JOURNAL OF THE SENATE

---

TWENTY-EIGHTH DAY

---

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 19, 1999

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Gerry King, followed by the Pledge of Allegiance led by Senate page Garrett Bruening.

     Roll Call: All members present except Sens. Jim Dunn and Valandra who were excused.

MADAM PRESIDENT:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD HALVERSON, Chair

     Which motion prevailed and the report was adopted.

---

February 19, 1999

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 25 and 94, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

January 9, 1999

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Nettie H. Myers, Hughes County, Pierre, South Dakota, Secretary of the Department of Environment and Natural Resources.

    This appointment is effective January 9, 1999, and shall continue at the pleasure of the Governor.

Sincerely,
William J. Janklow
GOVERNOR

    The President referred the appointment to the Committee on State Affairs.

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 32 and 98 were delivered to his Excellency, the Governor, for his approval at 11:07 a.m., February 19, 1999.

---

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 131, 175, and 214 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1033 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration HJR 1007 and HB 1266 and returns the same with the recommendation that said resolution and bill do pass.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1098 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1279 and returns the same with the recommendation that said bill do pass.

---

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1102 and 1208 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 Judiciary respectfully reports that it has had under consideration HB 1003 and returns the same with the recommendation that said bill be amended as follows:

r-1003b

     On page 1 , line 6 of the House engrossed bill , delete " shall " and insert " may " .

     On page 1 , line 7 , delete " governmental subdivision " and insert " appellant " .

     On page 1 , line 8 , delete " governmental subdivision " and insert " appellant " .

     On page 1 , line 13 , delete " by any governmental subdivision " and insert " against any appellant " .

     On page 1 , line 14 , delete " governmental subdivision " and insert " appellant " .

M-1003b

     On page 2 , after line 1 of the House engrossed bill , insert:

"      Section 3. That chapter 10-38 be amended by adding thereto a NEW SECTION to read as follows:

     The sixth judicial circuit court may award reasonable attorneys' fees, in an action brought to court pursuant to chapter 10-38 against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, equalization, or distribution.

     Section 4. That chapter 10-38 be amended by adding thereto a NEW SECTION to read as follows:

     On motion, the Supreme Court may award reasonable attorneys' fees in an action brought to the Supreme Court pursuant to chapter 10-38 against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, equalization, or distribution. The motion shall be accompanied by counsel's verified itemized statement of costs incurred and legal services rendered. No award for attorney's fees may be made for or against the State of South Dakota in the Supreme Court. "

---

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1101 which was deferred to the 41st legislative day.

Respectfully submitted,
Fred Whiting, Chair

MADAM PRESIDENT:

    I have the honor to return herewith SB 131, 175, and 214 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1138, 1163, 1287, 1298, and 1301 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

    SENATE PAGE RESOLUTION 3: Introduced by: Senators Albers, Benson, Bogue, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Moore, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Valandra, Vitter, and Whiting

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- fourth Legislature of the State of South Dakota to Jessica Aguilar, Julie Brandt, Garrett Bruening, Kathleen Coughlin, Eric Folsland, Jennifer Hoebelheinrich, Jessica Majeres, Paul Rasmussen, Chely Schaffer, Nicole Strand, and Kathleen Vidoloff.

    WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fourth Legislature; and

---

    WHEREAS, the members of the Seventy-fourth Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each on this last day of service.

     Sen. Rounds moved that Senate Page Resolution 3 be adopted.

     The question being on Sen. Rounds' motion that Senate Page Resolution 3 be adopted.

     And the roll being called:

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

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

     Excused were:
Dunn (Jim); Valandra

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

     Sen. Halverson moved that the consideration of the executive appointments on today's calendar be taken on one vote, as on a consent calendar.

     Which motion prevailed.

     The Senate proceeded to the consideration of the executive appointment of Doneen Hollingsworth, of Hughes County, Pierre, South Dakota, as Secretary of the Department of Health.

    The question being "Does the Senate advise and consent to the executive appointment of Doneen Hollingsworth pursuant to the executive message as found on page 491 of the Senate Journal?"

