membership of less than six hundred during the previous school year, the average number of resident kindergarten through twelfth grade pupils enrolled during the previous school year in all nonpublic schools located within the State of South Dakota " .

     On page 4 , overstrike lines 21 to 24 , inclusive .

     And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1053 and returns the same without recommendation.

Respectfully submitted,
Kenneth D. Albers, Vice Chair

Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration HCR 1006 and returns the same with the recommendation that said resolution be concurred in and be placed on the consent calendar.

Respectfully submitted,
David R. Munson, Chair

HONORED GUESTS


     The President introduced the Honorable John Thune, U.S. Congressman from South Dakota, who spoke briefly.

REPORTS OF STANDING COMMITTEES

(continued)

MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 8, 16, 29, 33, 46, 47, 61, 122, 153, 171, and 176 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 1, 29, 46, 47, 61, 122, 171, and 176 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 12 and 205 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk
MOTIONS AND RESOLUTIONS


     SCR 8   Introduced by:  Senators Kloucek, Dennert, Dunn (Rebecca), Kleven, Lange, Moore, Reedy, Symens, Valandra, and Vitter and Representatives Chicoine, Burg, Davis, Engbrecht, Hunt, Jaspers, Lintz, Lockner, Munson (Donald), Nachtigal, Putnam, Sebert, Volesky, Waltman, Weber, and Wudel

A CONCURRENT RESOLUTION,  Requesting that railroad cars operating in the state be     reflectorized.

     WHEREAS,  there have been numerous accidents and unnecessary fatalities at unlit and unguarded railroad crossings throughout our state; and

     WHEREAS,  means now exist by which citizens can be made aware that there are railroad cars blocking the road ahead; and

     WHEREAS,  railroad reflectorization would provide positive indication of the presence of a railroad car; and

     WHEREAS,  some of the railroads operating in the state have recognized the need for reflectorized railroad cars and have voluntarily reflectorized their railroad cars; and

     WHEREAS,  other railroads have not implemented such a reflectorization program:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fifth Legislature of the State of South Dakota, the House of Representatives concurring therein, that all owners of railroad cars in South Dakota and all railroad companies operating in South Dakota be hereby requested to voluntarily reflectorize their railroad cars; and

     BE IT FURTHER RESOLVED,  that all owners of railroad cars in South Dakota and all railroad companies operating in South Dakota be hereby requested to voluntarily adopt a policy of only leasing railroad cars that have been reflectorized; and

     BE IT FURTHER RESOLVED,  that the South Dakota Congressional Delegation and the Clinton Administration be hereby requested to enact legislation that would require railroads operating in the United States to reflectorize all of their railroad cars in a timely manner.

     Was read the first time and the President waived the committee referral.

     Sen. Albers moved that the Senate do concur in House amendments to SB 59.

     The question being on Sen. Albers' motion that the Senate do concur in House amendments to SB 59.

     And the roll being called:

     Yeas 33, Nays 1, 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Benson

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

     Sen. Halverson moved that the Senate do concur in House amendments to SB 97.

     The question being on Sen. Halverson's motion that the Senate do concur in House amendments to SB 97.

     And the roll being called:

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

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

     Excused were:
Benson; Hainje

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

     Yesterday, Sen. Whiting announced his intention to reconsider the vote by which HB 1284 was lost.

     Sen. Whiting moved that the vote by which HB 1284 was lost be reconsidered.

     The question being on Sen. Whiting's motion that the vote by which HB 1284 was lost be reconsidered.

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Rebecca); Duxbury; Halverson; Ham; Kloucek; Lange; Lawler; Madden; Munson (David); Reedy; Rounds; Shoener; Symens; Vitter; Whiting

     Nays were:
Dennert; Drake; Everist; Flowers; Frederick; Hainje; Hutmacher; Kleven; Moore; Olson; Paisley; Staggers; Valandra

     Excused were:
Benson; Dunn (Jim)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1284 was up for reconsideration and final passage.

     HB 1284:   FOR AN ACT ENTITLED, An Act to   include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

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

     The question being "Shall HB 1284 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Rebecca); Halverson; Ham; Lange; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

     Nays were:
Dennert; Drake; Duxbury; Everist; Flowers; Frederick; Hainje; Hutmacher; Kleven; Kloucek; Lawler; Moore; Olson; Staggers; Valandra

     Excused were:
Benson; Dunn (Jim)

     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 when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 18, the 29th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     State Affairs on HB 1239 as found on page 520 of the Senate Journal; also

     State Affairs on HB 1272 as found on page 521 of the Senate Journal; also

     Taxation on HB 1139 as found on page 522 of the Senate Journal; also

     Judiciary on HB 1184 as found on page 522 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Staggers requested that HB 1133 be removed from the Consent Calendar.

