JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 15, 2002

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

     The prayer was offered by the Chaplain, David Zellmer, followed by the Pledge of Allegiance led by Senate page Craig Rolfs.

     Roll Call: All members present except Sens. Larry Diedrich and Ham who were 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 twenty-eighth 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.
HONORED GUESTS


     The President introduced Coleen C. Keffeler, Sturgis, National Teacher of the Year for Career and Technical Education. She was escorted to the rostrum by Sen. Kleven.

COMMUNICATIONS AND PETITIONS


February 5, 2002

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 Chapter 1-45of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Carolyn J. Mollers, Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2004.

Sincerely,
William J. Janklow
Governor

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

February 5, 2002

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 Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Judith E. Hines, Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This appointment is effective July 1, 2002, and shall continue until July 1, 2005.

Sincerely,
William J. Janklow
Governor

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 8, 41, 124, 140, and 142 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1195 and 1198 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1031 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1295 and returns the same with the recommendation that said bill be amended as follows:

1295za

     On page 1, line 8 of the printed bill, delete " fifty " and insert "thirty-five".

     On page 2 , line 4, delete " fifty thousand " and insert "thirty-five thousand dollars ($35,000),".

     On page 2 , line 5, delete " dollars ($50,000), " .
     And that as so amended said bill do pass.

Respectfully submitted,
Bob Drake, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1113 and returns the same with the recommendation that said bill be amended as follows:

1113oc

     On page 2 , line 9 of the House engrossed bill, after " application, " insert "is licensed as a child welfare agency by the Department of Social Services,".

     On page 2, line 10, delete " if such accreditation is available " and insert ", the Joint Commission on Accreditation of Health Care Organizations, or any other nationally accepted accreditation or certification and that has requirements that are substantially equivalent to, or more comprehensive than, those of the Council of Juvenile Correctional Administrators".

1113ra

     On page 2, line 6 of the House engrossed bill, delete " or any subdivision thereof " .

     And that as so amended said bill do pass.

Respectfully submitted,
Fred C. Whiting, Chair

CONSIDERATION OF CONFERENCE COMMITTEE REPORTS


     Sen. Munson moved that the report of the Conference Committee on HB 1189 as found
on page 547 of the Senate Journal be adopted.

    Sen. Bogue moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1189 and that a new committee be appointed.

    Which motion lost.

     The question being on Sen. Munson's motion that the report of the Conference Committee on HB 1189 be adopted.

     And the roll being called:


     Yeas 25, Nays 7, Excused 3, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Drake; Duxbury; Everist; Hagen; Hutmacher; Koetzle; Koskan; McCracken; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Apa; Bogue; de Hueck; Greenfield; Kleven; Madden; Vitter

     Excused:
Diedrich (Larry); Ham; McIntyre

     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.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Broderick, Konold, and Elliott 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 on SB 32.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 8, 41, 124, 140, and 142 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 36 and 130 which have been amended by the House and your concurrence in the amendments is respectfully requested.



Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1018 and 1023 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk
MOTIONS AND RESOLUTIONS


     HCR 1018:   A CONCURRENT RESOLUTION,   Expressing the sense of the South Dakota State Legislature about management of the Black Hills National Forest.

     Was read the first time.

    The President waived the committee referral and placed HCR 1018 on the calendar of Tuesday, February 19, the 30th legislative day.

     HCR 1023:   A CONCURRENT RESOLUTION,   Supporting mandatory country of origin labeling for agricultural products.

     Was read the first time.

    The President waived the committee referral and placed HCR 1023 on the calendar of Tuesday, February 19, the 30th legislative day.

     Sen. Hutmacher moved that the Senate do not concur in House amendments to SB 177 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, de Hueck, and Hutmacher.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on HB 1078 as found on page 564 of the Senate Journal ; also

     Commerce on HB 1240 as found on page 564 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Apa requested that HB 1291 be removed from the Consent Calendar.

     HB 1068:   FOR AN ACT ENTITLED, An Act to   require the recalculation of the allocation for the disability levels in the state aid to special education formula.

     Was read the second time.

     The question being "Shall HB 1068 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Ham

     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 1257:   FOR AN ACT ENTITLED, An Act to   revise the requirements for volunteer firefighters to become eligible for workers' compensation.

     Was read the second time.

     The question being "Shall HB 1257 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Ham

     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 1281:   FOR AN ACT ENTITLED, An Act to   lengthen the period required for notice of nonrenewal of certain insurance policies.

