JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



THIRTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 21, 2002

     The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Howard Grinager, followed by the Pledge of Allegiance led by Senate page Janelle Booth.

     Roll Call: All members present except Sen. Symens 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-first 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Daniel L. Cotton of Union County, Beresford, South Dakota, to the South Dakota Railroad Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Daniel L. Cotton pursuant to the executive message as found on page 525 of the Senate Journal?"

     And the roll being called:

     Yeas 25, Nays 0, Excused 10, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Apa; Cradduck; Dennert; Drake; Duxbury; Greenfield; Kleven; Madden; Putnam; Symens

     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 Carolyn J. Mollers of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive appointment of Carolyn J. Mollers pursuant to the executive message as found on page 572 of the Senate Journal?"

     And the roll being called:

     Yeas 24, Nays 0, Excused 11, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Apa; Cradduck; Dennert; Diedrich (Larry); Drake; Duxbury; Greenfield; Kleven; Madden; Putnam; Symens

     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 Judith E. Hines of Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Judith E. Hines pursuant to the executive message as found on page 572 of the Senate Journal?"

     And the roll being called:

     Yeas 24, Nays 0, Excused 11, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Apa; Cradduck; Dennert; Diedrich (Larry); Drake; Duxbury; Greenfield; Kleven; Madden; Putnam; Symens

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

     Sen. Bogue moved that the consideration of the executive veto of SB 84 be placed to follow HB 1283 on today's calendar.

     Which motion prevailed.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 151 and 166 and SJR 5 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 5, 58, 87, 109, 134, 136, 144, 157, 165, and 185 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk
MOTIONS AND RESOLUTIONS


     SCR 12:   A CONCURRENT RESOLUTION,   Encouraging South Dakota's delegation in the United States Congress to oppose any increase in the Corporate Average Field Economy standards.

    Was read the second time.

     Sen. Hutmacher moved that SCR 12 as found on page 601 of the Senate Journal be adopted.

     The question being on Sen. Hutmacher's motion that SCR 12 be adopted.

     And the roll being called:

     Yeas 23, Nays 1, Excused 11, Absent 0

     Yeas:
Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Albers

     Excused:
Apa; Cradduck; Dennert; Drake; Duxbury; Greenfield; Kleven; Madden; Olson (Ed); Putnam; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 12 was adopted.

     SCR 13   :   A CONCURRENT RESOLUTION,   Urging the United States Congress to pass, and the President of the United States to sign, legislation that completely bans human cloning.

    Was read the second time.

     Sen. Bogue moved that SCR 13 be placed to follow SB 184 on today's calendar.

     Which motion prevailed.

     SCR 14:   A CONCURRENT RESOLUTION,   Urging the federal government to address sedimentation problems in the Missouri River Main Stem Reservoir System.

    Was read the second time.

     Sen. Hutmacher moved that SCR 14 as found on page 643 of the Senate Journal be adopted.

     The question being on Sen. Hutmacher's motion that SCR 14 be adopted.

     And the roll being called:

     Yeas 25, Nays 0, Excused 10, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Apa; Cradduck; Dennert; Drake; Duxbury; Greenfield; Kleven; Madden; Putnam; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 14 was adopted.

     HCR 1025:   A CONCURRENT RESOLUTION,   Encouraging the Department of Military and Veterans Affairs to conduct a feasibility study of the possibility of establishing an East River State Veterans Home.

    Was read the second time.

     Sen. Koetzle moved that HCR 1025 as found on page 668 of the House Journal be concurred in.

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

     And the roll being called:

     Yeas 22, Nays 2, Excused 11, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Everist; Hagen; Ham; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Koskan; Staggers

     Excused:
Apa; Cradduck; Dennert; Drake; Duxbury; Greenfield; Hutmacher; Kleven; Madden; Putnam; Symens

     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.

     HCR 1027   :   A CONCURRENT RESOLUTION,   Encouraging South Dakota's delegation in the United States Congress to pass an economic stimulus package that creates jobs and ensures a strong economy for America's future prosperity and security.

    Was read the second time.

     Sen. Everist moved that HCR 1027 be placed to follow SCR 13 on today's calendar.

     Which motion prevailed.

     Sen. Munson moved that the Senate do concur in House amendments to SB 110.

