The prayer was offered by the Chaplain, David Zellmer, followed by the Pledge of Allegiance led by Senate page Cy Fixen.

     Roll Call: All members present.

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-second day.

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

     And we hereby move the adoption of the report.

    I have the honor to transmit herewith HB 1119, 1120, 1133, 1136, 1220, 1255, 1283, and 1300 which have passed the House and your favorable consideration is respectfully requested.

     Was read the second time.

     "Section 1. Terms used in this Act mean:

location from which the business of deferred presentment service transactions is conducted. Any state or national bank, savings bank, trust company, savings or building and loan association, or federal credit union is exempt from this Act, and any person selling goods or services and providing financing for such goods or services is exempt from this Act unless engaged in the business of deferred presentment service transactions.

requested in writing by the director. These reports shall be under oath and on forms prescribed by the division by rule or order.

     Section 21. Before disbursing funds under a deferred presentment service transaction, a licensee shall provide to the maker of the check a clear and conspicuous printed notice indicating:

     Section 26. If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or a stop payment order, the licensee has the right to all civil remedies available to collect the check. The licensee may contract for and collect a returned check charge not to exceed thirty dollars per customer, per check, per year. No other fee or charge may be collected as a result of a returned check or as a result of default by the maker of the check in timely payment to the licensee. A violation of this section is a Class 1 misdemeanor.

     Section 27. Each licensee shall conspicuously post in the licensee's licensed location a notice of the fees imposed for the deferred presentment service. A violation of this section is a Class 1 misdemeanor.

     Section 28. A licensee may not renew, repay, refinance, or consolidate a deferred presentment service transaction with the proceeds of another deferred presentment service transaction with that licensee by the same maker or customer. A violation of this section is a Class 1 misdemeanor.

     Section 29. A licensee shall provide a notice in a prominent place on each deferred presentment service agreement in no less than twelve-point type in substantially the following form:

     Section 30. Any licensee may advertise in any medium. No licensee may advertise any statement or representation, including rates, terms, or conditions for making or negotiating loans that is false, misleading, or deceptive, or that refers to the supervision of business by the state. A violation of this section is a Class 1 misdemeanor.

     Section 31. That § 54-4-37 be amended to read as follows:

     54-4-37.   Any state or national bank, savings bank, trust company, savings or building and loan association, or federal credit union , or any business conducting deferred presentment service transactions pursuant to this Act is exempt from § §  54-4-36 to 54-4-63, inclusive."

"state or jurisdiction shall submit an accurately completed damage disclosure statement when applying for a certificate of title pursuant to §  32-3-18 and shall also disclose whether the motor vehicle has incurred damage requiring salvage disclosure under section 2 of this Act . The completed damage".

    "This section does apply to all other motor vehicles, but only damage in excess of three thousand dollars that exceeds the greater of six thousand dollars or thirty percent of the predamage retail value of the motor vehicle as determined by the National Automobile Dealers' Association Official Used Car Guide in effect at the time of the damage shall be disclosed in the statement. If the motor vehicle has incurred damages more than once, only those damages which occurred at one time would be considered in determining whether the damages exceeded

three thousand dollars the greater of six thousand dollars or thirty percent of its predamage retail value ."

"been damaged such that it cost more than three thousand dollars to repair to its predamaged condition in an amount which exceeds the greater of six thousand dollars or thirty percent of the predamage retail value of the motor vehicle as determined by the National Automobile Dealers' Official Used Car Guide in effect at the time of the damage or to the extent of seventy-five percent or more of its retail value as determined by the ".

     "Section 12. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

     Section 13. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

"state or jurisdiction shall submit an accurately completed damage disclosure statement when applying for a certificate of title pursuant to §  32-3-18 and shall also disclose whether the motor vehicle has incurred damage requiring salvage disclosure under section 2 of this Act . The completed damage".

    "This section does apply to all other motor vehicles, but only damage in excess of three thousand dollars that exceeds six thousand dollars shall be disclosed in the statement. If the motor vehicle has incurred damages more than once, only those damages which occurred at one time would be considered in determining whether the damages exceeded three thousand dollars six thousand dollars ."

"been damaged such that it cost more than three thousand dollars to repair to its predamaged condition in an amount which exceeds six thousand dollars or to the extent of seventy-five percent or more of its retail value as determined by the ".

     "Section 12. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

     Section 13. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

     Was read the second time.

     "Section 1. That § 35-4-60.2 be repealed.

     35-4-60.2.   A licensee licensed under subdivision 35-4-2(16) or (17) shall purchase the malt beverages he sells from the municipality if the municipality in which he is located is a licensee under subdivision 35-4-2(5) and if the municipality has by ordinance required that such purchases be made from the municipality. A municipality selling malt beverages to any licensee licensed under subdivision 35-4-2(16) or (17) may not charge such licensee more than five percent above the municipality's cost for malt beverages plus freight unless the municipality has operating agreements in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt beverages. The municipality shall charge all such licensee's the same price for malt beverages. "

    Which request was supported.

    The question being on Sen. Hutmacher's motion that SB 168 be further amended.

     And the roll being called:

     Yeas 11, Nays 22, Excused 2, Absent 0

     Yeas:
Dennert; Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Munson; Reedy; Sutton (Dan); Symens

     Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Ham; Kleven; Koskan; McCracken; Olson (Ed); Putnam; Staggers; Vitter; Whiting

     Excused:
Madden; Volesky

     "Section 3. If either party requests the secretary of agriculture to provide for the collection of samples under section 2 of this Act, or to participate in or conduct any other aspect of the sampling or analysis process, the secretary shall designate an employee or enter into an agreement with a person or entity to implement the specified activity as provided in rules under section 6 of this Act. The person or entity may be, but is not required to be, an employee or

agency of the State of South Dakota. The patent holder shall pay the fee charged by the department under rules promulgated pursuant to section 6 of this Act. The farmer and the person holding the patent may each be present at any collection of samples conducted under this Act, and each shall be notified of the time and location of the sample taking in a timely manner."

    There being no objection, the Senate reverted to Order of Business No. 8.

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
de Hueck; Diedrich (Larry); Madden

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

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Cradduck; Diedrich (Larry); Drake; Everist; Greenfield; Ham; Kleven; Koskan; McCracken; Olson (Ed); Putnam; Vitter

     Nays:
Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Munson; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Excused:
Madden

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

    The question now being on Sen. Bogue's motion that SB 7 be further amended.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

     Yeas:
Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Everist; Hagen; Hutmacher; Koetzle; McIntyre; Munson; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Albers; Apa; Bogue; Diedrich (Larry); Drake; Greenfield; Ham; Kleven; Koskan; McCracken; Moore; Olson (Ed); Putnam; Vitter

     Excused:
Madden

     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.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Madden

     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.

     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.

     Which motion prevailed and the bills were so deferred.

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