JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



TWENTY-SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 14, 2001

     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 Amanda Anderson.

     Roll Call: All members present except Sens. Hagen and McCracken who were excused.

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.

     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,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS


February 13, 2001

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 91, 103, 115, 117, and 141, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 155 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1126, 1145, 1177, 1198, and 1265 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1225 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Fred C. Whiting, Chair

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 231 and returns the same with the recommendation that said bill be amended as follows:

231ja

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

    "Section 1. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     As used in this Act, the term, clean claim, means a claim for payment of health care expenses that is submitted to a health carrier on the carrier's standard claim form with all required fields completed with correct and complete information in accordance with the carrier's published filing requirements. The term, clean claim, does not include a claim for payment of expenses incurred during a period of time for which premiums are delinquent, except to the extent otherwise required by law.

     Section 2. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     Every health carrier shall provide a copy of its filing requirements upon request to:

             (1)    Every enrollee or insured upon enrollment in the carrier's plan or upon issuance of the policy if applicable;

             (2)    Every enrollee or insured, upon request, within fifteen calendar days;

             (3)    Every participating provider upon acceptance of the provider into the carrier's network; and

             (4)    Every enrollee, insured, and participating provider within fifteen calendar days after any change in the standard form or the accompanying instructions or requirements if applicable.

     Section 3. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     Each clean claim shall be paid to the person entitled thereto, denied, or settled within thirty calendar days after receipt by the carrier if submitted electronically and within forty-five calendar days after receipt by the carrier. If the resolution of an otherwise clean claim requires additional information, the carrier shall, within thirty calendar days after receipt of the claim, give the provider, policyholder, insured, or patient, as appropriate, a full explanation of what additional information is needed. The person receiving a request for additional information shall submit all additional information requested by the carrier within thirty calendar days after receipt of such request.

     Section 4. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any provision of any indemnity or health policy or certificate to the contrary, if a provider fails to timely submit additional information requested under section 3 of this Act, the health carrier may deny an otherwise clean claim or continue to process the claim beyond the time frames contained in section 3 of this Act.

     Section 5. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     Absent suspected fraud, all clean claims, except those described in section 3 of this Act shall be paid, denied, or settled within ninety calendar days after receipt by the carrier.

     Section 6. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     This Act applies to any health insurer or health maintenance organization that issues health insurance coverage pursuant to chapters 58-17A, 58-17B, 58-17, 58-18, 58-18B, 58-19, 58-37A, 58-38, 58-39, 58-40, and 58-41."

231jta

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "provide for the
prompt payment of certain uncontested health care claims."

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Respectfully submitted,
Kenneth D. Albers, Chair

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1114 and 1166 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1132, 1174, and 1188 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 158 and returns the same with the recommendation that said bill do pass and be referred to the Committee on Appropriations.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1276 and returns the same with the recommendation that said bill be amended as follows:

1276tta

     On page 1, line 2 of the printed bill, delete " its " and insert "their".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

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

1200ta

     On page 1, line 13 of the printed bill, delete " 7-9-15(7) " and insert "7-9-15(1)".

     On page 3 , after line 17, insert:

    "Section 3. This Act is effective on July 1, 2002."


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

Respectfully submitted,
Arlene H. Ham, Chair

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1223 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1254 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 166, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

166fa

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

    "Section 1. There is established the Streamlined Sales Tax Project Task Force. The task force shall study the final report of the Streamlined Sales Tax Project to determine how the requirements found in the report impact the sales and use tax laws of South Dakota. The study shall include an analysis on the how the requirements found in the report will impact the businesses and citizens of South Dakota. The task force shall report its findings to the Legislature and Governor by December 1, 2001. The task force shall have fifteen members. The Executive Board of the Legislative Research Council shall appoint seven members of the South Dakota Legislature to serve on the task force. The Governor shall appoint two people representing the South Dakota Retailer's Association, two people representing the South Dakota Industry and Commerce Association, two people representing the South Dakota Municipal League, and two people representing the Department of Revenue to the task force.

     Section 2. There is hereby appropriated from the general fund the sum of twenty thousand dollars ($20,000), or so much thereof as may be necessary, to the Executive Board of the Legislative Research Council for the purpose of the task force authorized by section 1 of this Act.

     Section 3. The director of the Legislative Research Council shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2002, shall revert in accordance with §  4-8-21.

     Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


166fta

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "provide for a Streamlined Sales Tax Project Task Force, to make an appropriation therefor, and to declare an emergency."