---

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Staggers; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of James W. Ellenbecker, of Hughes County, Pierre, South Dakota, as Secretary of the Department of Social Services.

    The question being "Does the Senate advise and consent to the executive appointment of James W. Ellenbecker pursuant to the executive message as found on page 491 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Staggers; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Ronald W. Wheeler of Hughes County, Pierre, South Dakota, as Secretary of the Department of Transportation.

---

    The question being "Does the Senate advise and consent to the executive appointment of Ronald W. Wheeler pursuant to the executive message as found on page 467 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Staggers; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of John N. Jones, of Hughes County, Pierre, South Dakota, as Secretary of the Department of Human Services.

    The question being "Does the Senate advise and consent to the executive appointment of John N. Jones pursuant to the executive message as found on page 467 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Staggers; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Gary R. Viken of Hughes County, Pierre, South Dakota, as Secretary of the Department of Revenue.

---

    The question being "Does the Senate advise and consent to the executive appointment of Gary R. Viken pursuant to the executive message as found on page 466 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Staggers; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Craig W. Johnson of Hughes County, Pierre, South Dakota, as Secretary of the Department of Labor.

    The question being "Does the Senate advise and consent to the executive appointment of Craig W. Johnson pursuant to the executive message as found on page 466 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Staggers; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Donald J. Goldhorn, Dededo, Guam, as Assistant Adjutant General, Army.

---

    The question being "Does the Senate advise and consent to the executive appointment of Donald J. Goldhorn pursuant to the executive message as found on page 490 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Staggers; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

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

     SCR 9   Introduced by:  Senators Duxbury, Brown (Arnold), Drake, Flowers, Frederick, Lange, Olson, Rounds, and Symens and Representatives Lockner, Brown (Jarvis), Burg, Crisp, Hagen, Haley, and Volesky

A CONCURRENT RESOLUTION,  Urging continued support of the Mid Dakota Rural     Water Project.

     WHEREAS,  the Mid Dakota Rural Water Project provides significant benefits to the people of central South Dakota in the form of a safe, clean, and plentiful water supply suitable for a variety of uses in the region; and

     WHEREAS,  the Mid Dakota Rural Water Project has been developed and maintained through the perseverance and unified efforts of South Dakota's Congressional Delegation: Senator Tom Daschle, Senator Tim Johnson, and Representative John Thune; and

     WHEREAS,  the State of South Dakota has met its commitment by providing approximately $9.6 million to the project funding package; and

     WHEREAS,  South Dakota's Congressional Delegation needs continued support in its efforts to secure additional federal funding for the Mid Dakota Rural Water Project in order to maintain its planned construction schedule:

---

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature strongly supports Senator Tom Daschle, Senator Tim Johnson, and Representative John Thune in their efforts to secure continued federal funding for the completion of the Mid Dakota Rural Water Project and urges the United States Congress to provide the necessary funding in an expeditious manner.

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

     SCR 10   Introduced by:  Senators Lange, Dunn (Rebecca), Kloucek, Symens, and Valandra and Representatives Fischer-Clemens, Hagen, Lockner, McIntyre, and Patterson

A CONCURRENT RESOLUTION,  Requesting the Congress of the United States to pass     legislation to write off the debt of impoverished countries by the end of the year 2000 and     for the President to promote such a policy.

     WHEREAS,  the less developed countries in Latin America, Asia, and Africa owe some $2.3 trillion to other governments and international financial institutions funded by them and acting on their behalf; and

     WHEREAS,  the forty most heavily indebted poor countries of the world, as identified by the World Bank and the International Monetary Fund owe less than one-tenth of the total--about $220 billion to foreign countries; and

     WHEREAS,  it is estimated that these heavily indebted poor countries only owe the United States government approximately $2.9 billion directly in bilateral debt; and

     WHEREAS,  the pressure on the poorest countries to continue paying the accumulated debt of decades is requiring a level of human sacrifice that is morally unacceptable and economically unjust and damaging to the environment because countries are required to shift resources from the safety, health, education, and welfare and development programs of their citizens under this pressure to meet debt payments to wealthier nations; and

