JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



THIRTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 1, 2001

     The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by Senate page Sarah Rost.

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

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-sixth 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,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF CONFERENCE COMMITTEES

MADAM PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1079 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1079 be amended as follows:

     On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 8 and 9 .

Respectfully submitted,                         Respectfully submitted,
Christopher W. Madsen
Matt McCaulley                                Patricia de Hueck
Julie Bartling                                    Gil Koetzle
House Committee                                Senate Committee

     Sen. Everist moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 9:20 a.m., the Senate recessed.

RECESS


     The Senate reconvened at 1:00 p.m., the President presiding.

REPORTS OF CONFERENCE COMMITTEES
(continued)

MADAM PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1202 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments to HB 1202 and that no new committee be appointed.

Respectfully submitted,                         Respectfully submitted,
Matt McCaulley                                Barbara Everist
Christopher W. Madsen                        Dick Hainje
Julie Bartling                                    John J. Reedy
House Committee                                Senate Committee


MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 14, 52, 58, 153, 165, 204, 225, 229, 239, and 245 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1003, 1024, 1045, 1068, 1106, 1144, 1203, 1218, 1247, 1253, and 1295.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in SCR 10.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1026 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Pursuant to Joint Rule 12-4, Sen. Ed Olson moved that his vote on HB 1230 which was recorded erroneously on Monday, February 26, the 34th legislative day, as "Nay" be changed to "Excused".

     The question being on Sen. Olson's motion that his vote on HB 1230 which was recorded erroneously on Monday, February 26, the 34th legislative day, as "Nay" be changed to "Excused".

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Hagen

     So the motion having received an affirmative unanimous vote of the members present, the President declared the motion carried.

     HCR 1026:   A CONCURRENT RESOLUTION,   Urging South Dakota's United States Senators and Representative to authorize and appropriate funds to support the expansion of utility and roadway infrastructure in conjunction with the construction of Interstate Highway 90, Exit 67 and the arterial road servicing Ellsworth Air Force Base and the City of Box Elder, South Dakota.

     Was read the first time and the President waived the referral to committee.

     Sen. Larry Diedrich moved that the Senate do concur in House amendments to SB 27.

     The question being on Sen. Diedrich's motion that the Senate do concur in House amendments to SB 27.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Hagen; Hutmacher; Putnam

     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.

     Sen. Everist moved that the Senate do concur in House amendments to SB 53.

     The question being on Sen. Everist's motion that the Senate do concur in House amendments to SB 53.


     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Hagen

     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. Drake moved that the Senate do concur in House amendments to SB 60.

     The question being on Sen. Drake's motion that the Senate do concur in House amendments to SB 60.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen

     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.

     Sen. Vitter moved that the Senate do concur in House amendments to SB 125.

     The question being on Sen. Vitter's motion that the Senate do concur in House amendments to SB 125.

     And the roll being called:


     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Bogue; Greenfield; Koetzle

     Excused:
Hagen

     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. Vitter moved that the Senate do concur in House amendments to SB 144.

     The question being on Sen. Vitter's motion that the Senate do concur in House amendments to SB 144.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen

     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. Arnold Brown moved that the Senate do concur in House amendments to SB 160.

     The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 160.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen; Whiting

     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. Bogue moved that the Senate do concur in House amendments to SB 186.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 186.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Duxbury; Hagen

     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. Drake moved that the Senate do concur in House amendments to SB 223.

     The question being on Sen. Drake's motion that the Senate do concur in House amendments to SB 223.

     And the roll being called:


     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
de Hueck; Hagen

     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.

     Sen. Everist moved that the Senate do not concur in House amendments to SB 226 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Sen. Hutmacher moved as a substitute motion that the Senate do not concur in House amendments to SB 226 and that no committee be appointed.

     Sen. Drake moved that Sen. Hutmacher's substitute motion that the Senate do not concur in House amendments to SB 226 and that no committee be appointed be laid on the table.