     The question being on Sen. Munson's motion that the Senate do concur in House amendments to SB 110.

     And the roll being called:

     Yeas 24, Nays 1, Excused 10, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Staggers

     Excused:
Apa; Cradduck; Dennert; Drake; Duxbury; Greenfield; Kleven; Madden; Putnam; Symens

     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. Whiting moved that the Senate do concur in House amendments to SB 141.

     The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 141.


     And the roll being called:

     Yeas 25, Nays 0, Excused 10, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Apa; Cradduck; Dennert; Drake; Duxbury; Greenfield; Kleven; Madden; Putnam; Symens

     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 the Senate do not concur in House amendments to SB 14 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. Brown (Arnold), Munson, and Moore.

     Sen. Whiting moved that the Senate do concur in House amendments to SB 19.

     The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 19.

     And the roll being called:

     Yeas 25, Nays 0, Excused 10, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Everist; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Apa; Cradduck; Dennert; Drake; Duxbury; Greenfield; Kleven; Madden; Putnam; Symens

     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 not concur in House amendments to SJR 5 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. Bogue, Koskan, and Koetzle.

     Sen. Everist moved that the Senate do now recess until 11:45 a.m., which motion prevailed and at 10:55 a.m., the Senate recessed.

RECESS


     The Senate reconvened at 11:45 a.m., the President presiding.

COMMEMORATIONS


     SC 21   Introduced by:  Senators de Hueck, Albers, Apa, Brosz, Daugaard, Diedtrich (Elmer), Drake, Everist, Greenfield, Ham, Hutmacher, Koetzle, Koskan, Madden, McCracken, McIntyre, Olson (Ed), Reedy, Staggers, Sutton (Dan), Vitter, Volesky, and Whiting and Representatives Garnos, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Duniphan, Elliott, Flowers, Frost, Fryslie, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Monroe, Murschel, Nachtigal, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Rhoden, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Valandra, Van Etten, Van Gerpen, Van Norman, and Wick

         A LEGISLATIVE COMMEMORATION,  Honoring and congratulating LaFola Korkow on her ninetieth birthday.

     WHEREAS,  LaFola Shouse Korkow was born on March 16, 1912, the daughter of Bertine and Dr. Hiram Shouse, a pioneer doctor and civil war veteran; and

     WHEREAS,  after attending and later graduating from Huron College, LaFola taught school for many years at Stickney, Faulkton, and Canning, and even served as a boys' basketball coach; and

     WHEREAS,  after marrying Ervin Korkow of Canning in 1939, she partnered with her husband and family to build Korkow Rodeos into an outstanding rodeo stock contracting business; and

     WHEREAS,  LaFola's tremendous contributions to the rodeo industry have been nationally recognized when she was honored as Woman of the Year by the Women's Professional Rodeo Association and when she was made a Gold Card Member of the Professional Rodeo Cowboys Association; and

     WHEREAS,  those who have had the privilege of knowing her personally are always struck by her work ethic, love of education, strong moral purpose, and sterling character:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that LaFola Korkow be congratulated on the occasion of her ninetieth birthday and recognized for a distinguished lifetime of service to South Dakota.

     SC 22   Introduced by:  Senators Kleven, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Pummel, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Richard), Burg, Clark, Davis, Derby, Duniphan, Elliott, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Kloucek, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Monroe, Murschel, Nachtigal, Pederson (Gordon), Peterson (Jim), Pitts, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Solum, Valandra, Van Etten, Van Gerpen, Van Norman, and Wick

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Rebecca Umenthum of the Belle Fourche School District, Barbara Huber of the Douglas School District, Katrina Rudebusch of the Rapid City School District, Roxie Ahlbrecht and Cynthia Nelson of the Sioux Falls School District, Reva Sigle of the Spearfish School District, Mary Kate Axlund of the Sturgis School District, and Shannon Amiotte of the Wall School District, for gaining national teacher certification.