     WHEREAS,  policy initiatives by the United States government and others can ease the burden of debt and make an immediate and positive impact on vulnerable humans and their well-being in the most impoverished indebted countries; and

     WHEREAS,  the reality is that a significant amount of the debt of the poorest countries will not and cannot ever be paid and their debt loads are unsustainable and this indebtedness creates a cycle of even more debt because new loans are extended to these poor countries for debt service to cover payments on interest without making any progress on repaying original loans; and

     WHEREAS,  it would benefit the United States government and its taxpayers to relieve debt with policies that increasingly seek a more global economy based on open markets and free trade which also protects the incomes, education, and health of American citizens; and

---

     WHEREAS,  there is a growing movement in congregations, schools, communities, and neighborhoods across the United States to circulate a worldwide petition to obtain twenty-one million signatures urging the cancellation of debt for the world's poorest countries; and

     WHEREAS,  more than forty United States religious and secular groups and denominations have joined together thus far in this movement known as Jubilee 2000/USA as a building force for change and believe that the state of the new millennium should be a time to give effective help to people living in poverty; and

     WHEREAS,  there are themes specifically calling for debt relief that are drawn from Jewish, Christian, Muslim, and other faith traditions; and

     WHEREAS,  the purpose of debt relief is not to make life easier with debt relief for governments, but to make life better for people who are suffering:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Congress of the United States pass legislation directing the United States government to write off the debt of approximately $2.9 billion in bilateral debt owed directly to the United States government by the poorest countries; and

     BE IT FURTHER RESOLVED,  that the Legislature of the State of South Dakota encourages the President of the United States and his administration to call on other creditors and governments to adopt a similar policy for debt reduction and also calls on the President and his administration to use its weight and influence in the International Monetary Fund, the World Bank, and other international institutions to reduce dramatically the multilateral debt of the poorest countries with relief spread over a few years to be barely noticeable, particularly in this time of budget surpluses; and

     BE IT FURTHER RESOLVED,  that the Legislature of the State of South Dakota further encourages both the Congress and the President of the United States to require that four conditions be met from countries scheduled for debt relief: democratization, respect for human rights, military reduction, and a commitment to use the money from debt relief for the needs of ordinary people.

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

     SCR 11   Introduced by:  Senators Kloucek, Flowers, Hutmacher, Lange, Moore, Olson, and Symens and Representatives Chicoine, Cerny, Crisp, Fischer-Clemens, Haley, Klaudt, Koetzle, Kooistra, Lintz, Lockner, Sutton (Daniel), Weber, and Wilson

A CONCURRENT RESOLUTION,  Calling upon the United States Congress and the     Legislatures of Minnesota, South Dakota, Iowa, and Nebraska to take steps to assist     development of producer-owned facilities for meat & grain processing.

     WHEREAS,  there is a long-standing and well-documented need for economic development in the rural communities of the United States and our respective states; and

---

     WHEREAS,  the most sensible form of economic development is that which utilizes the existing resources of the local area where the development is to take place; and

     WHEREAS,  the independent family farmers of our respective states and the United States are in need of additional outlets for the produce of their farms; and

     WHEREAS,  there has been a demonstrated and well-documented reduction in the livestock processing capacity of the United States; and

     WHEREAS,  we can best assure that livestock and grain processing facilities will remain open and operating in our states by providing for local ownership of those facilities:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature calls upon the Congress of the United States and the Legislatures of Minnesota, Iowa, and Nebraska to enact legislation permitting the development of farmer- owned livestock and grain processing and storage facilities to be located in the rural communities of the Midwest; assisting the development of such facilities through low-interest loans, appropriate tax relief, and any necessary changes in state or federal laws to permit interstate sales and transportation of the products of these processing facilities; providing a system of financial assistance for the marketing of the products of farmer-owned processing facilities; and assisting the development of marketing strategies that focus on the wholesomeness, health benefits, and environmental benefits of meat and grain products raised by independent family farmers and prepared for retail sale by family-owned processing facilities.

