The prayer was offered by the Chaplain, Brad Urbach, followed by the Pledge of Allegiance led by Senate page Kelly Sanderson.

     Roll Call: All members present.

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

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

     And we hereby move the adoption of the report.

     The Committee on Legislative Procedure respectfully reports that SB 5, 19, 35, 36, 57, 58, 81, 87, 89, 90, 94, 108, 109, 110, 111, 113, 130, 134, 136, 141, 144, 156, 157, 158, 165, 167, 168, 180, 184, 185, and 186 were delivered to his Excellency, the Governor, for his approval at 8:57 a.m., February 22, 2002.

     HB 1078: FOR AN ACT ENTITLED, An Act to  revise certain bond and insurance requirements for trust companies.

     HB 1113: FOR AN ACT ENTITLED, An Act to  require the Department of Corrections to seek membership in the Performance-based Standards Project.

     HB 1116: FOR AN ACT ENTITLED, An Act to  prohibit a person from being on the general election ballot for President or vice-president and another office.

     HB 1120: FOR AN ACT ENTITLED, An Act to  appropriate funds from the special racing revolving fund and the South Dakota-bred racing fund.

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

     HB 1164: FOR AN ACT ENTITLED, An Act to  abrogate the loss of chance doctrine as set forth in Jorgenson v. Vener.

     HB 1195: FOR AN ACT ENTITLED, An Act to  increase the amount transferred to the budget reserve fund.

     HB 1198: FOR AN ACT ENTITLED, An Act to  provide for a maximum amount in the property tax reduction fund.

     HB 1221: FOR AN ACT ENTITLED, An Act to  revise the date for filing certain certificates of nomination.

     HB 1237: FOR AN ACT ENTITLED, An Act to  amend the General Appropriations Act for fiscal year 2002.

     HB 1240: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

     HB 1258: FOR AN ACT ENTITLED, An Act to  establish a tuition reimbursement program for nurses.

     HB 1279: FOR AN ACT ENTITLED, An Act to  establish the South Dakota Municipal Facilities Authority, to provide for the establishment of one or more special purpose corporations by the South Dakota Municipal Facilities Authority, to establish the powers of the South Dakota Municipal Facilities Authority and each such corporation, including the power to acquire, own, lease, sublease and dispose of certain land, improvements and capital equipment comprising all or a portion of any municipal facilities, including any system or part of a system of waterworks, sewage or waste disposal, and to establish or confirm the powers and liabilities of the state, the Department of Environment and Natural Resources, the Board of

Water and Natural Resources, the South Dakota Conservancy District and municipalities and other public entities of the state in connection therewith.

     HB 1291: FOR AN ACT ENTITLED, An Act to  revise the requirements for obtaining a specialty license plate organizational decal.

     HB 1295: FOR AN ACT ENTITLED, An Act to  provide for the voters' consideration of a proposed constitutional amendment to Article XVII in June 2002, to make an appropriation therefor, and to declare an emergency.

     HB 1296: FOR AN ACT ENTITLED, An Act to  amend the General Appropriations Act for fiscal year 2002.

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

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

     HJR 1009: A JOINT RESOLUTION, Proposing and submitting to the electors at the June 2002 primary election amendments to Article XVII of the Constitution of the State of South Dakota, relating to restrictions on corporate farming.

     And signed the same in the presence of the Senate.

     Excused:
de Hueck; Drake; Everist; Putnam; Sutton (Dan); Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1028 was concurred in.

     Nays:
Apa; Greenfield; Koskan; Madden; Staggers

     Excused:
de Hueck; Drake; Everist; Putnam; Sutton (Dan)

     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. Brosz moved that the Senate do not concur in House amendments to SB 166 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. Brosz, Apa, and Dennert.

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1024, 1052, 1135, 1160, and 1283.

" in public or private institutions for the mentally ill and shall be of a good moral character meet at least one of the following requirements:

     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); Duxbury; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Drake; Everist

     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; Greenfield; Staggers

     Excused:
Drake; Everist

     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.

     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.

