House Journal 03/04/2005 9:00 AM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

THIRTY-NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 4, 2005

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

The prayer was offered by the Chaplain, Father Tom Cool, followed by the Pledge of Allegiance led by House pages Katie Harding and Cindy Kranz.

Roll Call: All members present.

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-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,

Matthew Michels, Chair

Which motion prevailed and the report was adopted.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has sustained the veto of the Governor on HB 1100.

Respectfully,
Patricia Adam, Secretary

Rep. Dykstra moved that the House do now recess until 11:00 a.m., which motion prevailed and at 9:07 a.m., the House recessed.

RECESS

The House reconvened at 11:00 a.m., the Speaker Pro tempore presiding.

Rep. Dykstra moved that the House do now recess until 2:00 p.m., which motion prevailed and at 11:01 a.m., the House recessed.

RECESS

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Cutler moved that the report of the Conference Committee on SB 43 as found on page 765 of the House Journal be adopted.

The question being on Rep. Cutler's motion that the report of the Conference Committee on SB 43 be adopted.

And the roll being called:

Yeas 65, Nays 5, Excused 0, Absent 0

Yeas:
Boomgarden; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Brunner; Davis; Hackl; Klaudt

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.

Cc1028A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1028 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1028 be amended as follows:

On page 1 of the Senate engrossed bill, delete lines 5 to 10 , inclusive.

On page 2 , line 7, delete " , or so much thereof as may be necessary " .

On page 2 , line 14, overstrike " The " and insert " For eligible students who are freshmen in either the 2004 or 2005 academic year, the ".

On page 2 , line 18, remove the overstrikes from " ~~Two~~ " and delete " One ".

On page 2 , line 22, remove the overstrikes from " ~~five~~ " and delete " four ".

On page 2 , between lines 23 and 24, insert:

For eligible students who are freshmen in the 2006 academic year or later, the amount of the annual award shall be as follows:

(1) One thousand dollars for the first year of attendance;

(2) One thousand dollars for the second year of attendance;

(3) One thousand dollars for the third year of attendance;

(4) One thousand dollars for the fourth year of attendance.

The total amount of the scholarship may not exceed four thousand dollars. ".

On page 3 , delete lines 6 to 8 , inclusive, and insert:

" Section 4. Section 1 of this Act shall take effect on July 1, 2006.".

Respectfully submitted,             Respectfully submitted,
J.E. "Jim" Putnam                Jerry Apa
House Committee Chair            Senate Committee Chair

Rep. Putnam moved that the report of the Conference Committee on HB 1028 be adopted.

Rep. Rave moved the previous question.

Which motion prevailed.

The question being on Rep. Putnam's motion that the report of the Conference Committee on HB 1028 be adopted.

And the roll being called:

Yeas 59, Nays 11, Excused 0, Absent 0

Yeas:
Boomgarden; Brunner; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Buckingham; Dennert; Gassman; Haley; Hargens; Kroger; Murschel; Tornow; Valandra; Van Norman

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

Rep. Rhoden moved that the consideration of the report of the Conference Committee on HB 1067 be placed to follow SB 157 on today's calendar.

Which motion prevailed and the bill was so placed.

Rep. Rhoden moved that the consideration of the Conference Committee report on SB 67 be immediately considered.

Which motion prevailed.

Cc67A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 67 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 67 be amended as follows:

On page 28, line 17 of the House Judiciary Committee engrossed bill, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 28 , delete lines 18 to 20 , inclusive.

On page 28 , line 21, delete " substance listed in Schedule I or II is a Class 2 felony " .

On page 28 , line 21, delete " of more than " .

On page 28 , line 22, delete " one pound " .

On page 28 , line 22, delete " ~~Class 2~~ Class 1 " and insert "Class 2".

On page 31 , line 15, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 31 , delete lines 16 and 17 .

On page 31 , line 18, delete everything before " . " .

On page 33, line 16, remove the overstrikes from " ~~one thousand~~ " and delete " six hundred ".

On page 33, line 20, remove the overstrikes from " ~~The sentence imposed for a conviction under this section carries a~~ " .

On page 33 , remove the overstrikes from lines 21 to 24 , inclusive.

On page 34 , remove the overstrikes from lines 1 to 5 , inclusive.

On page 35, line 9, delete " , including speeding " .

On page 35 , remove the overstrikes from line 10 .

On page 46, after line 6, insert:

" Section 105. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

A first conviction under § 22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under § 22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under § 22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor shall be punished by a mandatory sentence in the state penitentiary of at least fifteen years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty , including nolo contendere, or a finding of guilt by a jury or court.

The sentencing court may impose a sentence other than that which is required by this section if the court finds that the defendant provided timely and effective cooperation to law enforcement. The factual basis finding timely and effective cooperation with law enforcement must be made in writing.

Section 106. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

A conviction under § 22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under § 22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state penitentiary or county jail of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under § 22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state penitentiary of at least ninety days, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section.

A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.

Respectfully submitted,             Respectfully submitted,
Sean M. O'Brien                    Lee Schoenbeck
House Committee Chair            Senate Committee Chair

Rep. O'Brien moved that the House do not adopt the report of the Conference Committee on SB 67 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 reappointed as such committee Reps. O'Brien, Cutler, and Gillespie.