    Sen. Moore requested a roll call vote.

    Which request was supported.

     The question being on Sen. Drake's motion that Sen. Hutmacher's substitute motion that the Senate do not concur in House amendments to SB 226 and that no committee be appointed be laid on the table.

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent 0

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

     Nays:
Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

     Excused:
Hagen

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

     The question now being on Sen. Everist's motion that the Senate do not concur in House amendments to SB 226 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Arnold Brown, and Duxbury.


      Sen. Dan Sutton moved that the Senate do concur in House amendments to SB 234.

     The question being on Sen. Sutton's motion that the Senate do concur in House amendments to SB 234.

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Diedrich (Larry); Koskan; Staggers

     Excused:
Hagen

     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. Symens moved that the Senate do concur in House amendments to SB 253.

     The question being on Sen. Symens' motion that the Senate do concur in House amendments to SB 253.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen

     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.

     HCR 1024:   A CONCURRENT RESOLUTION,   In support of the use of biodiesel fuel.

    Was read the second time.

     Sen. Symens moved that HCR 1024 as found on page 726 of the House Journal be concurred in.

     The question being on Sen. Symens' motion that HCR 1024 be concurred in.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Hagen; Moore; Olson (Ed)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1024 was concurred in.

     HCR 1025:   A CONCURRENT RESOLUTION,   Requesting that the Governor of the State of South Dakota, along with the Legislature, continue to take appropriate fire prevention measures to address the catastrophic fire risk that exists on the federally-held national forests and state lands of South Dakota.


    Was read the second time.

     Sen. Kleven moved that HCR 1025 as found on page 727 of the House Journal be concurred in.

     The question being on Sen. Kleven's motion that HCR 1025 be concurred in.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Moore

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1025 was concurred in.

     Sen. Everist moved that SB 14 be placed to follow SB 245 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Sen. Drake moved that the Senate do concur in House amendments to SB 52.

     The question being on Sen. Drake's motion that the Senate do concur in House amendments to SB 52.

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
de Hueck; Staggers

     Excused:
Hagen; Moore

     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. Munson moved that the Senate do concur in House amendments to SB 58.

     The question being on Sen. Munson's motion that the Senate do concur in House amendments to SB 58.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Koetzle; Staggers

     Excused:
Hagen

     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.

     Sen. Ed Olson moved that the Senate do not concur in House amendments to SB 153 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Larry Diedrich, and Hutmacher.

     Sen. Koskan moved that the Senate do concur in House amendments to SB 165.

     The question being on Sen. Koskan's motion that the Senate do concur in House amendments to SB 165.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0


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

     Excused:
Hagen

     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. Volesky moved that the Senate do concur in House amendments to SB 204.

     The question being on Sen. Volesky's motion that the Senate do concur in House amendments to SB 204.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Greenfield

     Excused:
Everist; Hagen

     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. Hainje moved that SB 225 be placed to follow SB 14 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Sen. McCracken moved that the Senate do not concur in House amendments to SB 229 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, McCracken, and Koetzle.

     Sen. Hainje moved that SB 239 be placed to follow SB 225 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Sen. Arnold Brown moved that the Senate do concur in House amendments to SB 245.

     The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 245.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Hagen

     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. Everist announced her intention to reconsider the vote by which the House amendments to SB 245 were concurred in.

     Sen. Everist moved that the Senate do now reconsider the vote by which the House amendments to SB 245 were concurred in.

     The question being on Sen. Everist's motion to reconsider the vote by which the House amendments to SB 245 were concurred in.

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
Koetzle; McIntyre; Staggers; Volesky

     Excused:
Hagen

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

     Sen. Everist moved that SB 245 be placed to follow SB 239 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Sen. Everist moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 2:29 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 4:30 p.m., the President presiding.

REPORTS OF CONFERENCE COMMITTEES


MADAM PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 149 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 149 be amended as follows:

     On page 1, line 10 of the House engrossed bill, delete " Indian reservation, " .

