JOURNAL OF THE HOUSE

SEVENTY-NINTH SESSION  



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 26, 2004

     The House convened at 9:00 a.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of Allegiance led by House page Rachel Knust.

     Roll Call: All members present except Rep. Van Gerpen who was excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House 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.

Respectfully submitted,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS

    Rep. Hanson introduced Leah Kouba, 2004 South Dakota Snow Queen, from Milbank, South Dakota, and Loren Olson, 2004 South Dakota Jr. Snow Queen, from Waubay, South Dakota.

COMMUNICATIONS AND PETITIONS

February 25, 2004

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bill 1134, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds

Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 11 and has appointed Sens. Earley, Greenfield, and Dennert as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Schoenbeck, Kurtenbach, and Dan Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1091.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. McCracken, Kelly, and Koetzle as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1182.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. de Hueck, Albers, and Nachtigal as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1248.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1021   Introduced by:  Representatives Bradford, Bartling, Burg, Elliott, Engels, Garnos, Gassman, Gillespie, Glenski, Hackl, Hanson, Hargens, Hundstad, Kroger, Lange, Miles, Nesselhuf, Olson (Mel), Peterson (Jim), Sigdestad, Thompson, Valandra, and Van Norman and Senators Nachtigal, Dennert, Duxbury, Kleven, Kloucek, Kooistra, Moore, Reedy, Sutton (Dan), and Symens

         A CONCURRENT RESOLUTION,  Urging the Governor to ensure the availability of state funds to provide for motor fuel tax refunds to members of the Oglala Sioux Tribe.

     WHEREAS,  pursuant to the ruling in Pourier vs. the State of South Dakota, there has been a legal determination that a considerable sum of money was illegally collected from Lakota people on the Pine Ridge Reservation; and

     WHEREAS,  the reimbursement mechanism provided by the Supreme Court is unlikely to provide for the equitable reimbursement of the revenue to the rightful owners; and

     WHEREAS,  it is not yet clear what combination of judicial, executive, and legislative actions will be necessary to provide for a just and equitable settlement:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that Governor Rounds be urged to sequester four million dollars, or so much thereof as may be necessary, to ensure the prompt refund of motor fuel taxes to the Lakota people or their tribal government immediately upon a resolution of the differences of the parties over repayment of the motor fuel revenues.

     Was read the first time and the Speaker waived the committee referral.

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Friday, February 27th, the 34th legislative day.

    Which motion prevailed.


ANNOUNCEMENTS

     The Speaker appointed Reps. Bill Peterson, Fryslie, and Nesselhuf 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 11.

     The Speaker appointed Reps. Bill Peterson, Rounds, and 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 on SB 112.

     The Speaker appointed Reps. Teupel, Dykstra, and Hargens 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 169.

     The Speaker appointed Reps. Rhoden, Smidt, 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 206.

     The Speaker appointed Reps. Hunhoff, Buckingham, and Glenski 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 213.

     Rep. Bill Peterson moved that the House do now recess until 10:30 a.m., which motion prevailed and at 9:13 a.m., the House recessed.

RECESS


     The House reconvened at 10:30 a.m., the Speaker Pro tempore presiding.

    There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1091 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1091 be amended as follows:

     On page 1, line 12 of the Senate engrossed bill, delete " undergraduate " and insert "graduate".

Respectfully submitted,                 Respectfully submitted,
Hal Wick                            Lee Schoenbeck
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 54.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 86 and has appointed Sens. Knudson, de Hueck, and Dennert as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Bill Peterson moved that HCR 1020 be placed to precede HB 1311 on today's calendar.

     Which motion prevailed and the resolution was so placed.

     Rep. Bill Peterson moved that HCR 1020 be laid on the table.

     The question being on Rep. Bill Peterson's motion that HCR 1020 be laid on the table.

     And the roll being called:

     Yeas 54, Nays 1, Excused 15, Absent 0

     Yeas:
Begalka; Bradford; Buckingham; Christensen; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; Olson (Mel); Olson (Ryan); Peterson (Bill); Peterson (Jim); Rave; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick

     Nays:
Speaker Michels

     Excused:
Adelstein; Bartling; Burg; Cradduck; Elliott; Glenski; Juhnke; Klaudt; O'Brien; Pederson (Gordon); Putnam; Rhoden; Smidt; Van Gerpen; Williamson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1020 was tabled.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Bill Peterson moved that SB 86 be placed to precede HB1062 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Hanson moved that the House do not adopt the report of the Conference Committee on SB 86 and that a new committee on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Hanson, Lintz, and Frost.

     Rep. Hunhoff moved that the House do now recess until 2:00 p.m., which motion prevailed and at 10:50 a.m., the House recessed.