Rep. Rhoden moved that the consideration of the Conference Committee report on HB 1222 be immediately considered.

Which motion prevailed.

Cc1222

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1222 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1222 be amended as follows:

On page 1, line 11 of the Senate Judiciary Committee engrossed bill, delete " his or her " and insert "any".

On page 2, line 1, delete " his or her " and insert "any".

Respectfully submitted,             Respectfully submitted,
Sean M. O'Brien                    Ed Olson
House Committee Chair            Senate Committee Chair

Rep. O'Brien moved that the House do not adopt the report of the Conference Committee on HB 1222 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 reappointed as such committee Reps. O'Brien, Murschel, and Gillespie.

Cc1220A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1220 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1220 be amended as follows:

On page 1, line 6 of the Senate engrossed bill, delete everything after " of " and insert "three million six thousand nine hundred sixty dollars ($3,006,960)".

On page 1 , line 7, delete " hundred seventy-one dollars ($2,758,771) " .

On page 3, after line 23, insert:

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

For fiscal year 2005, any money appropriated for state aid to general education not expended or obligated pursuant to this chapter is not subject to reversion pursuant to § 4-8-19 and shall be reappropriated for state aid to general education for fiscal year 2006.".

On page 1, line 1, after " education " insert ",".

On page 1 , line 2, delete " and " and insert "to".

On page 1 , line 2, after " therefor " insert ", and to exempt from reversion certain funds appropriated for state aid to education".

Respectfully submitted,             Respectfully submitted,
Larry Rhoden                    Dave Knudson
House Committee Chair            Senate Committee Chair

Rep. Rhoden moved that the report of the Conference Committee on HB 1220 be adopted.

Rep. Kraus moved the previous question.

Which motion prevailed.

The question being on Rep. Rhoden's motion that the report of the Conference Committee on HB 1220 be adopted.

And the roll being called:

Yeas 53, Nays 17, Excused 0, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glover; Haley; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

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.

Cc1260A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1260 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1260 be amended as follows:

On page 3, line 17 of the Senate engrossed bill, delete " five hundred " and insert "two hundred fifty".

On page 3 , line 18, delete " ($500,000) " and insert "($250,000)".

On page 8, line 17, delete " establish " and insert "propose".

Respectfully submitted,             Respectfully submitted,
Roger W. Hunt                    John Koskan
House Committee Chair            Senate Committee Chair

Rep. Hunt moved that the report of the Conference Committee on HB 1260 be adopted.

Rep. Van Etten moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1260 and that no new committee be appointed.

The question being on Rep. Van Etten's substitute motion to not adopt the report of the Conference Committee on HB 1260 and to not appoint a new committee.

And the roll being called:

Yeas 23, Nays 43, Excused 4, Absent 0

Yeas:
Boomgarden; Davis; Dennert; Frost; Fryslie; Hargens; Haverly; Heineman; Hills; Hunhoff; Kroger; McCoy; McLaughlin; Pederson (Gordon); Peters; Putnam; Rounds; Sebert; Tidemann; Tornow; Valandra; Van Etten; Speaker Michels

Nays:
Bradford; Brunner; Buckingham; Deadrick; Dykstra; Elliott; Faehn; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hennies; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; Miles; Nelson; Novstrup; Olson (Ryan); Rausch; Rave; Rhoden; Roberts; Schafer; Sigdestad; Street; Thompson; Turbiville; Van Norman; Vehle; Weems; Wick; Willadsen

Excused:
Cutler; Gillespie; Murschel; O'Brien

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

The question being on Rep. Hunt's motion that the report of the Conference Committee on HB 1260 be adopted.

And the roll being called:

Yeas 44, Nays 23, Excused 3, Absent 0

Yeas:
Bradford; Brunner; Buckingham; Deadrick; Dennert; Dykstra; Elliott; Faehn; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hennies; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; Miles; Nelson; Novstrup; Olson (Ryan); Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Turbiville; Van Norman; Vehle; Wick; Willadsen

Nays:
Boomgarden; Davis; Frost; Fryslie; Hargens; Haverly; Heineman; Hills; Hunhoff; Kroger; McCoy; McLaughlin; Murschel; Pederson (Gordon); Peters; Putnam; Rounds; Tidemann; Tornow; Valandra; Van Etten; Weems; Speaker Michels

Excused:
Cutler; Gillespie; O'Brien

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

Rep. Hunt announced his intention to reconsider the vote by which HB 1260 lost.

Cc6A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 6 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all House amendments be deleted, thus restoring the bill to its printed version.

Respectfully submitted,             Respectfully submitted,
Ted A. Klaudt                    William F. Earley
House Committee Chair            Senate Committee Chair

Rep. Klaudt moved that the report of the Conference Committee on SB 6 be adopted.

The question being on Rep. Klaudt's motion that the report of the Conference Committee on SB 6 be adopted.

And the roll being called:

Yeas 26, Nays 41, Excused 3, Absent 0

Yeas:
Bradford; Brunner; Buckingham; Davis; Elliott; Gassman; Glenski; Glover; Hackl; Hanks; Hargens; Haverly; Heineman; Klaudt; Koistinen; Kroger; Lange; Miles; Peters; Putnam; Rausch; Thompson; Vehle; Weems; Wick; Willadsen

Nays:
Boomgarden; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Haley; Halverson; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Speaker Michels

Excused:
Cutler; Gillespie; O'Brien

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

Rep. Hennies moved that the House do not adopt the report of the Conference Committee on SB 6 and that no new committee be appointed.