     On page 1, line 10, after " municipality " insert " , pursuant to a written agreement to house such prisoner ".

Respectfully submitted,                         Respectfully submitted,
Gordon R. Pederson                            Eric H. Bogue
William M. Napoli                            Arnold M. Brown
Jim Bradford                                    Garry A. Moore            
House Committee                                Senate Committee
MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1079 and 1202 and SB 209.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1252.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1142 and has appointed Reps. Richter, Kooistra, and Davis 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.

Respectfully,
Karen Gerdes, Chief Clerk

COMMUNICATIONS AND PETITIONS

March 1, 2001

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 7, 9, 30, 75, 79, 84, 123, 126, 137, 139, 140, 143, 148, 188, 199, and 248, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 27, 52, 53, 58, 60, 125, 144, 160, 165, 186, 204, 223, 234 and 253 and finds the same correctly enrolled.

Also MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 56, 57, 64, 87, 92, 107, 114, 150, 166, 173, 175, 179, 185, 212, 218, 221, 222, 228, and 231 were delivered to his Excellency, the Governor, for his approval at 9:35 a.m., March 1, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. de Hueck moved that the report of the Conference Committee on HB 1079 as found on page 748 of the Senate Journal be adopted.

     The question being on Sen. de Hueck's motion that the report of the Conference Committee on HB 1079 be adopted.

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

     Yeas:
Albers; Apa; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Bogue; Brosz; Drake; Everist; Greenfield; Putnam

     Excused:
Hagen; Koskan

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

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

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that the Senate do concur in House amendments to SB 225.

     The question being on Sen. Everist's motion that the Senate do concur in House amendments to SB 225.

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
Bogue; Koetzle

     Excused:
Hagen; Koskan

     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. Everist moved that SB 14 be placed to follow SB 245 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Sen. Everist moved that the Senate do not concur in House amendments to SB 239 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Sen. Munson moved as a substitute motion that the Senate do concur in House amendments to SB 239.

    Sen. Reedy moved that Sen. Munson's substitute motion that the Senate do concur in House amendments to SB 239 be laid on the table.

     Sen. McCracken requested a roll call vote.

    Which request was supported.

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent 0

     Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Kleven; Koskan; Putnam; Reedy; Sutton (Dan); Symens; Vitter

     Nays:
Albers; Daugaard; de Hueck; Greenfield; Ham; Hutmacher; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Staggers; Volesky; Whiting

     Excused:
Hagen

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Munson's substitute motion was laid on the table.

     The question now being on Sen. Everist's motion that the Senate do not concur in House amendments to SB 239 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Sen. Volesky requested a roll call vote

    Which request was supported.

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent 0

     Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Kleven; Koskan; Putnam; Reedy; Sutton (Dan); Symens; Whiting

     Nays:
Albers; de Hueck; Greenfield; Ham; Hutmacher; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Staggers; Vitter; Volesky

     Excused:
Hagen


     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the President appointed as such committee Sens. Hainje, Brosz, and Sutton.


      Sen. Everist moved that the concurrence in House amendments to SB 14 and 245 be deferred to Friday, March 2, the 38th legislative day.

     Which motion prevailed and the concurrence in House amendments to SB 14 and 245 were so deferred.

     Sen. Everist moved that the rules be suspended for the sole purpose of placing HB 1139 and 1258 on the calendar of Friday, March 2, the 38th legislative day.

     The question being on Sen. Everist's motion that the rules be suspended for the sole purpose of placing HB 1139 and 1258 on the calendar of Friday, March 2, the 38th legislative day.

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

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

     Nays:
Hutmacher; Koetzle; McIntyre; Munson; Volesky

     Excused:
Hagen

     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 bills were so placed.

SIGNING OF BILLS


     The President publicly read the title to

     SB 27: FOR AN ACT ENTITLED, An Act to  transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.