     Was read the second time.

     The question being "Shall HB 1281 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Ham

     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 1302:   FOR AN ACT ENTITLED, An Act to   provide for the establishment of standard guidelines to be used regarding child custody and visitation.

     Was read the second time.

     The question being "Shall HB 1302 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Ham

     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.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1280:   FOR AN ACT ENTITLED, An Act to   revise the definition of a controlled group for sales tax purposes.

     Was read the second time.

     The question being "Shall HB 1280 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Diedrich (Larry); Ham; McIntyre; Sutton (Dan)

     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 1034:   FOR AN ACT ENTITLED, An Act to   reduce the legal blood alcohol limits for motor vehicle drivers and boat operators.

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

     Sen. Vitter moved that HB 1034 be deferred to Tuesday, February 19, the 30th legislative day.

     Which motion prevailed.

     HB 1136:   FOR AN ACT ENTITLED, An Act to   clarify the approval authority for local accounts of the state treasurer and state auditor.

     Was read the second time.

     Sen. Everist moved that HB 1136 be deferred to Tuesday, February 19, the 30th legislative day.

     Which motion prevailed.

     HB 1220:   FOR AN ACT ENTITLED, An Act to   revise certain provisions with regard to child custody and to declare an emergency.

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

     Sen. Bogue moved that HB 1220 be placed to precede HB 1059 on today's calendar.

     Which motion prevailed.

     HB 1303:   FOR AN ACT ENTITLED, An Act to   revise the Governor's emergency powers in the event of a terrorist or bioterrorist attack.

     Was read the second time.

     Sen. Everist moved that HB 1303 be placed to follow HB 1305 on today's calendar.

     Which motion prevailed.

     Sen. Everist moved that HB 1305 be immediately considered.

     Which motion prevailed.

     HB 1305:   FOR AN ACT ENTITLED, An Act to   define terrorism, to create the crime of terrorism, and to provide a penalty therefor.

     Was read the second time.

1305ma

     Sen. McIntyre moved that HB 1305 be further amended as follows:

     On page 1, line 7 of the House State Affairs Committee engrossed bill, after " to " insert "the life of another under circumstances manifesting extreme indifference to the value of".

     On page 1 , line 10, after " Influence " insert "by coercion".

     Which motion lost.

     The question being "Shall HB 1305 pass as amended?"


     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Ham

     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 1303:   FOR AN ACT ENTITLED, An Act to   revise the Governor's emergency powers in the event of a terrorist or bioterrorist attack.

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

1303ra

     Sen. Whiting moved that HB 1303 be further amended as follows:

     On page 2, after line 22 of the House engrossed bill, insert:

     "Section 2. That chapter 33-15 be amended by adding thereto a NEW SECTION to read as follows:

     The powers granted to the Governor under this Act shall remain in effect for a period of six months and may be restored for one or more successive six-month periods by declaration of the Governor that the conditions permitting such powers persist."

     Which motion prevailed.

     The question being "Shall HB 1303 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Ham

     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 1304:   FOR AN ACT ENTITLED, An Act to   revise the emergency powers of the Department of Health.

     Was read the second time.

     The question being "Shall HB 1304 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Ham

     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 1220:   FOR AN ACT ENTITLED, An Act to   revise certain provisions with regard to child custody and to declare an emergency.

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

     The question being "Shall HB 1220 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
de Hueck; Koskan

     Excused:
Diedrich (Larry); Ham

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

     HB 1059:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning property classifications and assessment appeals.

     Was read the second time.

     The question being "Shall HB 1059 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Diedrich (Larry); Ham; Hutmacher; Munson

     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 1121:   FOR AN ACT ENTITLED, An Act to   revise the requirements for the location of side exhaust on certain motor vehicles.

     Was read the second time.

     Sen. Everist moved that the Senate do now recess until 2:30 p.m., which motion prevailed and at 2:20 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 2:30 p.m., the President presiding.

     HB 1121:   FOR AN ACT ENTITLED, An Act to   revise the requirements for the location of side exhaust on certain motor vehicles.

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

     The question being "Shall HB 1121 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 1, Excused 5, Absent 0

     Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Albers

     Excused:
Diedrich (Larry); Ham; Hutmacher; Koetzle; Vitter

     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 1160:   FOR AN ACT ENTITLED, An Act to   repeal certain tort liability arising out of causes of action based on reduction, abduction, and alienation of affections.