The question being on Rep. Hennies' motion to not adopt the report of the Conference Committee on SB 6 and to not appoint a new committee.

And the roll being called:

Yeas 47, Nays 20, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Buckingham; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Glover; Haley; Halverson; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Speaker Michels

Nays:
Brunner; Davis; Elliott; Gassman; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Klaudt; Kroger; Miles; Peters; Rausch; Thompson; Van Etten; Weems; Wick; Willadsen

Excused:
Cutler; Gillespie; O'Brien

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

Cc157A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 157 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 157 be amended as follows:

On page 1, line 8 of the House engrossed bill, after " include " insert ", but is not limited to".

On page 1 , line 14, after " decline " insert "or increase".

On page 1 , line 15, after " ; " delete " and " .

On page 2 , line 1, delete " . " and insert "; and".

On page 2 , after line 1, insert "(7) Transportation services and costs.".

On page 2, line 4 of the House engrossed bill, after " districts. " insert "The members shall be appointed by the Executive Board of the Legislative Research Council and shall include at least one member from each party from both the Senate and the House of Representatives.".

On page 2 , delete lines 8 to 24 , inclusive.

Delete pages 3 to 5 .

On page 6 , delete lines 1 to 8 , inclusive.

On page 6, delete lines 9 to 13 , inclusive.

On page 1, line 1, delete everything after " An Act to " and insert "direct the Department of Education to undertake a study of school funding.".

On page 1 , delete lines 2 to 4 , inclusive.

Respectfully submitted,             Respectfully submitted,
Joel D. Dykstra                    Clarence Kooistra
House Committee Chair            Senate Committee Chair

Rep. Dykstra moved that the report of the Conference Committee on SB 157 be adopted.

The question being on Rep. Dykstra's motion that the report of the Conference Committee on SB 157 be adopted.

And the roll being called:

Yeas 56, Nays 10, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Fryslie; Garnos; Glenski; Glover; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Dennert; Elliott; Frost; Gassman; Haley; Hargens; Pederson (Gordon); Sigdestad; Valandra; Van Norman

Excused:
Cutler; Gillespie; Hennies; O'Brien

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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1028, 1067, 1220, and 1260.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 6 and 157.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HCR 1022 was lost on second reading and final passage.

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 67 and no new committee was appointed.

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 HB 1222 and has appointed Sens. Schoenbeck, Moore, and Olson 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Schoenbeck, Bogue, and Koetzle as a committee of three on the part of the Senate to meet with a new committee on the part of the House to adjust the differences between the two houses on SB 67.

Respectfully,
Patricia Adam, Secretary

COMMUNICATIONS AND PETITIONS

March 4, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 3, 2005, I approved House Bills 1018, 1052, 1053, 1056, 1118, 1150, 1154, 1197, and 1234, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 4, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 4, 2005, I approved House Bills 1005, 1025, 1051, 1142, 1158, 1194, and 1244, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Rep. Rhoden moved that the House do now recess until 5:30 p.m., which motion prevailed and at 4:57 p.m., the House recessed.

RECESS

The House reconvened at 5:30 p.m., the Speaker presiding.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

(continued)

Rep. Hunt moved that the House do now reconsider the vote by which HB 1260 lost.

The question being on Rep. Hunt's motion to reconsider the vote by which HB 1260 lost.

And the roll being called:

Yeas 47, Nays 22, Excused 1, Absent 0

Yeas:
Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hennies; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Rausch; Rave; Rhoden; Roberts; Schafer; Sigdestad; Street; Thompson; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Boomgarden; Davis; Frost; Fryslie; Gillespie; Hargens; Haverly; Heineman; Hills; Hunhoff; Kroger; McLaughlin; Murschel; O'Brien; Pederson (Gordon); Peters; Putnam; Rounds; Sebert; Tidemann; Tornow; Van Etten

Excused:
Van Norman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1260 was up for reconsideration and final passage.

Rep. Hunt moved that the report of the Conference Committee on HB 1260 as found on page 793 of the House Journal be adopted.

The question being on Rep. Hunt's motion that the report of the Conference Committee on HB 1260 be adopted.

And the roll being called:

Yeas 44, Nays 25, Excused 1, Absent 0

Yeas:
Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Garnos; Glenski; Hackl; Haley; Halverson; Hanks; Hennies; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sigdestad; Street; Thompson; Turbiville; Vehle; Weems; Wick; Willadsen

Nays:
Boomgarden; Davis; Frost; Fryslie; Gassman; Gillespie; Glover; Hargens; Haverly; Heineman; Hills; Hunhoff; Kroger; McLaughlin; Murschel; O'Brien; Pederson (Gordon); Peters; Rounds; Sebert; Tidemann; Tornow; Valandra; Van Etten; Speaker Michels

Excused:
Van Norman

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

Rep. Dykstra moved that the House do not adopt the report of the Conference Committee on HB 1260 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.

Rep. Frost moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1260 and that no new committee be appointed.

The question being on Rep. Frost's substitute motion to not adopt the report of the Conference Committee on HB 1260 and to not appoint a new committee.