RECESS


     The House reconvened at 2:00 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1182 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.
    
Respectfully submitted,                 Respectfully submitted,
Donna Schafer                        Royal "Mac" McCracken
House Committee Chair                Senate Committee Chair

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1248 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1248 be amended as follows:

     On page 1, line 7 of the Senate engrossed bill, after " township " insert " , or unorganized township, ".

     On page 1 , line 12, after " duties " insert " , as applicable, ".

     On page 1 of the Senate engrossed bill, delete line 2 and insert "to levy special assessments to maintain and improve certain public rights-of-way.".

Respectfully submitted,                 Respectfully submitted,
Tim Rounds                            Patricia de Hueck
House Committee Chair                Senate Committee Chair

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 28 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with House amendments to SB 28 and do not appoint a new committee.

Respectfully submitted,                 Respectfully submitted,
Bill Peterson                            Eric H. Bogue
House Committee Chair                Senate Committee Chair

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 112 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 112 be amended as follows:

     On page 4, after line 12 of the House State Affairs Committee engrossed bill, insert:

"      Section 5. This Act is repealed June 30, 2007.".


Respectfully submitted,                 Respectfully submitted,
Bill Peterson                            Eric H. Bogue
House Committee Chair                Senate Committee Chair

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 206 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 206 and do appoint a new committee.

Respectfully submitted,                 Respectfully submitted,
Larry Rhoden                        Ed Olson
House Committee Chair                Senate Committee Chair

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 213 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                 Respectfully submitted,
Jean M. Hunhoff                        Arlene H. Ham-Burr
House Committee Chair                Senate Committee Chair

MOTIONS AND RESOLUTIONS

     Rep. Hunhoff moved that the House do concur in Senate amendments to HB 1311.

     The question being on Rep. Hunhoff's motion that the House do concur in Senate amendments to HB 1311.

     And the roll being called:

     Yeas 55, Nays 12, Excused 3, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Glenski; Hanson; Hargens; Haverly; Heineman; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Speaker Michels

     Nays:
Buckingham; Gillespie; Hackl; Hennies; Kroger; McCaulley; O'Brien; Olson (Mel); Smidt; Weems; Wick; Williamson

     Excused:
Adelstein; Putnam; Van Gerpen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     HCR 1019:   A CONCURRENT RESOLUTION,   Requesting the United States Forest Service to quickly address the poor health of the Black Hills National Forest.

     Rep. Teupel moved that HCR 1019 as found on pages 786 and 787 of the House Journal be adopted.

     The question being on Rep. Teupel's motion that HCR 1019 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein; Putnam; Van Gerpen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1019 was adopted.


     HCR 1022   Introduced by:  Representatives Peterson (Bill), Christensen, Cradduck, Cutler, Engels, Glenski, Heineman, Madsen, McCaulley, Miles, Murschel, Thompson, Weems, Wick, and Williamson and Senators Kelly, Abdallah, Dempster, Earley, Jaspers, Knudson, and Koetzle

         A CONCURRENT RESOLUTION,  Recognizing and commending the Sioux Falls Lincoln High School Patriot Marching Band for its invitation to participate in the 2005 Rose Parade.

     WHEREAS,  the Sioux Falls Lincoln High School Patriot Marching Band, under the direction of Mr. Bob Carlson and Mr. Dan Carlson, has been invited to perform in the 116th Pasadena Tournament of Roses Parade to be held on January 1, 2005, in Pasadena, California; and

     WHEREAS,  seventeen bands from around the world have been invited to march in the Rose Parade. An invitation to appear in the Rose Parade is a considerable achievement for any band, high school or college, and the members of the Lincoln Patriot Marching Band are to be commended for their selection; and

     WHEREAS,  nearly 350 band members will participate in the 2005 Rose Parade, with an additional 600 adults and family members also scheduled to attend, a Sioux Falls contingent of nearly 1000 people; and

     WHEREAS,  activities in addition to the Rose Parade appearance and related field competition are also planned. The band will perform at other locations in southern California to showcase their skills. These appearances will provide the Lincoln Patriot Marching Band with educational opportunities and with the opportunity to serve as ambassadors for the Sioux Falls schools, the community of Sioux Falls, and the people of South Dakota; and

     WHEREAS,  preparations for next year's Rose Parade appearance and for next year's marching season have already begun. Band members begin with sectional practices during the summer, followed by marching band practice, known as Spat Camp, beginning in mid-August from 8 a.m. to 4 p.m daily. When school begins, marching band practice starts at 6:50 a.m. each day through the end of October; and

     WHEREAS,  the Rose Parade trip, which costs approximately $700 to $800 per student, is completely funded by the students with fund raising efforts, and each student and family is responsible for their own financial commitment to the trip; and

     WHEREAS,  this is the third trip to the Rose Parade for the Sioux Falls Lincoln High School Patriot Marching Band, with previous performances in 1992 and 1998:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature commends the Sioux Falls Lincoln High School Patriot Marching Band for its invitation to perform at the 2005 Tournament of Roses Parade in Pasadena, California, and urges the members of the Patriot Marching Band to continue in their tradition of musical and performing excellence as they represent their school, their community, and their state.

