Senate Journal 2/21/2008 02:00 PM

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,

Bob Gray, Chair

Mr. President and Members of the Senate:

COMMUNICATIONS AND PETITIONS

February 20, 2008

I have the honor to inform you that on February 19, 2008, I approved Senate Bills 95 and 131, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 21, 2008

Mr. President and Members of the Senate:

I have the honor to inform you that on February 20, 2008, I approved Senate Bills 1, 5, 9, 11, 16, 19, 30, and 39, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

The Committee on Transportation respectfully reports that it has had under consideration SCR 13 and returns the same with the recommendation that said resolution do pass.

Respectfully submitted,
Cooper Garnos, Chair

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1263 and 1314 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jay Duenwald, Chair

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Appropriations respectfully reports that it has had under consideration HB 1085 and 1251 and returns the same with the recommendation that said bills do pass.

The Committee on Appropriations respectfully reports that it has had under consideration HB 1226 and returns the same with the recommendation that said bill be amended as follows:

1226ma

On the House Appropriations Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

On the pending amendment (1227ma), after "($1,000,000)" insert ",".

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

1227bb

1227ma

On page 1, line 4, of the House Appropriations Committee engrossed bill, delete everything after "of" and insert "one million dollars ($ 1,000,000 )".

Respectfully submitted,
Jerry Apa, Chair

The Committee on Appropriations respectfully reports that it has had under consideration HB 1076 and returns the same without recommendation.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1219, 1223, and 1259 which were tabled.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1220, 1221, and 1222 which were deferred to the 36^th Legislative Day.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1242 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1016 and returns the same with the recommendation that said bill be amended as follows:

1016cc

On page 1 of the House Education Committee engrossed bill, delete lines 7 to 12, inclusive, and insert:

"(2) "Per student allocation," for fiscal year 2009 is the amount appropriated by the Legislature in fiscal year 2008 through the General Appropriations Act for postsecondary career and technical education, including the portions thereof that were reserved for specific purposes in accordance with ARSD 24:10:42:27, divided by the sum of the student FTE of the four postsecondary technical institutes for academic year 2006. For fiscal year 2010 and thereafter, it is the previous year's per student allocation increased by the index factor;

(3) "Base funding allocation," the per student allocation multiplied by the sum of the average student FTE of the four postsecondary technical institutes for the academic

year before the year immediately preceding the year in which the allocation will be distributed. The base funding allocation may not be used for bond payments;".

On page 1, line 13, delete "(3)" and insert "(4)".

On page 2, delete lines 2 to 4, inclusive, and insert:

"(5) "Index factor," the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment;".

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

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

On page 2, line 12, delete "(7)" and insert "(8)".

On page 2, line 14, delete "(8)" and insert "(9)".

On page 2, line 17, delete "(9)" and insert "(10)".

On page 2, line 19, delete "(10)" and insert "(11)".

On page 2, line 22, delete "(11)" and insert "(12)".

1016cd

Delete the previously adopted amendment (1016cc)

On page 1, line 10, of the House Education Committee engrossed bill, delete everything after "27" and insert ";" .

On page 1, delete lines 11 and 12.

On page 2, delete lines 2 to 4, inclusive.

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

On page 2, line 9, delete "(6)" and insert "(5)".

On page 2, line 12, delete "(7)" and insert "(6)".

On page 2, line 14, delete "(8)" and insert "(7)".

On page 2, line 17, delete "(9)" and insert "(8)".

On page 2, line 19, delete "(10)" and insert "(9)".

On page 2, line 22, delete "(11)" and insert "(10)".

On page 4, line 6, delete everything after "." .

On page 4, delete line 7.

On page 4, line 15, after "auxiliary fund" insert "which shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund."

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

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1124 and returns the same with the recommendation that said bill be amended as follows:

1124ch

"Section 1. Education in South Dakota is hereby enhanced."

1124ctd

On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "enhance education in South Dakota."

On page 1, delete lines 2 to 4, inclusive.