     WHEREAS,  these teachers demonstrated that their teaching practices meet the high and rigorous standards of the National Board for Professional Teaching Standards; and

     WHEREAS,  they have achieved the distinction of being National Board Certified Teachers in South Dakota, where there are only eight National Board Certified Teachers; and

     WHEREAS,  they are not only accomplished teachers in the classroom, but also take key leadership roles in their schools, districts, and state_and in the nation. They have demonstrated the ability, in a variety of settings, to make sound professional judgments about students' best interests and to act effectively on those judgments:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Rebecca Umenthum of the Belle Fourche School District, Barbara Huber of the Douglas School District, Katrina Rudebusch of the Rapid City School District, Roxie Ahlbrecht and Cynthia Nelson of the Sioux Falls School District, Reva Sigle of the Spearfish School District, Mary Kate Axlund of the Sturgis School District, and Shannon Amiotte of the Wall School District be honored and congratulated upon their certification as National Board Certified Teachers.

MOTIONS AND RESOLUTIONS

(continued)

     Sen. Sutton (Dan) moved that SB 57 be placed to follow SCR 13 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Sen. Munson moved that the Senate do concur in House amendments to SB 81.

     The question being on Sen. Munson's motion that the Senate do concur in House amendments to SB 81.

     And the roll being called:

     Yeas 26, Nays 1, Excused 8, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Everist; Hagen; Ham; Hutmacher; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Whiting

     Nays:
Koskan

     Excused:
Apa; Cradduck; Drake; Greenfield; Kleven; Madden; Symens; Volesky

     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. Dennert moved that the Senate do concur in House amendments to SB 89.

     The question being on Sen. Dennert's motion that the Senate do concur in House amendments to SB 89.

     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; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Whiting

     Excused:
Kleven; Madden; Symens; Volesky

     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. Madden moved that the Senate do concur in House amendments to SB 94.

     The question being on Sen. Madden's motion that the Senate do concur in House amendments to SB 94.

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Bogue

     Excused:
Kleven; Symens; Volesky

     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. Sutton (Dan) moved that the Senate do concur in House amendments to SB 108.

     The question being on Sen. Sutton's motion that the Senate do concur in House amendments to SB 108.

     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; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Whiting

     Excused:
Symens; Volesky

     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. Greenfield moved that the Senate do concur in House amendments to SB 167.

     The question being on Sen. Greenfield's motion that the Senate do concur in House amendments to SB 167.

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0

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

     Nays:
Dennert; Koetzle; Moore; Reedy

     Excused:
Symens; Volesky

     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 180.

     The question being on Sen. Munson's motion that the Senate do concur in House amendments to SB 180.

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent 0

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

     Nays:
Apa; de Hueck; Staggers

     Excused:
Symens; Volesky

     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 the Senate do concur in House amendments to SB 184.

     The question being on Sen. Everist's motion that the Senate do concur in House amendments to SB 184.

     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; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Whiting

     Excused:
Symens; Volesky

     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.

     SCR 13:   A CONCURRENT RESOLUTION,   Urging the United States Congress to pass, and the President of the United States to sign, legislation that completely bans human cloning.

    Having had its second reading was up for consideration.

     Sen. Greenfield moved that SCR 13 as found on page 602 of the Senate Journal be adopted.

     The question being on Sen. Greenfield's motion that SCR 13 be adopted.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Brown (Arnold)

     Excused:
Symens; Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 13 was adopted.

     Sen. Sutton (Dan) moved that the Senate do concur in House amendments to SB 57.

     The question being on Sen. Sutton's motion that the Senate do concur in House amendments to SB 57.

     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; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Whiting

     Excused:
Symens; Volesky

     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.

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 5, 19, 58, 87, 109, 110, 134, 136, 141, 144, 157, 165, and 185 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. Bogue moved that the report of the Conference Committee on HB 1221 as found on page 600 of the Senate Journal be adopted.

     The question being on Sen. Bogue's motion that the report of the Conference Committee on HB 1221 be adopted.

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
Apa; Staggers

     Excused:
Symens; Volesky

     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.

     Sen. Brown (Arnold) moved that the report of the Conference Committee on SB 32 as found on page 624 of the Senate Journal be adopted.

     The question being on Sen. Brown's motion that the report of the Conference Committee on SB 32 be adopted.

     And the roll being called:

     Yeas 28, Nays 4, Excused 3, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Putnam; Reedy; Sutton (Dan); Volesky; Whiting

     Nays:
Apa; Koskan; Olson (Ed); Staggers

     Excused:
Kleven; Symens; Vitter

     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 report was adopted.