     Was read the second time.

1160rg

     Sen. Volesky moved that HB 1160 be further amended as follows:

     On page 1 of the Senate Judiciary Committee engrossed bill, delete line 10 .

     Which motion prevailed.

     The question being "Shall HB 1160 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent 0

     Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Drake; Duxbury; Everist; Hagen; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Albers; Diedtrich (Elmer); Greenfield; Koskan; Vitter

     Excused:
Diedrich (Larry); Ham

     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. Whiting moved that the title to HB 1160 be amended as follows:

     On page 1, line 2 of the Senate Judiciary Committee engrossed bill, delete " reduction " and insert "seduction".

     Which motion prevailed and the title was so amended.

     HB 1265:   FOR AN ACT ENTITLED, An Act to   allow for the issuance of metal plates with a special designation to auction agencies.

     Was read the second time.

     The question being "Shall HB 1265 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

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

     Nays:
Apa; Putnam

     Excused:
Diedrich (Larry); Ham; Volesky

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

REPORTS OF CONFERENCE COMMITTEES


MADAM PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1038 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1038 be amended as follows:

     Delete all Senate amendments, thus restoring the bill to the printed version.

     On page 1 , line 12 of the printed bill, after " by any " insert " certified ".

     On page 1 , line 14, after " any " insert " certified ".

Respectfully submitted,                         Respectfully submitted,
B. Michael Broderick, Jr.                        Drue J. Vitter
Charles E. Flowers
Clarence L. Kooistra                            Dan Sutton
House Committee                                Senate Committee

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1009 and HB 1294 and returns the same with the recommendation that said bill and resolution do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1168 and returns the same with the recommendation that said bill be amended as follows:

1168oa

     On page 1, line 4 of the House State Affairs Committee engrossed bill, delete " an interim " and insert "a commission".

     On page 1 , line 5, delete " legislative committee " .

     On page 1 , line 5, delete " committee " and insert "commission".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

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

1279rb

     On page 3, line 4 of the House State Affairs Committee engrossed bill, delete " the " .

     On page 3 , line 23, delete " subdistrict " and insert "water project district".

     On page 3 , line 24, after " other " insert "political subdivision or".

     On page 4 , line 17, after the first "entity" insert "or nonprofit corporation".

     On page 4 , line 17, after the second "entity" insert "or a nonprofit corporation".

     On page 4 , line 18, after " entity " insert "or a nonprofit corporation".

     On page 6 , line 18, delete " not " .

     On page 6 , line 19, delete " not " .

     On page 7 , line 1, delete " delegate by " and insert "upon mutual agreement of the Department of Environment and Natural Resources delegate by resolution any duties or obligations to the department."

     On page 7 , delete line 2 .

     On page 7 , line 16, delete " and " and insert "or".
     On page 7 , line 16, after " may " insert "take title to or".

     On page 10 , line 12, after " section " insert "; and

             (8)    To pool or cross-collateralize any leases, contracts or other agreements or assets in order to secure any obligations, leases, contracts or other agreements or arrangements".

     On page 11 , line 7, after " engineers, " delete " attorneys, " .

     On page 13 , line 6, after " paid " insert "or payment has been duly provided for".

     On page 14 , line 22, after " otherwise " insert "any utility property and may construct, complete, remodel, maintain and equip such utility property and".

     On page 14 , line 24, after " interest, " insert "the state,".

     On page 15 , line 2, after " otherwise, " insert "any other municipal facilities and may".

     On page 15 , line 7, after " lease " insert "or other contract or agreement".

     On page 19 , line 22, delete " or other public entity " and insert ", other public entity or nonprofit corporation".

     On page 20 , line 10, after " state, " insert "the Board of Water and Natural Resources, the South Dakota Conservancy District,".

     On page 20 , line 13, delete " The governing body of a " and insert "A".

     On page 20 , line 13, after " resolution " insert "of its governing body".

     On page 20 , line 18, after " For " delete " the " and insert "all".

     On page 21 , line 6, delete " and " .

     On page 21 , line 12, after " body " insert "; (6) the provisions of §  9-40-25 shall not apply to utility property described herein; and (7) bonds which have been defeased or for which payment has been provided for by virtue of an arrangement involving an irrevocable deposit of investments described in §  4-5-26 shall be deemed paid in full for all purposes under chapter 9-40".