On page 1, line 13, of the House Education Committee engrossed bill, delete " Except as otherwise provided by " and insert " As provided in section 1 of this Act ".

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1224 and returns the same with the recommendation that said bill be amended as follows:

1224cb

On page 1, line 14, delete " law ".

On page 2, after line 23 of the House Engrossed bill, insert:

The Committee on Education respectfully reports that it has had under consideration HB 1279 and returns the same with the recommendation that said bill be amended as follows:

1279cb

"Section 7. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

The secretary of the Department of Education shall develop a framework for building a high school for the twenty-first century. The framework shall outline the characteristics of a high school for the twenty-first century and the activities in which high schools can participate to develop those characteristics.

Each accredited high school in the state shall annually report to the department on the activities taking place in that school relative to the framework and the results of those activities. The department shall, in turn, provide access to the report of each high school on the department's web site.

The Department of Education may promulgate rules pursuant to chapter 1-26 to provide for the development of the framework, and to establish procedures and timelines for the collection and reporting of the data required by this section."

1279cta

On page 1, line 5, of the House engrossed bill, after "therefor" and insert ", and to require the Department of Education to develop a framework for a high school for the twenty-first century, and to require high schools to report on activities and results relative to that framework."

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

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1300 and returns the same with the recommendation that said bill be amended as follows:

1300ca

"Section 1. That § 13-6-92 be amended to read as follows:

13-6-92. If two or more school districts consolidate after July 1, 2001 and ~~prior to~~ on or before July 1, 2007, the new school district is entitled to an additional three hundred dollars per

average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 and ~~prior to~~ on or before July 1, 2007, the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and ~~prior to~~ on or before July 1, 2007, the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

If two or more school districts consolidate after July 1, 2007, ~~the~~ for the first year after consolidation, each new school district is entitled to ~~an additional six hundred~~ nine hundred dollars per fall enrollment as defined in § 13-13-10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students . If two or more school districts consolidate after July 1, 2007, ~~the~~ for the second year after consolidation, each new school district is entitled to ~~an additional four hundred~~ six hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students . If two or more school districts consolidate after July 1, 2007, ~~the~~ for the third year after consolidation, each new school district is entitled to ~~an additional two hundred~~ three hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students .

Section 2. For the purposes of this Act, the following terms mean:

(1) "New school district," a school district which is formed as the result of a consolidation of two or more school districts;

(2) "Receiving district," a new school district in which a secondary attendance center was operated prior to consolidation and is operated after consolidation;

(3) "Sending district," a school district which is not a receiving school district whose land has become part of another school district; and

(4) "Sending district student," a student who was included in the current fall enrollment as defined in § 13-13-10.1 of a sending school district for the school year prior to the first year the new school district operates.

Section 3. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding the provisions of § 13-6-92, if two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to § 13-6-48 no later than July 1, 2008, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in § 13-13-10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to § 13-6-48 no later than July 1, 2008, the new school district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to § 13-6-48 no later than July 1, 2008, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

Any school district that receives consolidation incentive payments pursuant to this section may not receive consolidation incentive payments pursuant to § 13-6-92."

1300cta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions related to the payment of additional funds to consolidated school districts."

On page 1, delete lines 2 and 3.

Respectfully submitted,
Ed Olson, Chair

MESSAGES FROM THE HOUSE

I have the honor to return herewith SCR 8 in which the House has concurred.

I have the honor to return herewith SB 6, 10, 14, 18, 31, 32, 41, 42, 45, 82, 88, 100, 140, 155, and 199 which have passed the House without change.

I have the honor to return herewith SB 44, 84, 111, and 124 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Garnos moved that the Senate do concur in House amendments to SB 13.

The question being on Sen. Garnos' motion that the Senate do concur in House amendments to SB 13.

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Kloucek

Excused:
Katus

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. Gant moved that the Senate do concur in House amendments to SB 87.

The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 87.

Sen. Apa moved that the Senate do concur in House amendments to SB 156.

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Koetzle; Maher

Excused:
Katus

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.

The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 156.

