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

     Roll Call: All members present except Sen. Albers who was excused.

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twentieth day and finds that the following correction shall be made:

    On page 367, line 8, delete "9" and insert "10", delete "printed" and insert "Senate Local Government engrossed".

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

     And we hereby move the adoption of the report.

    The Committee on Judiciary respectfully reports that it has had under consideration SB 155, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

     "Section 1. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

nonrepairable, reconstructed, rebuilt, or any other symbol or word of like kind or meaning, or that it has been damaged by flood, and the name of the state that last issued title.

     Section 2. That § 32-3-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     Section 3. That § 32-3-51.7 be amended to read as follows:

     32-3-51.7.   Each certificate of title issued by the department shall contain the following phrase: South Dakota state law requires the disclosure of damage on motor vehicles. This information is available upon written request from the Department of Revenue, Division of Motor Vehicles. Each certificate of title shall also contain on its front a statement as to whether previous damage disclosure statements indicate the motor vehicle had been damaged at one time in excess of three thousand dollars as provided by carry the word, salvage, on the front if the disclosure statement indicates that the motor vehicle meets the disclosure requirements of §  32- 3-51.8.

     Section 4. That § 32-3-51.8 be amended to read as follows:

     32-3-51.8.   Upon the sale, transfer, or trade-in of a motor vehicle, or if licensing a motor vehicle in South Dakota which is titled in another state or jurisdiction, the seller, transferor, trader, or person wishing to license in South Dakota the motor vehicle which is titled in another state or jurisdiction shall submit an accurately completed damage disclosure statement when applying for a certificate of title pursuant to §  32-3-18 disclose whether the motor vehicle has incurred damage requiring disclosure under section 2 of this Act . The completed damage disclosure statement may be on the back of the certificate of title or on a separate document that has been approved for use by the department. Except as otherwise provided by this section, no certificate of title may be issued by the department unless the damage disclosure statement accompanies the application. It is a Class 1 misdemeanor to intentionally falsify any information on the damage disclosure statement. No person or dealer is liable to a subsequent owner of a vehicle because a prior owner of the vehicle failed to disclose that the vehicle had previously been damaged and repaired. This section does not apply to motor vehicles more than nine model years old or with a gross vehicle weight rating of more than sixteen thousand pounds and does not apply if a rebuilt title or junking certificate is sought.

     Section 5. That § 32-3-51.9 be amended to read as follows:

     Section 6. That § 32-3-51.11 be amended to read as follows:

     32-3-51.11.   The department shall retain each damaged disclosure statement received. The statement shall become part of the title history available to the public pursuant to §   32-3-30.2.

     Section 7. That § 32-3-51.14 be amended to read as follows:

     32-3-51.14.   The department shall prescribe, pursuant to chapter 1-26, the format for the damage disclosure statement provided by §   32-3-51.8. An area for a damage disclosure statement shall appear on the back of each certificate of title issued by the department. The department may also approve separate documents on which a damage disclosure statement may be submitted. The damage disclosure statement form shall indicate whether the motor vehicle has been damaged such that it cost more than three thousand dollars to repair to its predamaged condition to the extent of seventy-five percent or more of its retail value as determined by the National Automobile Dealers' Association Official Used Car Guide in effect at the time the damage occurred and shall indicate any other damage information the department deems appropriate. If a separate document from the certificate of title contains the damage disclosure statement, the document shall also require the following information: year, make, model, and vehicle identification number of the motor vehicle.

     Section 8. That § 32-3-51.15 be amended to read as follows:

     32-3-51.15.   The dollar amount of damage to a motor vehicle required to be disclosed pursuant to §   32-3-51.8 shall include the costs necessary to return the damaged motor vehicle to its predamaged condition. Such costs include parts, labor, paint, and frame work done on the damaged motor vehicle. The amount of damage to a motor vehicle is determined by adding the retail value of all labor, parts, and material used in repairing the damage. If the retail value of labor has not been determined by a purchase in the ordinary course of business (for example, the labor is performed by the owner of the vehicle), the retail value of the labor is presumed to be the product of the repair time, as provided in a generally accepted autobody repair flat rate manual, multiplied by thirty-five forty dollars.

     Section 9. That § 32-3-51.16 be repealed.

     32-3-51.16.   The department shall place the damage information pursuant to §   32-3-51.7 on the first South Dakota title and all subsequent titles issued for any motor vehicle which came into the state unrepaired and for which a salvage certificate of title was issued by another state unless the person applying for the South Dakota title maintains at his place of business proof that the vehicle did not sustain damage equivalent to the amount set forth in this chapter. The proof shall include two photographs showing all four sides of the motor vehicle and either an insurance adjuster's written report or a written repair estimate which details the parts, labor, paint, and frame work required to repair the motor vehicle.