     HB 1052:   FOR AN ACT ENTITLED, An Act to   codify the legislation passed in 1999.

     Was read the second time.

     The question being "Shall HB 1052 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

     Nays were:
Moore

     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 1100:   FOR AN ACT ENTITLED, An Act to   allow certain nurses and physician's assistants to form limited liability partnerships and limited liability companies.

     Was read the second time.

     The question being "Shall HB 1100 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

     Nays were:
Moore

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

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

     Was read the second time.

     The question being "Shall HB 1126 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

     Nays were:
Moore

     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 1212:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding dealer franchises to include motorcycles, boats, personal watercraft, all-terrain vehicles, and snowmobiles.

     Was read the second time.

     The question being "Shall HB 1212 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

     Nays were:
Moore

     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.

     HCR 1011:   A CONCURRENT RESOLUTION,   Calling upon the federal government to take responsibility for long-term health care on Indian reservations and to implement a pilot project in South Dakota.

    Was read the second time.

     The question being "Shall HCR 1011 as found on page 386 of the House Journal be concurred in?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

     Nays were:
Moore

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

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

     Sen. Rounds moved that HB 1073 be deferred until Friday, February 18, the 29th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1280:   FOR AN ACT ENTITLED, An Act to   increase the penalty for certain violations regarding vital records and the disposition of dead bodies.

     Was read the second time.

     The question being "Shall HB 1280 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Moore

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

     Was read the second time.

     Sen. Frederick moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1099 pass?"

     And the roll being called:

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

     Yeas were:
Daugaard; Dennert; Drake; Duxbury; Flowers; Frederick; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

     Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Dunn (Jim); Dunn (Rebecca); Everist; Hainje; Halverson; Ham; Munson (David); Olson; Paisley; 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.

HONORED GUESTS


     The President introduced Dr. Curt Voight, 1999-2000 President of the National Association of Secondary School Principals, who is from Rapid City and was escorted to the Chamber by Sen. Ham.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

     HB 1134:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the issuance of on-sale alcoholic beverage licenses within improvement districts.

     Was read the second time.

     The question being "Shall HB 1134 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Brosz; Frederick; Kloucek; Moore; Olson; 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.


     HB 1137:   FOR AN ACT ENTITLED, An Act to   exempt real estate licensees from certain sex offender notification provisions.

     Was read the second time.

     Sen. Drake moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1137 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Dunn (Rebecca); Kloucek; Paisley; Reedy; Symens; 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.

     HB 1156:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to the deferred compensation fund for public employees and to grant certain authorities to the state investment officer.

     Was read the second time.

     The question being "Shall HB 1156 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0

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

     Nays were:
Dennert; Duxbury; Flowers; Olson; Valandra

     Excused were:
Lawler; 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.

     Sen. Rounds moved that HB 1002 be immediately considered.

     Which motion prevailed.

     HB 1002:   FOR AN ACT ENTITLED, An Act to   require an independent actuarial review of equity issues regarding the South Dakota Retirement System and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1002 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Lange; Lawler; Olson; Reedy; Symens; Valandra

     Excused were:
Dennert

     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.

    HB 1163   :   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the validity of marriages contracted outside this state.

     Was read the second time.

     The question being "Shall HB 1163 pass?"

     And the roll being called:

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

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

     Nays 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.

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 59 and 97 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair
MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1096 and has appointed Reps. Wetz, Brooks, and Lucas as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     The President appointed as such committee Sens. Madden, Whiting, and Dennert.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1101, 1194, and 1293.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

     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 second time.

     Sen. Vitter moved that HB 1174 be deferred until Friday, February 18, the 29th legislative day.

     Which motion prevailed and the bill was so deferred.

     Sen. Dunn (Jim) moved that HB 1237 be immediately considered.

     Which motion prevailed.


     HB 1237:   FOR AN ACT ENTITLED, An Act to   authorize additional licenses to sell alcoholic beverages in certain convention facilities in certain municipalities.

     Was read the second time.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0

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

     Nays were:
Albers; Brosz; Dunn (Rebecca); Halverson; Kloucek; Olson; Reedy; Symens

     Excused were:
Moore; 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.

     Sen. Rounds moved that HB 1179, 1197, 1200, 1213, 1222, 1261, 1282, and 1308 be deferred until Friday, February 18, the 29th legislative day.

     Which motion prevailed and the bills were so deferred.


SIGNING OF BILLS


     The President publicly read the title to

     SB 1: FOR AN ACT ENTITLED, An Act to  provide for the judicial jurisdiction of certain underage consumption offenses.