     Was read the first time and the Speaker waived the committee referral.


CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Gordon Pederson moved that the report of the Conference Committee on HB 1062 as found on page 777 of the House Journal be adopted.

     Rep. Bartling moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1062 and that a new committee be appointed.

     Which motion lost.

     The question being on Rep. Gordon Pederson's motion that the report of the Conference Committee on HB 1062 be adopted.

     And the roll being called:

     Yeas 45, Nays 21, Excused 4, Absent 0

     Yeas:
Begalka; Buckingham; Christensen; Cradduck; Cutler; Davis; Dykstra; Frost; Fryslie; Garnos; Hackl; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Koistinen; Konold; Kraus; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Valandra; Van Etten; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bartling; Bradford; Burg; Deadrick (Thomas); Elliott; Engels; Gassman; Gillespie; Glenski; Hanson; Hargens; Hundstad; Klaudt; Kroger; Lange; Miles; Olson (Mel); Peterson (Jim); Sigdestad; Thompson; Van Norman

     Excused:
Adelstein; Putnam; Teupel; Van Gerpen

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

     Rep. Wick moved that the report of the Conference Committee on HB 1091 as found on page 812 of the House Journal be adopted.

     The question being on Rep. Wick's motion that the report of the Conference Committee on HB 1091 be adopted.

     And the roll being called:

     Yeas 58, Nays 1, Excused 11, Absent 0


     Yeas:
Begalka; Bradford; Buckingham; Christensen; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Speaker Michels

     Nays:
Engels

     Excused:
Adelstein; Bartling; Burg; Cradduck; Glenski; Klaudt; Putnam; Smidt; Teupel; Van Gerpen; Williamson

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

     Rep. Schafer moved that the report of the Conference Committee on HB 1182 as found on page 815 of the House Journal be adopted.

     The question being on Rep. Schafer's motion that the report of the Conference Committee on HB 1182 be adopted.

     And the roll being called:

     Yeas 51, Nays 8, Excused 11, Absent 0

     Yeas:
Begalka; Bradford; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Fryslie; Garnos; Gassman; Gillespie; Hackl; Hanson; Hargens; Heineman; Hennies; Hunhoff; Juhnke; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Thompson; Valandra; Van Etten; Van Norman; Wick; Speaker Michels

     Nays:
Buckingham; Christensen; Frost; Haverly; Hundstad; McCaulley; O'Brien; Weems

     Excused:
Adelstein; Bartling; Burg; Cradduck; Glenski; Klaudt; Putnam; Smidt; Teupel; Van Gerpen; Williamson

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


      Rep. Rounds moved that the report of the Conference Committee on HB 1248 as found on page 815 of the House Journal be adopted.

     The question being on Rep. Rounds' motion that the report of the Conference Committee on HB 1248 be adopted.

     And the roll being called:

     Yeas 63, Nays 0, Excused 7, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Adelstein; Cradduck; Klaudt; Putnam; Teupel; Van Gerpen; Williamson

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

     Rep. Bill Peterson moved that the House do not adopt the report of the Conference Committee on SB 28 and that no committee be appointed.

     Rep. Rhoden moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 28 and that the same committee be reappointed.

     Which motion prevailed and the Speaker reappointed as such committee Reps. Bill Peterson, Frost, and Mel Olson.

     Rep. Bill Peterson moved that the report of the Conference Committee on SB 112 as found on page 816 of the House Journal be adopted.

     The question being on Rep. Bill Peterson's motion that the report of the Conference Committee on SB 112 be adopted.

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Cradduck; Frost; Hanson; Klaudt; Lintz; Putnam; Van Gerpen; Williamson

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

     Rep. Rhoden moved that the House do not adopt the report of the Conference Committee on SB 206 and that the same committee be reappointed.

     Which motion prevailed and the Speaker reappointed as such committee Reps. Rhoden, Smidt, and Elliott.

     Rep. Hunhoff moved that the report of the Conference Committee on SB 213 as found on page 816 of the House Journal be adopted.

     The question being on Rep. Hunhoff's motion that the report of the Conference Committee on SB 213 be adopted.