     On page 22 , line 3, after " or " insert "any".

     On page 22 , line 3, delete " of such " and insert "of a".

     On page 22 , line 4, delete " or investors " and insert ", investors or other persons".

     On page 23 , line 11, delete " charged " and insert "charter".
1279rc

     On page 4, line 4 of the House State Affairs Committee engrossed bill, after " Resources " insert "or any other department, agency or authority of the state designated by the Governor".

     On page 7 , delete lines 1 and 2 .

     On page 19 , line 6, delete everything after " state " and insert ", a certified copy of which instrument or agreement shall be filed with the Legislature. Upon the filing".

     On page 19 , delete lines 7 to 9 , inclusive.

     On page 19 , line 10, delete everything after " agreement " ,.

     On page 19 , line 11, delete " Environment and Natural Resources " .

     On page 22 , delete lines 11 to 24 , inclusive.

     On page 23 , delete lines 1 to 5 , inclusive.

1279rd

     On page 5, line 13 of the House State Affairs Committee engrossed bill, after " his " insert "or her".

     On page 13 , line 18, delete " statues " and insert "statutes".

     On page 14 , line 18, after " his " insert "or her".

1279rtb

     On page 1, line 7 of the House State Affairs Committee engrossed bill, after " powers " insert "and liabilities".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kelly Wheeler of Hughes County, Pierre, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Barbara Everist, Chair


MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1189.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1299.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Madsen, McCaulley, and Elliott 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 on SB 183.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 8: FOR AN ACT ENTITLED, An Act to  authorize the lease of certain public lands for military purposes.

     SB 41: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the higher education savings plan and to declare an emergency.

     SB 124: FOR AN ACT ENTITLED, An Act to  repeal certain provisions concerning the county highway system.

     SB 140: FOR AN ACT ENTITLED, An Act to  revise certain provisions governing trusts.

     SB 142: FOR AN ACT ENTITLED, An Act to  allow certain trusts to be shareholders in certain professional organizations.

     HB 1050: FOR AN ACT ENTITLED, An Act to  revise the definition of a grain dealer.

     HB 1054: FOR AN ACT ENTITLED, An Act to  require the service of certain documents on the Interim Rules Review Committee a certain time before the committee meets to review the rules.

     HB 1079: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to preferential deposits of financial institutions.

     HB 1091: FOR AN ACT ENTITLED, An Act to  make compliance with federal selective service requirements a condition of obtaining certain driver licenses.

     HB 1129: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding concealed pistol permits.

     HB 1133: FOR AN ACT ENTITLED, An Act to  revise certain requirements for displaying motor vehicles at events.

     HB 1134: FOR AN ACT ENTITLED, An Act to  revise the time at which bond is required of a surplus line broker.

     HB 1149: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the awarding of high school diplomas to certain veterans.

     HB 1151: FOR AN ACT ENTITLED, An Act to  require the secretary of state to conduct a pilot program granting certain secured parties the ability to file and provide a procedure to record a financing statement for security interest on agricultural lien and to provide rule-making authority to implement the pilot program.

     HB 1153: FOR AN ACT ENTITLED, An Act to  provide procedural requirements for ineligibility orders issued by the division of insurance and to repeal a surplus line insurer's responsibility to remit surplus lines tax not remitted by an unlicensed surplus lines broker.

     HB 1187: FOR AN ACT ENTITLED, An Act to  allow certain school district transfers.

     HB 1188: FOR AN ACT ENTITLED, An Act to  revise certain penalties for moving or obtaining a used mobile home or manufactured home without an affidavit from the county treasurer.

     HB 1190: FOR AN ACT ENTITLED, An Act to  revise certain insurance provisions regarding the surety bonds that are exempt from the requirements of countersignature by resident agents.

     HB 1219: FOR AN ACT ENTITLED, An Act to  revise the household income threshold and index factor for determining certain freezes on property assessments and to declare an emergency.

     HB 1254: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to livestock auction agencies and livestock dealers and to establish a penalty.

     HB 1255: FOR AN ACT ENTITLED, An Act to  provide that the provisions limiting the number of retail alcohol licenses that may be issued to one person do not apply to certain additional convention facility on-sale licenses.

     HB 1256: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding title insurance reserves.

     And signed the same in the presence of the Senate.

     Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at 3:00 p.m. the Senate adjourned.

Patricia Adam, Secretary