     SB 8: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the establishment of a separate market value for land in an identifiable region.

     SB 16: FOR AN ACT ENTITLED, An Act to  require a candidate's financial statement to be filed biannually until disposition of all funds and payment of all obligations.

     SB 29: FOR AN ACT ENTITLED, An Act to  designate areas within the state park system where a park license may be required.

     SB 33: FOR AN ACT ENTITLED, An Act to  define the duty of insurers and rights of consumers with regard to auto insurance damage claims.

     SB 46: FOR AN ACT ENTITLED, An Act to  require the payment of cigarette taxes in certain instances.

     SB 47: FOR AN ACT ENTITLED, An Act to  provide special assessment authority to ambulance districts.

     SB 59: FOR AN ACT ENTITLED, An Act to  clarify certain provisions related to the filing of student birth certificates.

     SB 61: FOR AN ACT ENTITLED, An Act to  revise the elements of the crimes of vehicular homicide and vehicular battery.

     SB 97: FOR AN ACT ENTITLED, An Act to  revise the definition of indigent by design for purposes of county poor relief.

     SB 122: FOR AN ACT ENTITLED, An Act to  allow the Department of Revenue to suspend a motor vehicle license, title, or registration if the check used to pay for the motor vehicle's fees is dishonored, to require the department to issue credit to the county treasurer, and to revise the fee that political subdivisions may charge for dishonored checks.

     SB 153: FOR AN ACT ENTITLED, An Act to  restrict the effect of certain provisions relating to the illegal sale of alcoholic beverages to underage persons.

     SB 171: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding consumer installment sales contracts.

     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.

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

     HB 1023: FOR AN ACT ENTITLED, An Act to  prohibit the use of certain equipment in hunting activities at night, to provide certain exemptions from such prohibition, and to revise a related penalty.

     HB 1026: FOR AN ACT ENTITLED, An Act to  revise certain bonding procedures and the annual fee of agents who sell hunting and fishing licenses for the Department of Game, Fish and Parks.

     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.

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

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

     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.

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

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

     HB 1095: FOR AN ACT ENTITLED, An Act to  authorize professional corporations, limited liability companies, or limited liability partnerships owned by certain health care professionals of more than one profession.

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

     HB 1109: FOR AN ACT ENTITLED, An Act to  provide for an interagency team review and a written finding that placement in a Department of Corrections facility is the least restrictive placement commensurate with the best interests of the child.

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

     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.

     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.

     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.

     HB 1149: FOR AN ACT ENTITLED, An Act to  define the term, residential rental agent.

     HB 1154: FOR AN ACT ENTITLED, An Act to  provide for the provisional licensure of psychologists during the one-year supervised postdoctoral psychological experience.

     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.

     HB 1171: FOR AN ACT ENTITLED, An Act to  define the term, fetus.
     HB 1175: FOR AN ACT ENTITLED, An Act to  authorize the Division of Insurance to promulgate rules regarding the privacy of medical records.

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

     HB 1191: FOR AN ACT ENTITLED, An Act to  revise the number of temporary on-sale licenses that may be issued by municipalities.

     HB 1193: FOR AN ACT ENTITLED, An Act to  clarify the authority of federally regulated charter bus service operators to provide charter bus services to schools.

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

     HB 1203: FOR AN ACT ENTITLED, An Act to  revise certain notice requirements for accidents involving only damage to the motor vehicle of the driver.

     HB 1205: FOR AN ACT ENTITLED, An Act to  revise certain requirements for moving mobile homes or manufactured homes.

     HB 1210: FOR AN ACT ENTITLED, An Act to  modify contract renewal provisions for school district food service purchases and to declare an emergency.

     HB 1214: FOR AN ACT ENTITLED, An Act to  revise certain segments of the state trunk highway system.

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

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

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

     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.

     HB 1260: FOR AN ACT ENTITLED, An Act to  increase the authorized number of nonresident waterfowl hunting licenses.

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

     HB 1296: FOR AN ACT ENTITLED, An Act to  revise the requirements for motorcycle mufflers.
     HB 1300: FOR AN ACT ENTITLED, An Act to  create an office of agricultural policy.

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

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

     HB 1315: FOR AN ACT ENTITLED, An Act to  authorize use of special education funds for initiatives at the South Dakota School for the Blind and the Visually Impaired and the South Dakota School for the Deaf.

     And signed the same in the presence of the Senate.

     Sen. Daugaard moved that the Senate do now adjourn, which motion prevailed, and at 4:40 p.m. the Senate adjourned.

Patricia Adam, Secretary