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Katus

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1100 as found on page 559 of the Senate Journal ; also

State Affairs on HB 1107 as found on page 558 of the Senate Journal ; also

Judiciary on HB 1149 as found on page 560 of the Senate Journal ; also

Judiciary on HB 1162 as found on page 560 of the Senate Journal ; also

State Affairs on HB 1320 as found on page 558 of the Senate Journal be adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the residency or military presence of parties in divorce or separate maintenance proceedings.

The question being "Shall HB 1157 pass as amended?"

Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Abdallah; Katus

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 1201: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the placement or return of abused or neglected children.

The question being "Shall HB 1201 pass as amended?"

HB 1272: FOR AN ACT ENTITLED, An Act to revise the defined sources of renewable electricity and recycled energy.

Excused:
Abdallah; Katus

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

The question being "Shall HB 1272 pass as amended?"

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.

Excused:
Abdallah; Katus

HB 1318: FOR AN ACT ENTITLED, An Act to provide options for those who elect continuation of health insurance.

The question being "Shall HB 1318 pass?"

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Excused:
Abdallah; Katus

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. Knudson moved that HB 1047 and 1069 be deferred to Monday, February 25, the 30^th legislative day.

HB 1250: FOR AN ACT ENTITLED, An Act to increase the salary for legislators.

Sen. Gray moved that HB 1250 be laid on the table.

The question being on Sen. Gray's motion that HB 1250 be laid on the table.

Yeas 29, Nays 4, Excused 2, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Knudson; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

Nays:
Koetzle; Lintz; Olson (Ed); Turbak Berry

Excused:
Katus; Kloucek

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

HB 1163: FOR AN ACT ENTITLED, An Act to increase the duration of juvenile diversion programs.

Was read the second time.

The question being "Shall HB 1163 pass as amended?"

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Hoerth; Katus

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 1087: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Executive Management, the Department of Revenue and Regulation, the Department of Game, Fish and Parks, the Department of Transportation, the Department of Education, the Board of Regents, the Department of Human Services, and the Department of Environment and Natural Resources.

Sen. Knudson moved that HB 1087 be deferred to Monday, February 25, the 30^th legislative day.

HB 1151: FOR AN ACT ENTITLED, An Act to regulate the location and hours of operation of adult oriented businesses.

The question being "Shall HB 1151 pass as amended?"

Yeas 24, Nays 10, Excused 1, Absent 0

Yeas:
Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

Nays:
Abdallah; Bartling; Hanson (Gary); Heidepriem; Hoerth; Koetzle; Napoli; Nesselhuf; Olson (Ed); Turbak Berry

Excused:
Katus

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 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the effect of suspended impositions of sentence on parole eligibility of certain offenders.

The question being "Shall HB 1173 pass as amended?"

Yeas 29, Nays 4, Excused 2, Absent 0

Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

Nays:
Apa; Maher; Napoli; Two Bulls

Excused:
Gray; Katus

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

HB 1238: FOR AN ACT ENTITLED, An Act to revise the limitation period for commencing child abuse prosecutions.

The question being "Shall HB 1238 pass as amended?"

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Gray; Katus

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 1239: FOR AN ACT ENTITLED, An Act to permit persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing and to declare an emergency.

The question being "Shall HB 1239 pass?"

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.

Excused:
Gray; Katus

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

REPORT OF STANDING COMMITTEE

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 6, 10, 14, 15, 18, 31, 32, 41, 42, 45, 82, 88, 100, 140, 155, and 199 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

There being no objection, the Senate proceeded to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1064 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1064 be amended as follows:

1064rb

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

"Section 1.That § 22-22A-3 be amended to read as follows:

22-22A-3. Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either :

(1) ~~Is at least sixteen but less than eighteen years of age; and~~

~~(2) Is either:~~

~~(a)~~ The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or

Section 2. That chapter 22-22A be amended by adding thereto a NEW SECTION to read as follows:

Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

(1) The licensed foster care provider; or

(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

Aggravated incest is a Class 3 felony."