And the roll being called:

Yeas 23, Nays 46, Excused 1, Absent 0

Yeas:
Boomgarden; Davis; Dennert; Frost; Fryslie; Gassman; Gillespie; Halverson; Hargens; Haverly; Heineman; Hunhoff; Kroger; McLaughlin; Murschel; Olson (Ryan); Pederson (Gordon); Peters; Rounds; Sebert; Tidemann; Van Etten; Speaker Michels

Nays:
Bradford; Brunner; Buckingham; Cutler; Deadrick; Dykstra; Elliott; Faehn; Garnos; Glenski; Glover; Hackl; Haley; Hanks; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; O'Brien; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen

Excused:
Van Norman

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

The question being on Rep. Dykstra's motion that the House do not adopt the report of the Conference Committee on HB 1260 and that a new committee be appointed.

Which motion prevailed and the Speaker reappointed as such committee Reps. Hunt, Garnos, and Hargens.

Cc1067A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1067 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1067 be amended as follows:

On page 1, line 7 of the Senate Education Committee engrossed bill, delete " ~~eleven~~ ten dollars and ~~forty-five~~ ninety cents " and insert "eleven dollars ~~and forty-five cents~~ ".

On page 1 , line 13, delete " sixteen " and insert " nineteen ".

On page 2 , line 3, delete " nine " and insert " thirteen ".

On page 2 , line 9, delete " sixteen " and insert " nineteen ".

Respectfully submitted,             Respectfully submitted,
Larry Rhoden                    Dave Knudson
House Committee Chair            Senate Committee Chair

Rep. Rhoden moved that the report of the Conference Committee on HB 1067 be adopted.

The question being on Rep. Rhoden's motion that the report of the Conference Committee on HB 1067 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Van Norman

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.

Cc67B

MR. SPEAKER:

On page 28, line 17 of the House Judiciary Committee engrossed bill, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 28 , delete lines 18 to 20 , inclusive.

On page 28 , line 21, delete " substance listed in Schedule I or II is a Class 2 felony " .

On page 28 , line 21, delete " of more than " .

On page 28 , line 22, delete " one pound " .

On page 28 , line 22, delete " ~~Class 2~~ Class 1 " and insert "Class 2".

On page 31 , line 15, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 31 , delete lines 16 and 17 .

On page 31 , line 18, delete everything before " . " .

On page 33, line 16, remove the overstrikes from " ~~one thousand~~ " and delete " six hundred ".

On page 33, line 20, remove the overstrikes from " ~~The sentence imposed for a conviction under this section carries a~~ " .

On page 33 , remove the overstrikes from lines 21 to 24 , inclusive.

On page 34 , remove the overstrikes from lines 1 to 5 , inclusive.

On page 35, line 9, delete " , including speeding " .

On page 35 , remove the overstrikes from line 10 .

On page 46, after line 6, insert:

" Section 105. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

Section 106. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

On page 7, line 1 of the House Judiciary Committee engrossed bill, delete " . The chemical " .

On page 7 , delete lines 2 and 3 , inclusive.

On page 7 , line 4, delete everything before " . " .

On page 7 , remove the overstrikes from lines 5 to 20 , inclusive.

On page 7 , line 21, delete everything after " Section 17. " .

On page 7 , delete lines 22 to 24 , inclusive.

On page 8 , delete lines 1 to 24 , inclusive, and insert:

"
Section 18.

Section 19.

Section 20.

Section 21.".

On page 9 , delete lines 1 to 7 , inclusive.

On page 9 , delete line 13 , and insert:

" Any such authorized ~~persons~~ person , acting on the presumption of consent, ~~and~~ or any hospital".

On page 10 , delete lines 2 to 24 , inclusive, and insert:

Section 25.

Section 26.

Section 27.

Section 28.".

On page 11 , remove the overstrikes from lines 10 to 21 , inclusive.

On page 12 , line 10, delete " or " .

On page 12 , remove the overstrikes from lines 12 to 15 , inclusive.

On page 12 , remove the overstrikes from line 24 .

On page 13 , remove the overstrikes from line 1 .

Respectfully submitted,             Respectfully submitted,
Sean O'Brien                        Lee Schoenbeck
House Committee Chair            Senate Committee Chair
     Rep. O'Brien moved that the report of the Conference Committee on SB 67 be adopted.

The question being on Rep. O'Brien's motion that the report of the Conference Committee on SB 67 be adopted.

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Brunner; Davis; Hackl; Haley; Klaudt; Koistinen; Kroger; Valandra

Excused:
Van Norman

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. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill be amended as follows:

1088aj

On page 4, line 17 of the printed bill, DECREASE personal services OTHER FUNDS $68,708.

On page 4, line 21, DECREASE FTEs 1.0.

On page 5, line 3, DECREASE personal services GENERAL FUNDS $101,160.

On page 5, line 7, DECREASE FTEs 2.0.

Adjust all totals accordingly.

DESCRIPTION: Decrease the Development Division by $68,708 from other funds and 1.0 FTE.
Decrease State Radio Engineering by $101,160 from general funds and 2.0 FTE.

1088hm

On page 5, line 10 of the printed bill, DECREASE personal services OTHER FUNDS $50,235.

On page 5, line 14, DECREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: Delete 1.0 FTE work comp specialist position and $50,235 from other funds from the Bureau of Personnel.