     Sen. Daugaard moved that the report of the Conference Committee on HB 1283 as found on page 624 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 1283 and that a new committee 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. Bogue, Daugaard, and Koetzle.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The Senate proceeded to the reconsideration of SB 84 pursuant to the veto of the Governor and the veto message found on page 617 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall SB 84 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Albers; Bogue; Brosz; Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Hagen; Hutmacher; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Volesky; Whiting

     Nays:
Apa; Brown (Arnold); Drake; Everist; Greenfield; Ham; Kleven; Koskan; Madden; Staggers; Vitter

     Excused:
Symens

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

     Sen. Everist moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 12:55 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 3:00 p.m., the President presiding.

    

MOTIONS AND RESOLUTIONS


     Sen. Brown (Arnold) moved that the Senate do now recognize and honor the esteemed leader of the Senate, and that the Sergeant-at-Arms escort Lieutenant Governor Carole Rypkema Hillard to her place of honor, and that a roll be taken to demonstrate the loyalty and appreciation of her subjects and friends of the Senate.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     Which motion prevailed.

     The Senate members were joined by the House members in honoring the President, Lieutenant Governor Carole Hillard and Sens. Hutmacher and Everist read the following Senate Commemoration.


     SC 23   Introduced by:  Senators Brown (Arnold), Albers, Apa, Bogue, Brosz, Cradduck, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Eccarius, Abdallah, Adelstein, Bartling, Begalka, Broderick, Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Duniphan, Elliott, Flowers, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Michels, Monroe, Murschel, Napoli, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Rhoden, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Valandra, Van Etten, Van Gerpen, Van Norman, and Wick

         A LEGISLATIVE COMMEMORATION,  Honoring South Dakota's Lieutenant Governor Carole Hillard for her career in public service.

     WHEREAS,  Carole Hillard, who was elected in 1994 and reelected in 1998 as South Dakota's first woman Lieutenant Governor, exemplifies the qualities of those who have achieved political prominence. She has compiled an impressive list of firsts and has provided leadership to her community and to her state as a legislator and as President of the Senate of the South Dakota Legislature; and

     WHEREAS,  Carole Hillard has devoted her life to public service. Her many and varied accomplishments encompass a wide array of projects, positions, activities, and achievements at the local, state, national, and international levels. She was the first woman president of the Rapid City City Council, the South Dakota Board of Charities and Corrections, the Rapid City United Way Campaign, and the South Dakota Children's Home Society, and the second woman to head the Rapid City Chamber of Commerce. Active in political affairs, she served two terms in the South Dakota Legislature before assuming her duties as South Dakota's Lieutenant Governor. She has served in many training and advisory capacities around the world, including stints in Jordan, Brazil, Mongolia, Taiwan, Zimbabwe, Poland, Nigeria, Costa Rica, Bolivia, Peru, Angola, Bosnia, Cambodia, Japan, Mexico, Panama, Czech Republic, and Canada. These are only a sampling of her endeavors, which cover the spectrum of public service and community involvement; and

     WHEREAS,  Carole Hillard is the mother of five children, graduated from the University of Arizona and holds masters degrees from the University of South Dakota (political science) and South Dakota State University (education), is a veteran member of the South Dakota business community, holds a private pilot's license, and enjoys skiing and scuba diving. She possesses the skills and enthusiasm necessary to lead South Dakota into the 21st Century:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Lieutenant Governor and President of the Senate Carole Hillard has led a life of exemplary community and public service. The South Dakota Legislature heartily thanks her for her service and congratulates her on her many accomplishments.

HONORED GUESTS


     The President introduced Dr. Thomas R. Hills, Professor of Political Science at Black Hills State University. Senator Apa escorted Dr. Hills to the rostrum.

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 57, 81, 89, 94, 108, 167, 180, and 184 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

MOTIONS AND RESOLUTIONS

(continued)

     HCR 1027:   A CONCURRENT RESOLUTION,   Encouraging South Dakota's delegation in the United States Congress to pass an economic stimulus package that creates jobs and ensures a strong economy for America's future prosperity and security.

    Having had its second reading was up for consideration.

     Sen. Everist moved that HCR 1027 as found on page 696 of the House Journal be concurred in.