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

     SCR 12   Introduced by:  Senators Kloucek, Dunn (Rebecca), Flowers, Frederick, Lange, Reedy, and Symens and Representatives Kooistra, Brown (Jarvis), Chicoine, Crisp, Davis, Fischer-Clemens, Haley, Klaudt, Koehn, Koetzle, Lintz, Lockner, Sebert, Sutton (Daniel), Weber, and Wilson

A CONCURRENT RESOLUTION,  Requesting the United States Congress and certain federal     agencies to require reflectors on interstate railroad cars.

     WHEREAS,  numerous accidents causing fatalities or serious injuries in South Dakota and throughout the nation have resulted from the inability of motor vehicle drivers to see moving or stationary railroad engines and cars at unlighted, rural railroad crossings; and

     WHEREAS,  the use of reflective devices or materials on the sides of stationary or moving railroad engines and cars would greatly increase their nighttime visibility to motor vehicle drivers; and

     WHEREAS,  the State of South Dakota is powerless to require such reflectors since these railroad engines and cars are involved in interstate commerce and are not subject to regulation by state law; and

---

     WHEREAS,  this problem has existed for a number of years and has not been resolved despite previous requests of the Legislature to the United States Congress and the appropriate federal agencies to require reflectors on railroad engines and cars; and

     WHEREAS,  South Dakota Senator Tim Johnson has introduced legislation to address the safety issues related to visibility of railroad engines and cars; and

     WHEREAS,  this problem needs immediate attention to save lives and prevent serious injuries:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature request that the United States Congress, the United States Department of Transportation, and the Surface Transportation Board take immediate action to require that reflective devices or materials be used on all railroad engines and cars involved in interstate commerce.

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

     SCR 13   Introduced by:  Senators Kloucek, Dennert, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Lange, Olson, Reedy, and Symens and Representatives Chicoine, Crisp, Davis, Fischer-Clemens, Haley, Klaudt, Koehn, Koetzle, Kooistra, Lockner, Sutton (Daniel), Weber, and Wetz

A CONCURRENT RESOLUTION,  Requesting the federal government to honor certain state     meat inspections in interstate commerce.

     WHEREAS,  South Dakota's state meat inspection program has an excellent safety record indicating that the meat slaughtered and processed in South Dakota under state inspection is wholesome and safe for human consumption; and

     WHEREAS,  state meat inspection programs are flexible and can tailor their activities to provide services to small, local meat processors that cannot be duplicated by the federal inspection program because of its size and complexity and because of the lengthy time period needed for the federal bureaucracy to respond; and

     WHEREAS,  federal law prohibits products that are inspected solely by a state inspection program from entering interstate commerce and being sold across state lines, a situation that inhibits economic development and value-added agricultural activities in this nation's agricultural sector; and

     WHEREAS,  obtaining federal meat inspection can be a costly and time-consuming process for a small-scale, local processor or locker or for a small plant that produces "ethnic meat products" or other specialty products. Under current law, many of these small-scale operations operate under state inspection and consequently are not allowed to ship their products across state lines; and

---

     WHEREAS,  the current system results in a number of inconsistencies that are unfair to small-scale processors. For example, imported foreign meats are federally inspected but under oversight that is less stringent than in state inspection programs, while other types of state- inspected specialty meats, such as ostrich, deer, and bison are allowed in interstate commerce even though they are not federally regulated; and

     WHEREAS,  the current meat inspection system is inequitable in many ways for small-scale, local meat processors and could be significantly improved and made more efficient by allowing state-inspected meat products to enter interstate commerce:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the United States Congress and the United States Department of Agriculture to revise federal policy and federal law to authorize state-inspected meat to enter interstate commerce, particularly in situations involving small-scale, local meat processors.

