The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Erin Brown.

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

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

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

     And we hereby move the adoption of the report.

    The Committee on State Affairs respectfully reports that it has had under consideration HCR 1014 and returns the same with the recommendation that said resolution be concurred in.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 10 and HB 1180 and returns the same with the recommendation that said resolution be adopted and said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:

    " (6)    In addition to the investments authorized by subdivisions (1) to (5) of this section,         inclusive, the investment council may also allocate a sum certain of state public funds         for investment in the accounts and certificates of South Dakota banks and associations.         This sum shall initially be offered to South Dakota banks and associations, and if not         initially fully subscribed, the investment officer shall immediately reoffer the         unsubscribed sum to other qualified public depositories defined by subdivision 4-6A-         1(7). "

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1144 and returns the same with the recommendation that said bill be amended as follows:

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1250 and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. That § 41-10-9 be amended to read as follows:

     41-10-9.   Game which may be hunted under this chapter shall be mallard ducks, are pheasants, quail, partridges, and turkey , and such other species of game as the game, fish and parks commission may add. The commission may exclude mallard ducks from the list of permitted species for any period of time and without advance notice provided such action is deemed necessary to protect such species . "

     "Section 2. That § 41-9-1.1 be amended to read as follows:

     41-9-1.1.   Except for controlled access facilities as defined in §   31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, §   41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of §   41-9-1.3. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purposes of hunting defined in this title within six hundred sixty feet of an occupied dwelling, a church, schoolhouse, or livestock. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, church, or schoolhouse for which such distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction.

     Section 3. That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1008 and tabled the same.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1111 which was deferred to the 41^st Legislative Day.

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1043 and 1201.

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
de Hueck; Koetzle

     Excused:
Apa; Hagen

     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:
Hagen

     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.

    "Section 1. The Department of Corrections shall seek American Correction Association accreditation for all juvenile correctional facilities operated by the State of South Dakota. The Department of Corrections shall apply for application status by entering into a contractual agreement with the American Correctional Association. The agreement shall specify the applicable standards manual and the required fees.

     Section 2. The Department of Corrections shall complete a report of the results of the accreditation hearing including costs of mandatory and nonmandatory standard compliance and forward the report to the Government Operations and Audit Committee created in §  2-6-2 when the American Correctional Association has made its recommendations.

     Excused:
Hagen

     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.

"charged is a second , third or subsequent offense. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of §  32-23-1, and occurring within ten years prior to the date of the violation being charged, may be used to determine if the violation being charged is a third or subsequent offense."

     And the roll being called:

     Yeas 15, Nays 18, Excused 2, Absent 0

     Yeas:
Apa; Bogue; de Hueck; Dennert; Diedrich (Larry); Drake; Duxbury; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Reedy; Sutton (Dan)

     Nays:
Albers; Brosz; Brown (Arnold); Daugaard; Diedtrich (Elmer); Greenfield; Hainje; Ham; Koskan; McCracken; Munson; Olson (Ed); Putnam; Staggers; Symens; Vitter; Volesky; Whiting

     Excused:
Everist; Hagen

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

     Was read the second time.

    "Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

     Was read the second time.

     Excused:
Brosz; Hagen; Olson (Ed)

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

    "Section 1. There is hereby appropriated from the general fund the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs for a one-time grant to Black Hills Forest High School as payment in lieu of average daily membership support via state aid to education.

     Section 2. The secretary of the Department of Education and Cultural Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2002, shall revert in accordance with §   4-8-21."

     HB 1291: FOR AN ACT ENTITLED, An Act to  provide for additional compensation for teachers providing teaching services using the Digital Dakota Network.

     And signed the same in the presence of the Senate.