     On page 1 , delete lines 2 and 3 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1216 and returns the same with the recommendation that said bill be amended as follows:

1216ra

     On page 1, line 6 of the printed bill, overstrike " auditor " and insert " county director of equalization ".

     On page 1 , line 10, delete " the second and third year of " .

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

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 177 and 227 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Dick Hainje, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 155 which has passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1062.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1111 and 1169 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Whiting moved that the Committee on Appropriations be instructed to deliver SB 157 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion prevailed.

     Sen. Symens moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with the referral to committee, and placing on the calendar for Thursday, February 15, the 27th legislative day, a bill relating to authorizing the South Dakota Railroad Authority to acquire certain facilities owned by the Burlington Northern and Santa Fe Railway Company and to declare an emergency.

     The question being on Sen. Symens' motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with the referral to committee, and placing on tomorrow's calendar a bill relating to authorizing the South Dakota Railroad Authority to acquire certain facilities owned by the Burlington Northern and Santa Fe Railway Company and to declare an emergency.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

     Excused:
de Hueck; Hagen; Koskan; McCracken; Whiting

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 253   Introduced by:  Senators Symens, Everist, and Hutmacher and Representatives Peterson (Bill), Hanson (Gary), Olson (Mel), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Railroad Authority to acquire certain facilities owned by the Burlington Northern and Santa Fe Railway Company and to declare an emergency.

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

     Sen. Volesky moved that the Committee on Education be instructed to deliver SB 71 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Appropriations on SB 20 as found on page 485 of the Senate Journal ; also

     Commerce on SB 165 as found on page 485 of the Senate Journal ; also

     Taxation on SB 179 as found on page 472 of the Senate Journal ; also

     Commerce on SB 225 as found on page 486 of the Senate Journal ; also

     State Affairs on SB 226 as found on page 468 of the Senate Journal ; also

     Education on SB 248 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 1119:   FOR AN ACT ENTITLED, An Act to   authorize certain vehicles in the possession of a dealer's car auction agency to be moved with a permit.

     Was read the second time.

     The question being "Shall HB 1119 pass?"


     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

     Excused:
Hagen; Koskan; McCracken; 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 1127:   FOR AN ACT ENTITLED, An Act to   modify the procedure for the remittance of the 911 surcharge.

     Was read the second time.

     The question being "Shall HB 1127 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

     Excused:
Hagen; Koskan; McCracken; 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 1236:   FOR AN ACT ENTITLED, An Act to   authorize auction agencies to accept for sale vehicles owned by vehicle manufacturers under certain conditions.

     Was read the second time.

     The question being "Shall HB 1236 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

     Excused:
Hagen; Koskan; McCracken; 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.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. Daugaard moved that the report of the Conference Committee on SB 2 as found on page 488 of the Senate Journal be adopted.

    The question being on Sen. Daugaard's motion that the report of the Conference Committee on SB 2 be adopted.

     And the roll being called:

     Yeas 29, Nays 2, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
de Hueck; Staggers

     Excused:
Hagen; Ham; Koskan; McCracken

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 146:   FOR AN ACT ENTITLED, An Act to   require that certain findings and recommendations of the state fire marshal be included in a school board's minutes and to require certain inspections.

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

146cf

     Sen. Hutmacher moved that SB 146 be further amended as follows:

     On page 2, line 2 of the Senate Education Committee engrossed bill, delete " a licensed " and insert "the".

     Which motion prevailed.

146ce

     Sen. Moore moved that SB 146 be further amended as follows:

     On page 2, after line 7 of the Senate Education Committee engrossed bill, insert:

    "Section 5. That § 1-24-19 be amended to read as follows:

     1-24-19.   Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participating governing bodies. Such agreement may be entered into for economic development purposes or to provide greater efficiency or improved services among the governing bodies entering into the agreement. The governing body of the joint entity shall be composed of the elected officials from the participating governing bodies. The agreement shall set forth the portion of support provided by each governing body. The joint entity may not levy property taxes, but may operate enterprise functions, set fees for services, employ staff, and own real or personal property. The joint entity may borrow funds to finance the purchase of real or personal property or to construct facilities. Any financing by bonds or other method shall require approval by more than sixty fifty percent of the members of each participating governing board. The joint entity may enter into multiyear contracts. The joint entity shall follow all statutory requirements for public notice of meetings, publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal of surplus property, and audits.

     Section 6. That § 6-8B-2 be amended to read as follows:

     6-8B-2.   Unless otherwise provided, no bonds may be issued either for general or special purposes by any public body unless at an election sixty fifty percent of voters of the public body voting upon the question vote in favor of issuing the bonds. The election shall be held in the manner described by law for other elections of the public body.