1088hv

That the previous amendment (1088zb) be amended by inserting the following:

" On page 38 of the printed bill, delete lines 20 to 22 , inclusive."

1088zb

On page 6, line 25 of the printed bill, DECREASE personal services GENERAL FUNDS $89,197.

On page 6, line 26, DECREASE operating expenses GENERAL FUNDS $13,832.

On page 6, line 29, DECREASE FTEs 3.0.

Adjust all totals accordingly.

DESCRIPTION: Reduce new FTEs and associated dollars.

1088ai

On page 11, line 7 of the printed bill, DECREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: Decrease 1.0 FTE from the Animal Industry Board.

1088ma

On page 12, line 10 of the printed bill, DECREASE personal services GENERAL FUNDS $15,555.

Adjust all totals accordingly.

DESCRIPTION: Reduce personal services in the Department of Tourism and State Development by $15,555 in state general funds for a requested expansion of the part-time repository manager's duties at the Archaeological Research Center.

1088ab

On page 13, line 7 of the printed bill, DECREASE FTEs 12.3.

Adjust all totals accordingly.

DESCRIPTION: Decrease Wildlife Division by 12.3 FTE.

1088us

On page 14, line 25 of the printed bill, DECREASE personal services GENERAL FUNDS $58,509 and DECREASE personal services FEDERAL FUNDS $74,001.

On page 14, line 29, DECREASE FTEs 3.0.

On page 14, line 32, DECREASE personal services GENERAL FUNDS $7,338 and DECREASE personal services FEDERAL FUNDS $22,015.

On page 14, line 36, DECREASE FTEs 1.0.

On page 15, line 10, DECREASE personal services GENERAL FUNDS $36,606 and DECREASE personal services FEDERAL FUNDS $58,794 and DECREASE personal services OTHER FUNDS $1,424.

On page 15, line 14, DECREASE FTEs 2.0.

Adjust all totals accordingly.

DESCRIPTION: To remove 6.0 FTE from DSS.
                1.0 Telephone Services Rep in Medical Services
                1.0 Program Manager in Economic Assistance
                2.0 Eligibility Determination Field Staff in Economic Assistance
                2.0 Child Protection Social Workers

1088ur

On page 14, line 25 of the printed bill, DECREASE personal services GENERAL FUNDS $45,000.

On page 14, line 29, DECREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: Reduce one FTE associated with the sales tax on food refund program.

1088up

On page 14, line 26 of the printed bill, INCREASE operating expenses GENERAL FUNDS $31,183 and INCREASE operating expenses FEDERAL FUNDS 16,279.

On page 14, line 33, INCREASE operating expenses GENERAL FUNDS $420,490 and INCREASE operating expenses FEDERAL FUNDS $866,453.

On page 15, line 4, INCREASE operating expenses GENERAL FUNDS $666,701 and INCREASE operating expenses FEDERAL FUNDS $1,154,579.

On page 15, line 11, INCREASE operating expenses GENERAL FUNDS $76,694 and INCREASE operating expenses FEDERAL FUNDS $171,800 and INCREASE operating expenses OTHER FUNDS $6,381.

On page 16, line 25, INCREASE operating expenses OTHER FUNDS $12,294.

On page 28, line 19, INCREASE operating expenses GENERAL FUNDS $9,801.

On page 29, line 25, INCREASE operating expenses GENERAL FUNDS $75,901 and INCREASE operating expenses FEDERAL FUNDS $67,371.

On page 29, line 46, INCREASE operating expenses GENERAL FUNDS $2,493.

On page 30, line 28, INCREASE operating expenses GENERAL FUNDS $285,402 and INCREASE operating expenses FEDERAL FUNDS $527,942.

On page 30, line 42, INCREASE operating expenses GENERAL FUNDS $56,482 and INCREASE operating expenses FEDERAL FUNDS $37,463.

On page 31, line 4, INCREASE operating expenses GENERAL FUNDS $22,329 and INCREASE operating expenses FEDERAL FUNDS $17,235.

On page 32, line 18, INCREASE operating expenses GENERAL FUNDS $115,323 and INCREASE operating expenses FEDERAL FUNDS $86,248.

Adjust all totals accordingly.

DESCRIPTION: To increase provider inflation to 2.5%.

1088uo

On page 15, line 11 of the printed bill, INCREASE operating expenses GENERAL FUNDS $119,856 and INCREASE operating expenses FEDERAL FUNDS $230,973 and INCREASE operating expenses OTHER FUNDS $6,216.

On page 29, line 25, INCREASE operating expenses GENERAL FUNDS $261,016 and INCREASE operating expenses FEDERAL FUNDS $231,444.

Adjust all totals accordingly.

DESCRIPTION: To rebase instate group and residential treatment providers.

1088zc

On page 23, line 3 of the printed bill, DECREASE personal services FEDERAL FUNDS $50,131.

On page 23, line 7, DECREASE FTEs 1.0.

On page 23, line 17, DECREASE personal services FEDERAL FUNDS $50,130.

On page 23, line 21, DECREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: Health Occupations Program FTE and Reading First grant FTE.

1088zk

On page 23, line 18 of the printed bill, DECREASE operating expenses GENERAL FUNDS $500,000.

Adjust all totals accordingly.

DESCRIPTION: Reduce SD Reads but leave money for TQE grant match.