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

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

     Transportation on SB 59 as found on page 536 of the Senate Journal; also

     Transportation on SB 101 as found on page 536 of the Senate Journal; also

     Education on SB 208 as found on page 552 of the Senate Journal; also

     State Affairs on SB 210 as found on page 540 of the Senate Journal; also

     Appropriations on HB 1076 as found on page 536 of the Senate Journal; also

     Transportation on HB 1116 as found on page 539 of the Senate Journal; also

     Transportation on HB 1176 as found on page 539 of the Senate Journal; also

     Commerce on HB 1177 as found on page 540 of the Senate Journal; also

     Education on HB 1186 as found on page 554 of the Senate Journal; also

     Commerce on HB 1271 as found on page 539 of the Senate Journal; also

     State Affairs on HB 1297 as found on page 550 of the Senate Journal; also

     State Affairs on HCR 1002 as found on page 550 of the Senate Journal be adopted.

---

     Which motion prevailed and the reports were adopted.

     The President introduced Nicole Strand, Lemmon, South Dakota High School Rodeo Association Queen, who is also currently serving as a Senate Page. She was escorted to the rostrum by Sen. Bogue.

     Sen. Staggers requested that HB 1095 be removed from the Consent Calendar.

     HB 1143:   FOR AN ACT ENTITLED, An Act to   permit municipalities and school districts to open their polling places earlier.

     Was read the second time.

     The question being "Shall HB 1143 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Bogue; Dunn (Jim); Valandra

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

     HB 1196:   FOR AN ACT ENTITLED, An Act to   allow the investment council to invest certain public funds and to restrict the investment of certain public funds.

     Was read the second time.

     The question being "Shall HB 1196 pass as amended?"

---

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Bogue; Dunn (Jim); Valandra

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

     HB 1288:   FOR AN ACT ENTITLED, An Act to   revise certain time frames for election procedures that follow an election.

     Was read the second time.

     The question being "Shall HB 1288 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Bogue; Dunn (Jim); Valandra

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

    HCR 1007:   A CONCURRENT RESOLUTION,   Requesting federal legislation that prohibits the federal government from recouping any of the state tobacco settlement funds.

    Was read the second time.

     The question being "Shall HCR 1007 as found on page 347 of the House Journal be concurred in?"

---

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Bogue; Dunn (Jim); Valandra

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared HCR 1007 was concurred in.

     SB 203:   FOR AN ACT ENTITLED, An Act to   enact the Uniform Prudent Investor Act.

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

     Sen. Everist moved that SB 203 be laid on the table.

     The question being on Sen. Everist's motion that SB 203 be laid on the table.

     And the roll being called:

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

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

     Excused were:
Dunn (Jim); Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 203 was laid on the table.

---

     SB 59:   FOR AN ACT ENTITLED, An Act to   authorize the examination and use of commercial vehicle weigh scale tickets in the enforcement of vehicle weight restrictions and to revise certain provisions regarding penalties for violations of such restrictions.

     Was read the second time.

r-59

     Sen. Halverson moved that SB 59 be further amended as follows:

     On page 2 , delete lines 11 to 13 of the Senate Transportation committee engrossed bill , inclusive , and insert:

"     The driver of any vehicle and any person who directly supervises the loading of the vehicle are jointly and severally liable for the payment of any civil penalty provided by law for a violation of chapter 32-22, if such person or driver knew the hauling of the shipment was in violation of chapter 32-22. "

     Which motion prevailed and the bill was so amended.

j-59

     Sen. Benson moved that SB 59 be further amended as follows:

     On page 2 of the Senate Transportation committee engrossed bill , delete lines 3 to 8 , inclusive .

     Which motion prevailed and the bill was so amended.

     The question now being "Shall SB 59 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent and Not Voting 0

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

     Nays were:
Hutmacher; Kloucek; Staggers

     Excused were:
Dunn (Jim); Valandra

---

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

     SB 89:   FOR AN ACT ENTITLED, An Act to   clarify average daily membership in the state aid to education formula.

     Was read the second time.