     Section 7. That § 13-16-6.4 be amended to read as follows:

     13-16-6.4.   Approval to enter into an agreement or issue capital outlay certificates to which §  3-16-6.3 applies is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval or disapproval of the agreement or issue of capital outlay certificates or the lease-purchase agreement placed upon the ballot at the next regular election or at a special election called for that purpose. The business manager shall give notice of the fact that the question will be on the ballot at a regular or special election as provided by law for school elections and prepare official ballots therefor according to the provisions of this title relating to elections and the issue shall be decided by sixty fifty percent of those voting thereon.

     Section 8. That § 13-16-26.2 be repealed.

     13-16-26.2.   Notwithstanding the provisions of §  13-16-26, no school district may transfer any funds, exclusive of federal funds, from the general fund to the capital outlay fund. ".


     Sen. Bogue moved that Sen. Moore's motion to further amend SB 146 be laid on the table.

     Sen. Moore requested a roll call vote.

     Which request was supported.

     The question being on Sen. Bogue's motion that Sen. Moore's motion to further amend SB 146 be laid on the table.

     And the roll being called:

     Yeas 25, Nays 7, Excused 3, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Madden; Munson; Olson (Ed); Putnam; Staggers; Symens; Vitter; Volesky; Whiting

     Nays:
Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan)

     Excused:
Hagen; Koskan; McCracken

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Moore's motion to further amend SB 146 was laid on the table.


     The question being "Shall SB 146 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 11, Excused 3, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Madden; McIntyre; Munson; Olson (Ed); Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Apa; Bogue; Dennert; Diedrich (Larry); Duxbury; Hutmacher; Koetzle; Moore; Putnam; Reedy; Symens

     Excused:
Hagen; Koskan; McCracken

     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 187:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to comparative negligence.

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

187jg

     Sen. Bogue moved that SB 187 be amended as follows:

     On page 1, line 8 of the printed bill, delete " slight in comparison with less than " and insert "slight in comparison with".

     On page 2 , after line 2, insert:

    " For the purposes of this section, slight in comparison means that the contributory negligence of the plaintiff was less than forty percent of the total negligence of all parties. Any such determination shall be made by disclosing the percentage of the parties' fault by special interrogatory. The jury shall be instructed on the effects of the allocation of negligence. "


     Which motion lost.

     The question being "Shall SB 187 pass?"

     And the roll being called:

     Yeas 12, Nays 20, Excused 3, Absent 0

     Yeas:
Bogue; de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Olson (Ed); Symens; Volesky; Whiting

     Nays:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Madden; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Vitter

     Excused:
Hagen; Koskan; McCracken

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

     Sen. Bogue announced his intention to reconsider the vote by which SB 187 lost.

    
     SB 219:   FOR AN ACT ENTITLED, An Act to   permit municipalities to issue a temporary on-sale license during certain large events.

     Was read the second time.

     The question being "Shall SB 219 pass?"

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Madden; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Moore

     Excused:
Hagen; Koetzle; Koskan; McCracken

     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 19:   FOR AN ACT ENTITLED, An Act to   authorize the sale of a tract of land in Brookings County, South Dakota, to provide for the disposition and appropriation of the sale proceeds, to authorize and appropriate other funds to the Board of Regents to purchase property for agricultural experiment station research, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 19 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Koskan; McCracken

     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 174:   FOR AN ACT ENTITLED, An Act to   provide for a refund of certain taxes attributed to the construction of a new or expanded wind energy generation facilities.

     Was read the second time.

     Sen. Everist moved that SB 174 be deferred to Thursday, February 15, the 27th legislative day.

     Which motion prevailed.

     SB 228:   FOR AN ACT ENTITLED, An Act to   provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

     Was read the second time.

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

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0


     Yeas:
Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Albers; Bogue

     Excused:
Hagen; McCracken

     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.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 2.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1075 and has appointed Reps. McCaulley, Murschel, and Gillespie 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. Whiting, de Hueck, and Moore.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1079 and has appointed Reps. Madsen, McCaulley, and Bartling 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.

Respectfully,
Karen Gerdes, Chief Clerk

      The President appointed as such committee Sens. Bogue, de Hueck, and Koetzle.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1111:   FOR AN ACT ENTITLED, An Act to   provide for alternative teacher certification.

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

     HB 1169:   FOR AN ACT ENTITLED, An Act to   establish a civil remedy for the destruction of certain field crop products, animals, and organisms.