1088mn

On page 28, line 18 of the printed bill, DECREASE personal services GENERAL FUNDS $11,044 and DECREASE personal services FEDERAL FUNDS $33,148.

On page 28, line 22, DECREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: Reduce FTE and funding for corrections specialist position in the DOC.

1088hr

On page 28, line 19 of the printed bill, DECREASE operating expenses GENERAL FUNDS $238,500.

On page 28 , after line 22, insert:

"

GENERAL
FUNDS FEDERAL
FUNDS OTHER
FUNDS TOTAL
FUNDS

Contingency Fund

Personal Services $0 $0 $0 $0

Operating Expenses $238,500 $0 $0 $238,500

TOTAL $238,500 $0 $0 $238,500

FTE 0.0

The special committee created by chapter 4-8A may release the money appropriated in the above contingency fund when the secretary of the Department of Corrections has received payment for the sale of land purchased pursuant to chapter 59 of the 2004 Session Laws."

Adjust all totals accordingly.

DESCRIPTION: Shift $238,500 (SGF) from administration to a contingency fund to be released when certain land is sold.

1088ho

On page 33, line 32 of the printed bill, DECREASE personal services GENERAL FUNDS $119,429.

On page 33, line 36, DECREASE FTEs 4.2.

Adjust all totals accordingly.

DESCRIPTION: Delete $119,429 and 4.2 FTE from the Unified Judicial System.

1088hn

On page 34, line 11 of the printed bill, DECREASE legislative operations appropriations GENERAL FUNDS $35,000.

On page 34, line 12, DECREASE FTEs 2.9.

Adjust all totals accordingly.

DESCRIPTION: Reduce legislative operations by $35,000 and 2.9 FTE.

1088hp

On page 36, line 26 of the printed bill, DECREASE personal services OTHER FUNDS $68,940.

On page 36, line 27, DECREASE operating expenses OTHER FUNDS $18,315.

On page 36, line 30, DECREASE FTEs 2.0.

Adjust all totals accordingly.

DESCRIPTION: Delete $87,255 and 2.0 FTE from the Unclaimed Property Division within the State Treasurer's Office.

1088hk

On page 37, line 4 of the printed bill, INCREASE personal services GENERAL FUNDS $1,571.

On page 37, line 5, INCREASE operating expenses GENERAL FUNDS $21,191.

On page 37, line 8, INCREASE FTEs 0.3.

Adjust all totals accordingly.

DESCRIPTION: Add $22,762 (SGF) and 0.3 FTE in the State Auditor's Office for the second phase of the scanning project.

1088ua

On page 15, line 4 of the printed bill, INCREASE operating expenses GENERAL FUNDS $357,120.

Adjust all totals accordingly

Description: To increase funds in the elderly Nutrition program to restore 128,000 meals.

1088ha

On page 39, after line 1 of the printed bill, insert:

"
Section 33. All moneys appropriated to contingency funds created by this Act shall be released for expenditure in accordance with chapter 4-8A.".

1088ak

On page 24, line 11 of the printed bill, DECREASE personal services FEDERAL FUNDS $36,515.

Adjust all totals accordingly.

DESCRIPTION: Decrease personal services from federal funds in the Division of Highway Safety.

1088zi

On page 21, line 3 of the printed bill, INSERT personal services TOTAL FUNDS $1,971,215.

On page 21, line 4, INSERT operating expenses TOTAL FUNDS $1,810,727.

On page 21, line 6, INSERT total appropriation TOTAL FUNDS $3,781,942.

Adjust all totals accordingly.

DESCRIPTION: This technical amendment to the General Bill inserts the appropriate line item totals for the Public Utilities Commission. (bfm1)

1088mg

On page 29, line 24 of the printed bill, DECREASE personal services GENERAL FUNDS $154,577.

On page 29, line 25, INCREASE operating expenses GENERAL FUNDS $154,577.

Adjust all totals accordingly.

DESCRIPTION: DOC will be contracting for JCC Agent services (as opposed to bringing them on as FTE); the funding for these agents needs to be shifted from personal services to operating expenses. (bfm2)

1088mh

On page 28, line 25 of the printed bill, DECREASE personal services GENERAL FUNDS $45,949.

On page 28, line 26, INCREASE operating expenses GENERAL FUNDS $45,949.

Adjust all totals accordingly.

DESCRIPTION: DOC will be contracting for STOP (Sex Offender) services at the Mike Durfee State Prison. During the FY2006 budget process the FTE was removed due to this decision, however, the funding is still loaded in personal services and that needs to be shifted to operating expenses. (bfm3)

1088um

On page 30, line 42 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $694,400.

Adjust all totals accordingly.

DESCRIPTION: The Department of Human services, Division of Alcohol and Drug Abuse, received a congressional earmark for Methamphetamine Treatment in the amount of $694,400. This amendment provides the federal expenditure authority in the FY2006 budget. (bfm4)

1088un

On page 30, line 28 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $250,000.

Adjust all totals accordingly.

DESCRIPTION: During the December 8^th Interim meeting $250,000 in federal fund expenditure authority was granted to the Department of Human Services, Division of Developmental Disabilities (DDD). This authority was necessary due to a grant received by the DDD to assist families and communities in supporting individuals with developmental disabilities and their families (PLANS grant). The federal fund expenditure authority was only for the FY2005 budget. This amendment provides the necessary base budget authority for the grant. (bfm5)

1088af

On page 4, line 17 of the printed bill, INCREASE personal services OTHER FUNDS $250,000.