     SB 52: FOR AN ACT ENTITLED, An Act to  repeal an annual appropriation from the children's trust fund and to repeal a statute that terminates an additional charge for birth records that is deposited in the fund.

     SB 53: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the reunification of an abused or neglected child with a parent and the subsequent termination of parental rights.

     SB 58: FOR AN ACT ENTITLED, An Act to  establish certain fees for filing and indexing records pursuant to the Uniform Commercial Code, to establish a fund, and to appropriate the fund.

     SB 60: FOR AN ACT ENTITLED, An Act to  expand the uses of the special education extraordinary cost fund.

     SB 125: FOR AN ACT ENTITLED, An Act to  clarify workers' compensation coverage for uncompensated volunteers and prisoners.

     SB 144: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding signs in any public right-of-way.

     SB 160: FOR AN ACT ENTITLED, An Act to  prohibit the offering of postsecondary education credit or degree by nonaccredited institutions.

     SB 165: FOR AN ACT ENTITLED, An Act to  provide for incentives for development of certain commercial small power production facilities.

     SB 186: FOR AN ACT ENTITLED, An Act to  provide for the preservation of certain public broadcasting records of the legislative session.

     SB 204: FOR AN ACT ENTITLED, An Act to  permit tribal identification cards in lieu of other identification when applying for a driver's license.

     SB 223: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund tax refunds for elderly and disabled persons and to declare an emergency.

     SB 234: FOR AN ACT ENTITLED, An Act to  provide for the development and administration of certain standardized academic achievement tests.

     SB 253: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Railroad Authority to acquire certain facilities owned by the Burlington Northern and Santa Fe Railway Company and to declare an emergency.

     HB 1016: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to purchase the Dakota Prairie Playhouse, in Madison, South Dakota, and to make an appropriation therefor.

     HB 1037: FOR AN ACT ENTITLED, An Act to  revise the rule-making authority for credit insurance.

     HB 1073: FOR AN ACT ENTITLED, An Act to  revise certain procedures related to livestock brands, proof of livestock ownership, and livestock ownership inspection.

     HB 1180: FOR AN ACT ENTITLED, An Act to  allow for the sale of surplus property to tribal subdivisions.

     HB 1208: FOR AN ACT ENTITLED, An Act to  extend the date for filing claims with the subsequent injury fund.

     HB 1229: FOR AN ACT ENTITLED, An Act to  make an appropriation to provide grants to out-of-school time programs in the state and to declare an emergency.

     And signed the same in the presence of the Senate.

COMMEMORATIONS


     SC 11   Introduced by:  Senators Staggers, Apa, de Hueck, Greenfield, Kleven, Koetzle, McIntyre, Moore, Olson (Ed), and Reedy and Representatives Begalka, Adelstein, Broderick, Brown (Jarvis), Brown (Richard), Fryslie, Hennies (Don), Klaudt, Kooistra, McCoy, and Monroe

         A LEGISLATIVE COMMEMORATION,  Honoring and supporting the non-Muslim minorities of India's Kashmir: Pandits, Sikhs, Buddhists, and Christians.

     WHEREAS,  the non-Muslim minorities of Kashmir constituting more than twenty percent of the regional population have been subject to "ethnic cleansing" by the followers of the terrorist Osama Bin Laden; and

     WHEREAS,  thousands of non-Muslims have been killed and more than 500,000 forced into exile; and

     WHEREAS,  in accordance with international law, the non-Muslim minorities are entitled to return to their homeland:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, United States of America, that the plight of Christians, Buddhists, Sikhs, and Pandits exiled from Kashmir be recognized as a human tragedy by all South Dakotans and the world community as a whole.

      Sen. Everist moved that when we adjourn today, we adjourn to convene at 8:30 a.m. on Friday, March 2, the 38th legislative day.

     Which motion prevailed.

     Sen. Ed Olson moved that the Senate do now adjourn, which motion prevailed and at 5:50 p.m. the Senate adjourned.

Patricia Adam, Secretary