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

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 52, 66, and 222 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration
 SB 21, 61, 69, 101, 102, 157, 178, 182, and 243 which were deferred to the 41st Legislative Day.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill be amended as follows:

157ha

     On page 2, between lines 16 and 17 of the printed bill, insert:


    "Section 9. Effective July 1, 2001, no child in the custody of the State of South Dakota or any subdivision thereof may be placed in any program unless that program is actively seeking accreditation through application, or is accredited by the American Corrections Association if such accreditation is available."

     And that as so amended said bill do not pass.

Respectfully submitted,
Bob Drake, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1083:   FOR AN ACT ENTITLED, An Act to   authorize employers to pay wages by direct deposit.

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


     The question being on Sen. Dan Sutton's pending motion to amend HB 1083 as found on page 461 of the Senate Journal.

1083jb

     Sen. Hutmacher moved as a substitute motion that HB 1083 be amended as follows:

     On page 1, line 8 of the printed bill, after " account " insert " , unless an employer and employee agree to another form of payment ".

     Which motion prevailed.

     The question being "Shall HB 1083 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 10, Excused 4, Absent 0

     Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedtrich (Elmer); Duxbury; Everist; Ham; Hutmacher; Koetzle; McIntyre; Moore; Munson; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Bogue; de Hueck; Diedrich (Larry); Drake; Greenfield; Hainje; Kleven; Madden; Putnam; Vitter

     Excused:
Hagen; Koskan; McCracken; Olson (Ed)

     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 1092:   FOR AN ACT ENTITLED, An Act to   include in certain drug offenses the altered state of a controlled drug or substance or marijuana once absorbed into the body.

     Was read the second time.

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

     And the roll being called:

     Yeas 20, Nays 11, Excused 4, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedtrich (Elmer); Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; Munson; Olson (Ed); Putnam; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Apa; de Hueck; Dennert; Diedrich (Larry); Drake; Koetzle; McIntyre; Moore; Reedy; Staggers; Symens

     Excused:
Duxbury; Hagen; Hutmacher; McCracken

     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 1110:   FOR AN ACT ENTITLED, An Act to   criminalize the delivery of certain contraband to juvenile detention facilities and to revise the definition of contraband with regard to certain correctional facilities.

     Was read the second time.

1110rg

     Sen. Bogue moved that HB 1110 be further amended as follows:

     On page 2, line 3 of the Senate Judiciary Committee engrossed bill, after " practitioner " insert " , ".

     On page 2 , after line 10, insert:

    "Section 3. That § 24-11-47 be amended to read as follows:

     24-11-47.   No alcoholic beverages, controlled substances as defined by chapter 34-20B, hallucinogens, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a jail. No prescription or nonprescription drugs may be possessed by any inmate of a jail except by order of a physician , physician assistant, or nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively . Such order shall be in writing and for a definite period. A violation of this section constitutes a felony pursuant to the following schedule:

             (1)      Possession of alcoholic beverages or marijuana is a Class 6 felony;

             (2)      Possession of prescription or nonprescription drugs , or controlled substances or hallucinogens is a Class 4 felony;

             (3)      Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony. "

     Which motion prevailed.

     The question being "Shall HB 1110 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 2, Excused 5, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Everist; Greenfield; Hainje; Ham; Kleven; Koetzle; Madden; McIntyre; Moore; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Drake; Koskan

     Excused:
Hagen; Hutmacher; McCracken; Olson (Ed); 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 1154:   FOR AN ACT ENTITLED, An Act to   clarify the application of certain driving privilege penalties with regard to juvenile adjudications.

     Was read the second time.

     The question being "Shall HB 1154 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 14, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Daugaard; de Hueck; Diedtrich (Elmer); Hainje; Ham; Kleven; Koskan; Madden; McIntyre; Munson; Putnam; Symens; Whiting

     Nays:
Brown (Arnold); Dennert; Diedrich (Larry); Drake; Duxbury; Everist; Greenfield; Koetzle; Moore; Olson (Ed); Reedy; Staggers; Sutton (Dan); Volesky

     Excused:
Hagen; Hutmacher; McCracken; Vitter

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

     Sen. Whiting announced his intention to reconsider the vote by which HB 1154 lost.

    

SIGNING OF BILLS


     The President publicly read the title to

     SB 155: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the termination of life estates and joint tenancies.

     And signed the same in the presence of the Senate.

     Sen. Kleven moved that the Senate do now adjourn, which motion prevailed and at 4:15 p.m. the Senate adjourned.

Patricia Adam, Secretary