     And the roll being called:

     Yeas 42, Nays 19, Excused 9, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Deadrick (Thomas); Elliott; Engels; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hargens; Hennies; Hundstad; Hunhoff; Juhnke; Koistinen; Kroger; Lange; LaRue; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Rave; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Norman; Speaker Michels

     Nays:
Buckingham; Christensen; Cutler; Dykstra; Haverly; Heineman; Konold; Kraus; Madsen; McCaulley; McCoy; McLaughlin; Peterson (Bill); Rhoden; Rounds; Smidt; Van Etten; Weems; Wick


     Excused:
Adelstein; Cradduck; Frost; Hanson; Klaudt; Lintz; Putnam; Van Gerpen; Williamson

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

    There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 28 and has appointed Sens. Bogue, Abdallah, and Reedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 206 and has appointed Sens. Olson, Ham-Burr, and Moore as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1031, 1052, 1087, 1158, 1191, 1202, 1218, 1228, 1297, 1298, and HJR 1003 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1001, 1053, 1123, 1145, 1159, 1211, 1227, 1231, 1282, and 1283 were delivered to his Excellency, the Governor, for his approval at 8:08 a.m., February 26, 2004.


 Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1068, 1081, 1180, 1275, 1308, and 1312 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 26, 2004.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1031: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2004 for the Departments of Social Services, Education, Corrections, and Human Services.

     HB 1052: FOR AN ACT ENTITLED, An Act to  revise the premium tax on certain small life insurance policies.

     HB 1087: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district.

     HB 1158: FOR AN ACT ENTITLED, An Act to  prohibit the taking of certain pictures of another without that person's consent and to provide a penalty therefor.

     HB 1191: FOR AN ACT ENTITLED, An Act to  establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life and to prescribe a penalty therefor.

     HB 1202: FOR AN ACT ENTITLED, An Act to  create a task force to study state and local government.

     HB 1218: FOR AN ACT ENTITLED, An Act to  require the Department of Health to provide certain information to the Legislature regarding the funding for tobacco use prevention and reduction programs.

     HB 1228: FOR AN ACT ENTITLED, An Act to  provide for interstate contracts for the treatment of individuals with mental illness or chemical dependency and to declare an emergency.

     HB 1297: FOR AN ACT ENTITLED, An Act to  restrict the alienation of public state real property to the federal government.

     HB 1298: FOR AN ACT ENTITLED, An Act to  establish one rate for the telephone gross receipts tax and to provide uniform methods to administer the tax.


     HJR 1003: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to authorize the provision of certain services to all children of school age.

     SB 34: FOR AN ACT ENTITLED, An Act to  require health carriers to offer certain deductible options for certain health benefit plans.

     SB 54: FOR AN ACT ENTITLED, An Act to  provide for the inclusion of certain information on required abortion reports and to clarify the confidential nature of the information.

     SB 85: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the approval of airports.

     SB 99: FOR AN ACT ENTITLED, An Act to  revise certain statutes governing trusts and powers of attorney.

     SB 108: FOR AN ACT ENTITLED, An Act to  clarify certain provisions concerning the residency requirements for state's attorneys in certain small counties.

     SB 123: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the county wheel tax.

     SB 147: FOR AN ACT ENTITLED, An Act to  define the term, autopsy.

     SB 150: FOR AN ACT ENTITLED, An Act to  appropriate money to enhance the quality of education in the state.

     SB 154: FOR AN ACT ENTITLED, An Act to  revise certain filing fees collected by the secretary of state.

     SB 185: FOR AN ACT ENTITLED, An Act to  authorize counties to employ attorneys with specialized expertise and to validate prior actions in that regard.

     SB 209: FOR AN ACT ENTITLED, An Act to  authorize certain municipalities to provide housing for police officers.

     And signed the same in the presence of the House.

     Rep. Hunhoff moved that the House do now recess until 4:30 p.m., which motion prevailed and at 3:11 p.m., the House recessed.

RECESS


     The House reconvened at 4:30 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

February 26, 2004

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bills 1007, 1009, 1015, 1018, 1028, 1030, 1042, 1049, 1070, 1071, 1072, 1076, 1077, 1088, 1090, 1099, 1103, 1108, 1111, 1112, 1117, 1118, 1122, 1130, 1133, 1137, 1141, 1142, 1144, 1146, 1153, 1176, 1186, 1188, 1196, 1203, 1207, 1212, 1213, 1217, 1234, 1237, 1238, 1243, 1267, 1273, 1295, and 1300, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds

Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1311 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1311: FOR AN ACT ENTITLED, An Act to  provide for the regulation of pharmacy benefits management.

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 4:38 p.m. the House adjourned.

Karen Gerdes, Chief Clerk