     Section 10. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

     Section 11. That § 32-3-51.5 be amended to read as follows:

     32-3-51.5.   Any motor vehicle, trailer, or semitrailer whose title has been marked or branded by another state or jurisdiction as salvage, unrebuildable, nonrepairable, or any similar term , shall receive a salvage title , which shall contain the damage disclosure information as set forth in § §   32-3-51.7 and 32-3-51.8 or, at the option of the owner, . If the title is branded as parts only, scrap, or junk, the owner shall receive a junking certificate. "

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1091 and returns the same with the recommendation that said bill be amended as follows:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 179 and returns the same with the recommendation that said bill be amended as follows:

     "Section 1. Terms used in this Act mean:

     Section 3. If either party requests the secretary of agriculture to collect the samples, the cost shall be divided equally between the parties.

     Section 4. If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protection order from the circuit court. The protection order may not interrupt or interfere with normal farming practices, including harvest and tillage.

     Section 5. The samples may be taken from a standing crop, from representative standing plants in the field, or from crops remaining in the field after harvest.

     Section 6. The secretary of agriculture may promulgate rules, pursuant to chapter 1-26, to determine the following sampling protocols:

    I have the honor to transmit herewith HB 1058, 1109, 1130, 1135, 1165, 1182, 1195, 1198, 1218, 1279, 1299, and 1301 which have passed the House and your favorable consideration is respectfully requested.

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
McIntyre

     Excused:
Albers

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1012 was concurred in.

     And the roll being called:

     Yeas 17, Nays 17, Excused 1, Absent 0

     Yeas:
Apa; Bogue; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Ham; Hutmacher; Kleven; Koskan; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens

     Nays:
Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Duxbury; Everist; Hagen; Koetzle; Madden; McCracken; McIntyre; Munson; Vitter; Volesky; Whiting

     Excused:
Albers

    The Senators being equally divided the President voted "Nay."

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

     "Section 2. That § 40-36-1 be amended to read as follows:

    " However, the requirements of subdivisions (3) and (4) shall be waived if:

    " However, the requirements of subdivisions (3) and (4) shall be waived if:

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

     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.

     Nays:
Staggers

     Excused:
Albers

     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. Koetzle requested a roll call vote.

    Which request was supported.

    The question being on Sen. Drake's motion that SB 133 be further amended.

     And the roll being called:

     Yeas 6, Nays 28, Excused 1, Absent 0

     Yeas:
Drake; Everist; Koskan; Madden; Staggers; Whiting

     Nays:
Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky

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

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Albers; Bogue

     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.

     "Section 1. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as follows:

offers of both parties, the department shall issue a recommendation on each unresolved issue and the rationale supporting each recommendation. The department shall recommend either the final offer of the public employees or the final offer of the public employers on each unresolved issue and may not make any alternative recommendation. The department shall furnish a copy of its recommendation to each of the parties and to any local newspaper for publication for the information of the public.

     Section 2. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as follows:

     3-18-8.1.   In case of impasse or failure to reach an agreement in negotiations conducted under the provisions of this chapter, either party may request the Department of Labor to intervene under the provisions of § §   60-10-1 to 60-10-3, inclusive . Such request shall be mailed within ten days after a written statement is delivered to the designated representative for the other party declaring an impasse. Nothing in this section prohibits the parties to an impasse from adopting any other procedure to facilitate a settlement that is mutually agreeable. "

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

     "Section 1. That § 35-4-2.2 be amended to read as follows:

     35-4-2.2.   A license authorized under subdivision 35-4-2(12) may only be issued to the owner or operator of a restaurant or a motel-hotel facility and shall permit the licensee to serve the enumerated beverages between 12:00 noon and 12:00 p.m. of each day of the week including Sunday. The term restaurant as used herein shall mean in this section means only a room regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation which has suitable table accommodations for at least fifty guests therein at one and the same time, and a connected kitchen connected therewith containing conveniences for cooking sufficient to provide meals in a bona fide manner for fifty guests at one and the same time. The term motel-hotel facility as used in this section means a facility used and kept open for the hosting of large groups of guests for compensation, which has at least seventy-five beds that are suitable lodging accommodations. "

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be amended as follows:

    The Committee on Commerce respectfully reports that it has had under consideration SB 180 and returns the same with the recommendation that said bill be amended as follows:

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 103, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

     "Section 1. If a contract of more than ten thousand dollars is entered into for construction, alteration, or repair of any improvement for a natural person or private entity, any contractor, subcontractor, or construction manager who does not have liability insurance with limits of at least one hundred thousand dollars shall, before commencing work, disclose that fact to the person or entity using the following specific language:

"      Section 1. That § 49-32-11 be amended to read as follows:

     49-32-11.   No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may perform or permit another to perform any function or activity if it is probable that during the performance of such activity any person or any tool,

equipment, machinery , or material engaged in performing work connected with such activity, will move to, or be placed in, a position within six ten feet of any high voltage overhead electrical line or conductor. A violation of this section is a Class 2 misdemeanor. "

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  151 and returns the same without recommendation.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  99 which was deferred to the 36^th Legislative Day.

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