On page 4, line 18, INCREASE operating expenses OTHER FUNDS $26,900.

On page 4, line 21, INCREASE FTEs 4.0.

On page 6, line 19, INCREASE operating expenses OTHER FUNDS $1,000,000.

Adjust all totals accordingly.

DESCRIPTION: Due to the passage of SB 175, an additional 4 programmers in BIT are needed to work on a new computer system for the Division of Motor Vehicles, and the Division of Motor Vehicles needs to have authority to pay for the new system. (bfm6)

1088zh

On page 35, line 3 of the printed bill, INCREASE personal services FEDERAL FUNDS $57,723.

On page 35, line 4, INCREASE operating expenses FEDERAL FUNDS $42,277.

On page 35, line 7, INCREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: During the December 8^th interim meeting the committee approved $100,000 in federal fund expenditure authority and 2.0 FTEs for the Northern Plains Safe Trails Task Force in the Attorney General's budget for FY2005. This amendment adds the authority that the Attorney General needs for this activity ongoing in FY2006. This federal funding is from Housing and Urban Development (HUD) and would pass through the United State's Attorney's Office. (bfm7)

1088zg

On page 35, line 4 of the printed bill, INCREASE operating expenses GENERAL FUNDS $600,000.

Adjust all totals accordingly.

DESCRIPTION: This amendment adds $600,000 from the state general fund to make bond payments for the Attorney General's Emergency Operations Center. (bfm8)

1088ag

On page 24, line 12 of the printed bill, INCREASE operating expenses OTHER FUNDS $120,000.

Adjust all totals accordingly.

DESCRIPTION: HB 1078, already signed into law, increases the motorcycle safety fee from $3 to $7. These funds are used by the Department of Public Safety to contract for motorcycle safety education training. The number of cyclists being trained each year is increasing by approximately 15% annually. The fee increase will allow more trainings to be offered. (bfm9)

1088ah

On page 13, line 3 of the printed bill, INCREASE personal services FEDERAL FUNDS $234,986 and DECREASE personal services OTHER FUNDS $301,844.

On page 13, line 4, INCREASE operating expenses FEDERAL FUNDS $560,435 and DECREASE operating expenses OTHER FUNDS $1,053,012.

On page 13, line 11, DECREASE operating expenses OTHER FUNDS $381,785.

Adjust all totals accordingly.

DESCRIPTION: Adds $795,421 of federal fund expenditure authority to the budget of the Division of Wildlife-Informational and removes $1,354,856 of other fund expenditure authority. Removes $381,785 of other fund expenditure authority from the Development and Improvement budget of the Division of Wildlife. (bfm10)

1088mj

On page 25, line 5 of the printed bill, INCREASE operating expenses GENERAL FUNDS $183,000.

Adjust all totals accordingly.

DESCRIPTION: The Board of Regents have signed articulation agreements between Mitchell Technical Institute and Northern State University/Dakota State University, and between Western Dakota Technical Institute and Black Hills State University. These increases reflect the funding requirements within the agreements. $200,000 for the articulation agreement between Lake Area Technical Institute and South Dakota State University was already budgeted in SDSU's budget (bfm11).

1088ht

On page 25 of the printed bill , after line 15, insert:

"

GENERAL FUNDS FEDERAL FUNDS OTHER FUNDS TOTAL FUNDS

South Dakota Opportunity Scholarship

    Personal Services $0 $0 $0 $0

    Operating Expenses $113,875 $0 $0 $113,875

    TOTAL $113,875 $0 $0 $113,875

    FTE 0.0

".

On page 38 , delete line 19 and insert:
"

Board of Regents
South Dakota Opportunity Scholarships		$113,875

" .

Adjust all totals accordingly.

Description: Allocates anticipated earnings for the Dakota Cement Trust Fund that will be transferred to the general fund for FY2006. If actual earnings are less, the amount will be prorated.

1088hs

On page 22, line 4 of the printed bill, delete " $279,832,000 " and insert "$282,838,960".

On page 22 , delete lines 30 to 35 , inclusive.

On page 38 , line 11, delete " $6,722,231 " and insert "$10,141,998".

On page 38 , line 12, delete " $1,040,161 " and insert "$1,309,880".

On page 38 , delete line 14 .

On page 38 , line 15, delete " $14,322,737 " and insert "$15,005,263".

Adjust all totals accordingly.

Description: Allocates earnings for the Education Enhancement Trust Fund that will be transferred to the general fund for FY2006 (bfm).

1088hx

On page 5, line 17 of the printed bill, DECREASE personal services GENERAL FUNDS $804,868 and DECREASE personal services FEDERAL FUNDS $696,425 and DECREASE personal services OTHER FUNDS $999,975.

On page 25, line 11, DECREASE personal services GENERAL FUNDS $947,316 and DECREASE personal services FEDERAL FUNDS $262,802 and DECREASE personal services OTHER FUNDS $766,493.

On page 33, line 39, DECREASE personal services GENERAL FUNDS $167,092 and DECREASE personal services FEDERAL FUNDS $870 and DECREASE personal services OTHER FUNDS $7,187.