     On page 1 of the House Judiciary Committee engrossed bill, delete line 6 and insert:

    "(1)    The abduction or enticement of a husband from his wife or of a parent from his a child;"

    On page 1, delete lines 10 to 12 , inclusive, and insert:

    " (4)    The seduction of a husband, son, or orphan brother ."

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

     Excused:
Drake; Everist

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

     The question now being on Sen. McCracken's motion that the report of the Conference Committee on HB 1160 be adopted.

     And the roll being called:

     Yeas 21, Nays 12, Excused 2, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Greenfield; Ham; Koetzle; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Apa; Bogue; de Hueck; Dennert; Duxbury; Hagen; Hutmacher; Kleven; McIntyre; Moore; Reedy; Symens

     Excused:
Drake; Everist

     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.

    "Section 1. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     Section 4. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     Section 5. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     Section 6. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

Session Laws to value agricultural land in the remaining counties. The secretary shall submit a report detailing the information collected to the Governor and the Seventy-eighth Legislature.

     Section 4. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Revenue for the purpose of conducting a pilot study concerning the use of agricultural income value as a means to value agricultural land.

     Section 5. The secretary of the Department of Revenue shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 6. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2003, shall revert in accordance with §  4-8-21.

     Section 7. Whereas, sections 3 to 6, inclusive, of this Act are necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and sections 3 to 6, inclusive, of this Act shall be in full force and effect from and after its passage and approval."

    "Section 1. That § 29A-5-106 be amended to read as follows:

     29A-5-106.   Custody of a child may be sought by a person other than the parent under this chapter and the substantive law of this state. A person other than the parent may not use this chapter to seek custody if a proceeding is pending pursuant to chapter 25-3, 25-4, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, or 26-8C, or if the child is subject to the continuing jurisdiction of another court. Nothing in this chapter affects the provisions of chapters 25-4, 25-5, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C relating to the appointment of guardians and conservators and the administration of guardianships and conservatorships for children who have been adjudicated to be delinquent, abused, neglected, or in need of supervision. Nor may anything in this chapter affect the provisions of Title 27A, relating to individuals with mental illnesses. In the event of any inconsistency or conflict, the provisions of chapters 25-4, 25-5, 25- 5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C or of Title 27A shall control, and the provisions of this chapter are in all respects to be supplementary thereto. A petition pursuant to this chapter seeking custody by a person other than the parent shall be dismissed if an action concerning the child is filed pursuant to chapter 26-7A, 26-8A, 26-8B, or 26-8C. If, while a guardianship petition pursuant to this chapter seeking custody by a person other than the parent is pending, an action is commenced pursuant to chapter 25-4, 25-5, 25-5A, 25-6, or 25-8, the court may, in its discretion, dismiss the guardianship proceeding and defer the child custody matter to the other proceeding or considering the stage of the proceedings, judicial economy, and best interests of the child, retain jurisdiction and establish the guardianship, or enter an appropriate protection order pending resolution of the pending proceedings.

     Section 2. That chapter 29A-5 be amended by adding thereto a NEW SECTION to read as follows:

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 SJR 5 and has reappointed Reps. McCaulley, Pitts, 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.

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1273 and has reappointed Reps. Duniphan, Napoli, and Nachtigal 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.

    "Section 1. The Executive Board of the Legislative Research Council shall appoint a special interim committee to study Article III and related legislative provisions of the South Dakota Constitution during the 2002 and 2003 legislative interims. The membership of the special interim committee shall consist of nine current legislators and six South Dakota citizens who are not currently serving in the Legislature. Each member is eligible to serve throughout the duration of the special interim committee; but the executive board may make new appointments if any vacancy occurs. Lay members of the special interim committee shall be compensated in the same manner as legislative members. The committee shall make recommendations to the 2004 Legislature regarding any constitutional provision concerning the Legislature or the legislative process, including, but not limited to, the length of legislative sessions, legislator term limits, the legislative redistricting process, legislator conflicts of interest, the appropriations and the interim appropriations processes, special vote requirements, and the powers and duties of the Legislature."