     The question being "Shall SB 89 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

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

     Nays were:
Albers

     Excused were:
Dunn (Jim); Valandra

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

     SB 101:   FOR AN ACT ENTITLED, An Act to   revise the formula for assigning assessed railroad valuation to counties.

     Was read the second time.

     The question being "Shall SB 101 pass as amended?"

     And the roll being called:

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

     Yeas were:
Bogue; Brosz; Dennert; Drake; Dunn (Rebecca); Duxbury; Flowers; Halverson; Hutmacher; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Staggers; Symens

---

     Nays were:
Albers; Benson; Brown (Arnold); Daugaard; Everist; Frederick; Hainje; Ham; Kleven; Kloucek; Madden; Rounds; Shoener; Vitter; Whiting

     Excused were:
Dunn (Jim); Valandra

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

     SB 164:   FOR AN ACT ENTITLED, An Act to   regulate certain livestock packer transactions.

     Was read the second time.

t-164c

     Sen. Drake moved that SB 164 be further amended as follows:

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

"      Section  1.  The Legislature finds that the enforcement of the federal Packers and Stockyards Act is inadequate and that this trend has intensified under the administration of President William Clinton and United States Secretary of Agriculture Dan Glickman. The failure to enforce the federal Packers and Stockyards Act has resulted in the vast majority of beef in the United States being concentrated in the hands of a small number of packing firms and has restricted fair competition for livestock producers. The only recourse for the State of South Dakota is to enact appropriate provisions for the regulation of packers as provided in section 2 of this Act to protect South Dakota citizens who are directly or indirectly associated with the state's agricultural economy.

     Section  2.  No packer, with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, and no live poultry dealer with respect to live poultry, may:

             (1)    Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device;

             (2)    Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever;

             (3)    Sell or otherwise transfer to or for any other packer or any live poultry dealer, or buy or otherwise receive from or for any other packer or any live poultry dealer, any article for the purpose or with the effect of apportioning the supply between any such persons, if the apportionment has the tendency or effect of restraining commerce or of creating a monopoly;

---

             (4)    Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;

             (5)    Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;

             (6)    Conspire, combine, agree, or arrange with any other person to apportion territory for carrying on business, or to apportion purchases or sales of any article, or to manipulate or control prices; or

             (7)    Conspire, combine, agree, or arrange with any other person to do, or aid and abet the doing of, any act made unlawful by subdivisions (1) to (5), inclusive, of this section. "

     Sen. Frederick moved that Sen. Drake's motion to further amend SB 164 be amended as follows:

    In Section 1, line 2, after "intensified" delete "under the administration of President William Clinton and United States Secretary of Agriculture Dan Glickman" and insert "in recent years".

     Which motion prevailed and Sen. Drake's pending motion to further amend SB 164 was so amended.

    The question now being on Sen. Drake's motion as amended to further amend SB 164 as amended.

    Which motion prevailed and the bill was so amended.

     The question now being "Shall SB 164 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

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

     Nays were:
Staggers

---

     Excused were:
Dunn (Jim); Valandra

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

     The question being on the title.

     Sen. Drake moved that the title to SB 164 be amended as follows:

     On page 1 , line 1 of the Senate Appropriations committee engrossed bill , delete everything after " to " and insert " prohibit certain practices by certain livestock packers and live poultry dealers. "

     Which motion prevailed and the title was so amended.

     SB 208:   FOR AN ACT ENTITLED, An Act to   create the Postsecondary Education Advance Payment Plan Task Force.

     Was read the second time.

     The question being "Shall SB 208 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Benson; Bogue; Hainje; Paisley; Rounds; Shoener; Vitter; Whiting

     Excused were:
Dunn (Jim); Valandra

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

     SB 210:   FOR AN ACT ENTITLED, An Act to   provide mandatory prison sentences for certain violations regarding controlled substances and marijuana, to provide for certain rewards, and to make an appropriation for such rewards.

---

     Was read the second time.

o-210a

     Sen. Everist moved that SB 210 be further amended as follows:

     On page 1 , line 7 of the Senate State Affairs committee engrossed bill , after " convicted of a " insert " second " .