On page 34, line 15, DECREASE personal services GENERAL FUNDS $29,553.

Adjust all totals accordingly.

DESCRIPTION: Decrease across-the-board salary policy from 3% to 2.25%.

And that as so amended said bill do pass.

Respectfully submitted,
J.E. "Jim" Putnam, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Rhoden moved that the report of the Standing Committee on

Appropriations on HB 1088 as found on pages 806 to 818 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1088: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the second time.

The question being "Shall HB 1088 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hills; Kroger; Rounds

Excused:
Van Norman

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

(continued)

Cc1222B

MR. SPEAKER:

On page 1, line 7 of the Senate Judiciary Committee engrossed bill, delete " , mental, or emotional " .

On page 1, line 10, delete " : " and insert "knowingly".

On page 1 , delete lines 11 to 14 , inclusive.

On page 2 , line 1, delete " (2) Knowingly " .

On page 2, delete lines 4 to 6 , inclusive.

Respectfully submitted,             Respectfully submitted,
Sean M. O'Brien                    Lee Schoenbeck
House Committee Chair            Senate Committee Chair

Rep. O'Brien moved that the House do not adopt the report of the Conference Committee on HB 1222 and that no new committee be appointed.

The question being on Rep. O'Brien's motion to not adopt the report of the Conference Committee on HB 1222 and to not appoint a new committee.

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Garnos; Hargens; Hunt; Van Norman

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 67.

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 HB 1222 and no new committee was appointed.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Koskan, Peterson, and Kelly 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 on HB 1260.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

(continued)

Cc1260C

MR. SPEAKER:

On page 3 of the Senate engrossed bill, delete lines 17 to 23 , inclusive.

On page 16 , delete lines 11 to 13 , inclusive.

On page 1, line 1, after " Authority " delete " , " and insert ".".

On page 1 , delete line 2 .

Respectfully submitted,             Respectfully submitted,
Roger W. Hunt                John Koskan
House Committee Chair            Senate Committee Chair

Rep. Hunt moved that the report of the Conference Committee on HB 1260 be adopted.

The question being on Rep. Hunt's motion that the report of the Conference Committee on HB 1260 be adopted.

And the roll being called:

Yeas 46, Nays 22, Excused 2, Absent 0

Yeas:
Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Garnos; Gassman; Glenski; Hackl; Haley; Hanks; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tornow; Turbiville; Vehle; Weems; Wick; Willadsen

Nays:
Boomgarden; Davis; Frost; Fryslie; Gillespie; Glover; Halverson; Hargens; Haverly; Heineman; Hunhoff; Kroger; McLaughlin; Murschel; O'Brien; Pederson (Gordon); Peters; Sebert; Tidemann; Valandra; Van Etten; Speaker Michels

Excused:
Lange; Van Norman

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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1088 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1260.

Respectfully,
Patricia Adam, Secretary

There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Tuesday, March 22^nd, the 40^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1004, 1042, 1093, 1122, 1139, 1149, 1152, 1170, 1202, 1212, 1226, 1233, 1240, 1248, 1252, 1261, and 1264 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., March 4, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1100, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 9:55 a.m., March 4, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1181, overridden that veto and delivered the same to his Excellency, the Secretary of State, for filing at 9:55 a.m., March 4, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1028, 1058, 1067, 1082, 1088, 1220, and 1260 were delivered to his Excellency, the Governor, for his approval at 7:48 p.m., March 4, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1028, 1058, 1067, 1082, 1088, 1220, and 1260 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1028: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the South Dakota opportunity scholarships, to provide for long-term funding of the scholarships, to revise certain scholarship provisions, and to declare an emergency.

HB 1058: FOR AN ACT ENTITLED, An Act to make an appropriation to the state fair, to limit certain transfers and expenditures of funds, and to declare an emergency.

HB 1067: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund and the special education tax levy of a school district.

HB 1082: FOR AN ACT ENTITLED, An Act to appropriate money for postsecondary technical education enhancement.

HB 1220: FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to general education, to appropriate money therefor, and to exempt from reversion certain funds appropriated for state aid to education.

HB 1260: FOR AN ACT ENTITLED, An Act to create the South Dakota Energy Infrastructure Authority.

SB 43: FOR AN ACT ENTITLED, An Act to revise the South Dakota criminal code.

SB 67: FOR AN ACT ENTITLED, An Act to revise certain drug and alcohol offenses, driving offenses, and other felonious offenses.

SB 157: FOR AN ACT ENTITLED, An Act to direct the Department of Education to undertake a study of school funding.

SB 214: FOR AN ACT ENTITLED, An Act to provide tax refunds for certain soybean and biodiesel facilities.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 7:53 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

	GENERAL FUNDS	FEDERAL FUNDS	OTHER FUNDS	TOTAL FUNDS
Contingency Fund
Personal Services	$0	$0	$0	$0
Operating Expenses	$238,500	$0	$0	$238,500
TOTAL	$238,500	$0	$0	$238,500
FTE				0.0

	GENERAL FUNDS	FEDERAL FUNDS	OTHER FUNDS	TOTAL FUNDS
South Dakota Opportunity Scholarship
Personal Services	$0	$0	$0	$0
Operating Expenses	$113,875	$0	$0	$113,875
TOTAL	$113,875	$0	$0	$113,875
FTE				0.0