Respectfully submitted,     Respectfully submitted,
Joni Cutler                        Gene Abdallah
House Committee Chair                Senate Committee Chair

     There being no objection, the Senate proceeded to Order of Business No. 7.

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1245 and 1255.

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1293 and has appointed Reps. Brunner, Hargens, and Howie 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 announced as such committee Sens. Lintz, Tom Hansen, and Gary Hanson.

I have the honor to transmit herewith HCR 1007 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

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

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Supporting the establishment of USDA- inspected horse processing plants in the State of South Dakota.

Was read the first time.

Sen. McNenny moved that the committee referral of HCR 1007 be waived and HCR 1007 be placed on the calendar of Friday, February 22, the 29^th legislative day.

The President publicly read the title to

SIGNING OF BILLS

SB 6: FOR AN ACT ENTITLED, An Act to revise certain provisions to allow the transfer of ownership of an application to appropriate water.

SB 10: FOR AN ACT ENTITLED, An Act to include Dakota and Nakota with certain requirements for instruction in the Lakota language.

SB 14: FOR AN ACT ENTITLED, An Act to extend the time allowed to request a hearing or pay an audit assessment.

SB 15: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding an electronic vehicle title.

SB 18: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

SB 31: FOR AN ACT ENTITLED, An Act to provide for certification of chiropractic assistants.

SB 32: FOR AN ACT ENTITLED, An Act to establish a separate licensure category for vacation home establishments and to require vacation home establishments to meet minimum fire safety standards.

SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of public storage warehouses.

SB 42: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the regulation of public warehouses by the Public Utilities Commission.

SB 45: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of public grain warehouses, to establish a grain warehouse fund, and to make a continuous appropriation from that fund.

SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the accumulation of funds by counties for capital outlay purposes.

SB 88: FOR AN ACT ENTITLED, An Act to require abortion facilities to offer sonograms to pregnant women under certain circumstances.

SB 100: FOR AN ACT ENTITLED, An Act to revise the definition of certain public entities that are prohibited from making political campaign contributions.

SB 140: FOR AN ACT ENTITLED, An Act to revise the application requirements for property tax exemptions provided for dwellings owned and occupied by disabled veterans.

SB 155: FOR AN ACT ENTITLED, An Act to provide state aid to education to certain school districts for certain students.

SB 199: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings.

HJR 1001: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain provisions of the State Constitution relating to corporations.

HJR 1004: A JOINT RESOLUTION, To propose a constitutional amendment to provide for a maximum of forty legislative days each year.

HB 1090: FOR AN ACT ENTITLED, An Act to require that most records and applications regarding a child reference the names and addresses of both parents.

HB 1113: FOR AN ACT ENTITLED, An Act to provide minimum notice requirements to persons who lease real property for their own mobile or manufactured homes.

HB 1115: FOR AN ACT ENTITLED, An Act to continue to appropriate funds to provide cochlear implants to certain children.

HB 1139: FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

HB 1142: FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain municipalities.

HB 1148: FOR AN ACT ENTITLED, An Act to exempt the land application of certain solid waste used for irrigation purposes from requirements related to large-scale solid waste facilities.

HB 1203: FOR AN ACT ENTITLED, An Act to provide for the sale or consumption of alcoholic beverages upon property adjoining licensed premises.

HB 1210: FOR AN ACT ENTITLED, An Act to prohibit recyclers, scrap metal dealers, or scrap yard operators from purchasing certain beer kegs.

HB 1241: FOR AN ACT ENTITLED, An Act to provide licensed dealers additional time to deliver a title under certain conditions and to authorize the establishment of a transaction fee for certain online access to the title and registration system.

HB 1277: FOR AN ACT ENTITLED, An Act to make appropriations from the general fund, the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, to revise the state water plan, and to declare an emergency.

HB 1288: FOR AN ACT ENTITLED, An Act to allow any school district that qualifies for both the declining enrollment allowance and the growing enrollment payment in the same fiscal year to only benefit from the one that provides the most additional funding to the district.

And signed the same in the presence of the Senate.

Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:00 p.m. on Friday, February 22, the 29^th legislative day.