     On page 1 , line 10 , delete " ten " and insert " thirty " .

     On page 1 , line 11 , after " 22-42-2.3. " insert " Any person convicted of a third or subsequent violation of the provisions enumerated herein shall, in addition to any other penalties, be remanded to the custody of the Department of Corrections for a period of sixty days, no part of which may be waived or suspended except as provided in §  22-42-2.3. Any person remanded to the custody of the department under this section shall immediately after sentencing be transported by the department without delay to an assigned facility for service of the person's sentence. "

     On page 2 , line 7 , delete " an " .

     On page 2 , line 7 , delete " ten-day " .

     On page 2 , line 11 , delete " ten " and insert " thirty " .

     On page 3 , line 11 , delete everything after " . " and insert " If the proceedings involve a second adjudication for the unlawful possession or distribution of marijuana or a controlled substance, the court shall include as a condition of probation that the child be committed to the Department of Corrections for a period of not less than thirty days, which may not be suspended except as otherwise provided. If the proceedings involve a third or subsequent adjudication for the unlawful possession or distribution of marijuana or a controlled substance, the court shall include as a condition of probation that the child be committed to the Department of Corrections for a period of not less than sixty days, which may not be suspended except as otherwise provided. Any juvenile committed to the custody of the department under this section shall immediately upon adjudication be transported by the department without delay to an assigned facility for service of their commitment. The adjudicating court may impose a sentence other than that which is required by §  26-8C-4 if the court finds that mitigating circumstances exist which require departure from the mandatory sentence. The court's finding of mitigating circumstances and the factual basis therefore shall be in writing and filed with the clerk of courts. " .

     On page 3 , delete lines 12 to 16 , inclusive .

     On page 3 , line 17 , delete everything before " A " .

     On page 4 , delete line 25 , and insert:

---

"     If a child has been adjudicated as a delinquent child for a second violation of a state law prohibiting the unlawful possession or distribution of marijuana or a controlled drug or substance, the court shall enter a decree of disposition committing the child to the Department of Corrections for a period of not less than thirty days. If the child has been adjudicated as a delinquent child for a third or subsequent violation of a state law prohibiting the unlawful possession or distribution of marijuana or a controlled substance, the court shall enter a decree of disposition committing the child to the Department of Corrections for a period of not less than sixty days. Any juvenile committed to the custody of the department under this section shall immediately upon adjudication be transported by the department without delay to an assigned facility for service of their commitment. The adjudicating court may impose a sentence other than that which is required by §  26-8C-4 if the court finds that mitigating circumstances exist which require departure from the mandatory sentence. The court's finding of mitigating circumstances and the factual basis therefore shall be in writing and filed with the clerk of courts. "

     On page 5 , delete lines 1 to 9 , inclusive .

     Sen. Olson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Everist's motion that SB 210 be further amended.

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent and Not Voting 0

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

     Nays were:
Albers; Halverson; Madden; Rounds; Shoener; Vitter

     Excused were:
Dunn (Jim); Valandra

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and the bill was so amended.

o-210d

     Sen. Hutmacher moved that SB 210 be further amended as follows:

     On page 5 , after line 21 of the Senate State Affairs committee engrossed bill , insert:

---

"     Section 13. The state shall reimburse the counties for any indigent defense costs associated with the enforcement of this Act. The reimbursement shall be paid out of funds appropriated to the Office of the Governor for that purpose. "

     Sen. Halverson moved that Sen. Hutmacher's motion to further amend SB 210 be laid on the table.

     Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Hutmacher's motion that SB 210 be further amended be laid on the table.

     And the roll being called:

     Yeas 20, Nays 12, Excused 3, Absent and Not Voting 0

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

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

     Excused were:
Dunn (Jim); Valandra; Vitter

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Hutmacher's motion that SB 210 be further amended was laid on the table.

o-210e

     Sen. Hutmacher moved that SB 210 be further amended as follows:

     On page 5 , line 17 , delete " general " and insert " drug control " .

     Which motion prevailed and the bill was so amended.

