The prayer was offered by the Chaplain, Reverend Gale Shafer, followed by the Pledge of Allegiance led by Senate page Nisa Schwiesow.

     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-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.

            A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-sixth Legislature of the State of South Dakota to Erin Brown, Kayla Flynn, Laura Geraets, Steven Hofer, Sandra Livermont, Tyler Lohmiller, Kristen Osterberg, Sarah Rost, and Nisa Schwiesow.

        WHEREAS, the above named served loyally as pages for the Senate of the Seventy-sixth Legislative Session; and

        WHEREAS, the members of the Seventy-sixth 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-sixth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    The President announced the following change on the Senate Conference Committee on SB 226:

    The Senate committee will now be Sens. Everist, Arnold Brown, and Symens.

March 1, 2001

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear President Hillard and Members of the Senate:

I herewith return Senate Bill 44 with the following recommendations as to STYLE and FORM.

Senate Bill 44 is, An Act to provide reciprocity for the licensing of insurance producers.

I respectfully request you concur with my recommendation as to style and form.

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

     Nays:
de Hueck; Greenfield; Koetzle; Moore; Olson (Ed); Reedy; 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.

    "Section 1. That certain programs in chapter 14 of the 2000 Session Laws be amended to read as follows:

    Northern State University

        Personal Services, delete "$6,735,806" and insert "$7,789,606

        Operating Expenses, delete "$1,002,685" and insert "$1,300,005"

Adjust all totals accordingly.

     Section 2. That certain programs in chapter 14 of the 2000 Session Laws be amended to read as follows:

DEPARTMENT OF HEALTH

    Administration, Secretary of Health

    Operating Expenses, delete "$629,145" and insert "$1,629,145".

Adjust all totals accordingly.

     Section 3. The fund source used to support the other fund expenditure authority appropriated by section 2 of this Act shall be the youth-at-risk education trust fund established in §  13-14-6.

     Section 4. Any expenditure authority and cash appropriated by this Act which are unspent at the end of fiscal year 2001 shall be carried over to fiscal year 2002.

     Section 5. This Act is effective June 22, 2001."

    "Section 1. That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

     Section 2. That § 38-22-23.14 be amended to read as follows:

     38-22-23.14.   If the landowner fails or refuses to perform as required within the time designated, the county weed and pest board may proceed to perform the requirements. The board shall certify its expenses to the county auditor, and the auditor shall bill the landowner for the amount of the expenses , plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater . If the landowner has not paid the bill by November first of the calendar year in which the expenses were incurred, the amount of the bill shall be further increased by ten percent, and the adjusted amount shall be charged as taxes against each tract of land on which the expenses were incurred. The adjusted amount shall be collected as other taxes and credited to the general fund.

     Section 3. That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

    Was read the second time.

     Sen. Whiting moved that HCR 1026 as found on page 750 of the House Journal be concurred in.

     The question being on Sen. Whiting's motion that HCR 1026 be concurred in.

     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 HCR 1026 was concurred in.

     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.

     Nays:
Apa; de Hueck; 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 report was adopted.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1285 and no new committee was appointed.

    "Section 1. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

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

     Section 6. That § 13-16-26.2 be amended to read as follows:

     13-16-26.2.   Notwithstanding the provisions of §   13-16-26, no school district may transfer any funds, exclusive of federal funds, from the general fund to the capital outlay fund , bond redemption fund or the capital projects fund .

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

    "Section 1. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

     Section 3. School districts shall certify to the Department of Education and Cultural Affairs that the revenue received resulting from the enrollment adjustment is used to increase teachers' salaries.

     Section 4. That § 13-37-35.1 be amended to read as follows:

     13-37-35.1.   Terms used in chapter 13-37 mean:

compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

    Sen. Bogue moved the previous question.

    Sen. Koetzle requested a roll call vote.

    Which request was supported.

     The question being on Sen. Hutmacher's substitute motion that HB 1258 be further amended.

     And the roll being called:

     Yeas 13, Nays 21, Excused 1, Absent 0

     Yeas:
de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Volesky

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

     Excused:
Hagen

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

    On pending amendment (1258dw), Section 1, subdivision (9), line 1, delete "lesser of the" and on line 2, after "2000" delete ", or the general fund balance percentage of the previous fiscal year".

     Which motion prevailed.

    Which request was supported.

     The question being on Sen. Putnam's motion that Sen. Symens' motion to further amend Sen. Everist's pending amendment to HB 1258 be laid on the table.

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

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

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

     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. Symens' motion to amend was laid on the table.

     Excused:
Hagen

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

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent 0

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

     Nays:
Bogue; de Hueck; Koetzle; Moore; Reedy

     Excused:
Hagen; Putnam

     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 98: FOR AN ACT ENTITLED, An Act to  establish certain penalties for failure to control weeds and pests.

     SB 149: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the housing of prisoners from other jurisdictions.

     SB 209: FOR AN ACT ENTITLED, An Act to  permit certain businesses to remit sales and use tax after the machinery is under production.

     SB 225: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to insurance taxes, cash surrender values of insurance policies, and the payment of insurance benefits.

     HB 1003: FOR AN ACT ENTITLED, An Act to  prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance.

     HB 1024: FOR AN ACT ENTITLED, An Act to  authorize the release of certain information about adult inmates and parolees to victims, the community, and governmental entities.

     HB 1045: FOR AN ACT ENTITLED, An Act to  prohibit the disclosure and use of personal information contained in certain motor vehicle records.

     HB 1068: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents, providing for the construction, remodeling, or renovation of various structures on the campuses of the state's universities and to make appropriations therefor.

     HB 1079: FOR AN ACT ENTITLED, An Act to  determine the venue of the offense of underage possession or consumption of alcoholic beverages.

     HB 1106: FOR AN ACT ENTITLED, An Act to  revise the classes of investments available for state funds.

     HB 1144: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to child custody.

     HB 1203: FOR AN ACT ENTITLED, An Act to  appropriate money for the Northern Crops Institute and to declare an emergency.

     HB 1218: FOR AN ACT ENTITLED, An Act to  prohibit directed suretyship.

     HB 1247: FOR AN ACT ENTITLED, An Act to  revise the requirements for volunteer firefighters to become eligible for workers' compensation and to update a reference used to determine impairment.

     HB 1253: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding dealer franchises and to include outdoor power equipment.

     HB 1295: FOR AN ACT ENTITLED, An Act to  allow certain interstate shipments of wine.

     And signed the same in the presence of the Senate.