     The question being on Sen. Everist's motion that HCR 1027 be concurred in.

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent 0

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

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

     Excused:
Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1027 was concurred in.

     Sen. Everist moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 3:30 p.m., the Senate recessed.

RECESS


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

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has approved HB 1218 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 750 of the House Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1218.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Pitts, McCaulley, and Mel Olson 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 SJR 5.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1220 and has appointed Reps. Murschel, Juhnke, and Gary Hanson 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.

     The President appointed as such committee Sens. Everist, de Hueck, and Hutmacher.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 32 and HB 1221.

Also 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 1283 and has appointed Reps. Eccarius, Michels, and Mel Olson as a new 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.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Broderick, Smidt, and Valandra 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 14.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1168 and has appointed Reps. Bill Peterson, Eccarius, and Mel Olson 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.


      The President appointed as such committee Sens. Everist, Bogue, and Hagen.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1160 and no committee was appointed.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1273 and has appointed Reps. Duniphan, Napoli, and Nachtigal 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
     The President appointed as such committee Sens. Ham, Olson (Ed), and Reedy.

    Sen. Everist moved that the Senate appoint a conference committee on HB 1160.

     Which motion prevailed and the President appointed as such committee Sens. McCracken, Albers, and McIntyre.

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 8:00 a.m. on Friday, February 22, the 33rd legislative day.

     Which motion prevailed.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1028 and 1029 which have been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 182 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 5: FOR AN ACT ENTITLED, An Act to  establish a program for teacher mentors.

     SB 19: FOR AN ACT ENTITLED, An Act to  create the crime of communicating a terroristic threat or hoax terroristic threat and to provide certain penalties therefor.

     SB 57: FOR AN ACT ENTITLED, An Act to  allow school boards to initiate an election to change the size of the school board and to declare an emergency.

     SB 58: FOR AN ACT ENTITLED, An Act to  establish a nursing workforce center under the direction of the Board of Nursing and to provide funding through a fee assessed upon nursing license renewal.

     SB 81: FOR AN ACT ENTITLED, An Act to  limit the Department of Labor's authority to recommend settlements in labor disputes.

     SB 87: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to open enrollment.

     SB 89: FOR AN ACT ENTITLED, An Act to  allow school boards to initiate a vote relating to the imposition of an excess tax levy and to declare an emergency.

     SB 94: FOR AN ACT ENTITLED, An Act to  permit the posting or display of the United States flag, giving the pledge of allegiance, and singing the national anthem.

     SB 108: FOR AN ACT ENTITLED, An Act to  require the acceptance of certain uniform life insurance and annuity request forms and to revise certain provisions regarding the required disclosure provisions in health insurance policies.

     SB 109: FOR AN ACT ENTITLED, An Act to  exempt certain insurers and intermediaries from mortgage lending licensing.

     SB 110: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of vehicle dealers.

     SB 134: FOR AN ACT ENTITLED, An Act to  revise the authority of the South Dakota Student Loan Corporation and the South Dakota Housing Development Authority regarding private activity bonds.

     SB 136: FOR AN ACT ENTITLED, An Act to  allow state chartered banks to expand their investment options to include certain annuities.

     SB 141: FOR AN ACT ENTITLED, An Act to  authorize total return unitrusts.

     SB 144: FOR AN ACT ENTITLED, An Act to  provide certain financial and employment protections to members of the South Dakota National Guard.

     SB 157: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning who may hold a light wine license.

     SB 165: FOR AN ACT ENTITLED, An Act to  require school systems to allow military recruiters access to students and school facilities.

     SB 167: FOR AN ACT ENTITLED, An Act to  revise the contractor's excise tax provisions for a commercial power production facility.

     SB 180: FOR AN ACT ENTITLED, An Act to  regulate unsolicited electronic commerce.


     SB 184: FOR AN ACT ENTITLED, An Act to  protect the children of South Dakota against sexual exploitation by criminalizing certain conduct involving children and the internet, to provide for civil remedies, to require certain people to report suspected violations, and to revise certain provisions regarding the unlawful use of computers.

     SB 185: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

     And signed the same in the presence of the Senate.

     Sen. Dennert moved that the Senate do now adjourn, which motion prevailed and at 5:10 p.m. the Senate adjourned.

Patricia Adam, Secretary