     Sen. Olson moved the previous question.

     Which motion prevailed.

---

     The question now being "Shall SB 210 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 11, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Lawler; Madden; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Benson; Bogue; Dennert; Duxbury; Flowers; Hutmacher; Kloucek; Lange; Moore; Reedy; Symens

     Excused were:
Dunn (Jim); Valandra

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

     Sen. Rounds moved that SB 210 be immediately reconsidered.

     The question being on Sen. Rounds' motion to reconsider the vote by which SB 210 was lost.

     And the roll being called:

     Yeas 22, Nays 11, Excused 2, Absent and Not Voting 0

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

     Nays were:
Dennert; Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens

     Excused were:
Dunn (Jim); Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 210 was up for immediate reconsideration and final passage.

---

     SB 210:   FOR AN ACT ENTITLED, An Act to   provide mandatory prison sentences for certain violations regarding controlled substances and marijuana, to provide for certain rewards, and to make an appropriation for such rewards.

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

o-210b

     Sen. Rounds moved that SB 210 be further amended as follows:

     On page 5 of the Senate State Affairs committee engrossed bill , delete Sections 10, 11, and 12.

    Sen. Hutmacher moved that the Senate do now adjourn.

    A roll call vote was requested and supported.

     The question being on Sen. Hutmacher's motion that the Senate do now adjourn.

     And the roll being called:

     Yeas 10, Nays 23, Excused 2, Absent and Not Voting 0

     Yeas were:
Dennert; Duxbury; Flowers; Hutmacher; Kloucek; Lange; Moore; Olson; Reedy; Symens

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

     Excused were:
Dunn (Jim); Valandra

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

     Sen. Frederick moved the previous question.

    The question being on Sen. Rounds' pending motion that SB 210 be further amended.

     Which motion prevailed and the bill was so amended.

     Sen. Halverson moved the previous question.

     Which motion prevailed.

---

     The question now being "Shall SB 210 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

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

     Nays were:
Flowers; Hutmacher; Kloucek; Moore

     Excused were:
Dunn (Jim); Valandra

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

     The question being on the title.

     Sen. Rounds moved that the title to SB 210 be amended as follows:

     On page 1 , line 2 of the Senate State Affairs committee engrossed bill , delete " , to provide for certain rewards, and to make " and insert " . "

    On page 1, delete line 3.

     Which motion prevailed and the title was so amended.

     Sen. Kloucek announced his intention to dissent against SB 210 pursuant to Joint Rule 1- 10.

     Sen. Rounds moved that HB 1144 and 1258 and HJR 1005 be deferred until Monday, February 22, the 29th legislative day.

     Which motion prevailed and the bills and resolution were so deferred.

     The President publicly read the title to

     SB 131: FOR AN ACT ENTITLED, An Act to  revise the rate of reimbursement to the county for certain parole violator detention expenses.

---

     SB 175: FOR AN ACT ENTITLED, An Act to  establish a uniform fee for filing or indexing instruments with the register of deeds office and eliminate the fee for a satisfaction or termination of certain instruments.

     SB 214: FOR AN ACT ENTITLED, An Act to  provide for the liability of certain prisoners confined to jail for the costs of confinement and to provide a lien therefor.

     HB 1014: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the regulation, inspection, and transportation of livestock.

     HB 1128: FOR AN ACT ENTITLED, An Act to  authorize the Banking Commission to establish rules regulating bank borrowings.

     HB 1142: FOR AN ACT ENTITLED, An Act to  permit an increased proportion of a bank's stock and surplus to be invested in the value of the premises.

     HB 1255: FOR AN ACT ENTITLED, An Act to  revise certain provisions to require the offer of alcohol coverage under certain insurance policies.

     HB 1256: FOR AN ACT ENTITLED, An Act to  revise certain provisions to limit the cancellation of certain insurance policies.

     And signed the same in the presence of the Senate.

     Sen. Halverson moved that the Senate do now adjourn, which motion prevailed, and at 3:38 p.m. the Senate adjourned.