JOURNAL OF THE HOUSE

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THIRTY-FOURTH DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 28, 2006

     The House convened at 8:30 a.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of Allegiance led by House pages Britt Hooker and Ashley Mager.

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

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-third 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.

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     Rep. Dykstra moved that the House do now recess for one hour, which motion prevailed.

     The House reconvened, the Speaker Pro tempore presiding.

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1128.

Respectfully,
Patricia Adam, Secretary

     Rep. Dykstra moved that the House do now recess for one hour, which motion prevailed.

     The House reconvened, the Speaker presiding.

     Rep. Garnos moved that the House do now recess for two and one-half hours, which motion prevailed.

     The House reconvened, the Speaker presiding.

(Continued)

MR. SPEAKER:

    I have the honor to return herewith HB 1110 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

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Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has voted to recall SB 143 and rescind the vote on the Conference Committee Report as found on page 709 of the Senate Journal.

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 143 and has appointed Sens. Duane Sutton, Gray, and Bartling 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.

Respectfully,
Patricia Adam, Secretary

     The Speaker reappointed Reps. Tidemann, Frost, 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 143.

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

Cc1238A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1238 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1238 be amended as follows:

1238jb

     On page 1, line 9 of the Senate engrossed bill, delete " six " and insert "eighteen".

     On page 3 , delete lines 18 and 19 .

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1238ob

     On page 3, between lines 19 and 20 of the Senate engrossed bill, insert:

"
     Section 7. The Board of Regents shall prepare a comprehensive plan for the instructional and research missions of the public universities. The plan shall address the time frame of the first quarter of the twenty-first century. The plan shall include the following elements:

             (1)    Demographic patterns of the different populations sectors served by postsecondary education including:

             (a)    Dual enrollment of high school students;

             (b)    Traditional age students eighteen to twenty-three years of age, inclusive;

             (c)    Nontraditional students twenty-four years of age and over; and

             (d)    Continuing education of the workforce;

             (2)    Access to higher education through different approaches including:

             (a)    Residential campuses--Black Hills State University, Dakota State University, Northern State University, South Dakota School of Mines and Technology, South Dakota State University, and University of South Dakota;

             (b)    Satellite campuses--Rapid City, Sioux Falls, Pierre;

             (c)    Distance education--Electronic University Consortium;

             (d)    Technical institute partnerships; and

             (e)    Relationships with other accredited institutions--Native American, independent, and proprietary institutions;

             (3)    Activities and responses to the goals of the Governor's 2010 Economic Development and 2010 Education Initiatives;

             (4)    Comparative information on state higher education policy; and

             (5)    Recommendations for changes necessary to respond to demographic patterns and access to instructional and research mission opportunities.

     The Board of Regents shall submit the plan and report to the Governor and Legislature no later than November 15, 2006.

     Section 8. The Board of Regents shall prepare a report containing the mission, function, and activities of the Cooperative Extension Service to the Legislature no later than November 15, 2006.".

1238ota

     On page 1, line 4 of the Senate engrossed bill, after " therefor, " insert "to require the Board of Regents to submit a comprehensive plan and to make certain reports,".

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

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Cc1244A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1244 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1244 be amended as follows:

1244ma

     On page 1, line 4 of the Senate State Affairs Committee engrossed bill, delete " one dollar ($1) " and insert "eight million dollars ($8,000,000)".

     On page 1 , line 6, delete " one dollar ($1) " and insert "eight million dollars ($8,000,000)".

1244hc

     On page 2, between lines 20 and 21 of the Senate State Affairs Committee engrossed bill, insert:

"      Section 6. That § 4-7-6 be amended to read as follows:

     4-7-6.   The commissioner of administration, attorney general, state treasurer, state auditor-general, secretary of revenue, and state auditor , and the executive director of the Board of Regents shall render such advice and assistance, and furnish such information to the Bureau of Finance and Management as may be requested. ".

1244mb

     On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 4 and 5 .

     On page 1 , line 7, delete " other fund expenditure authority " and insert "general funds".

     On page 1 , line 14, delete " section 2 " and insert "section 1".

1244mta

     On page 1 , line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "Act to"

     On page 1 , line 2, after " classrooms, " insert "to require certain reporting,".

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

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Cc143B

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 143 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 143 be amended as follows:

143ob

     On page 1, line 3 of the House engrossed bill, delete " five hundred " and insert "seven hundred fifty".

     On page 1 , line 4, delete " ($500,000) " and insert "($750,000)".

Respectfully submitted,                 Respectfully submitted,
Larry Tidemann                        Duane Sutton
House Committee Chair                Senate Committee Chair

Cc153A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 153 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 153 be amended as follows:

153ta

     On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " thirty million dollars ($30,000,000) " and insert "thirty-eight million dollars ($38,000,000)".

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

     Rep. Turbiville moved that the report of the Conference Committee on HB 1128 as found on page 769 of the House Journal be adopted.

     Rep. Rhoden moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1128 and that no committee be appointed.

     The question being on Rep. Rhoden's substitute motion to not adopt the report of the Conference Committee on HB 1128 and to not appoint a new committee.

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     And the roll being called:

     Yeas 41, Nays 21, Excused 8, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Glover; Halverson; Hanks; Hills; Howie; Hunt; Jensen; Kraus; Krebs; Lange; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

     Nays:
Bradford; Cutler; Elliott; Gassman; Gillespie; Glenski; Hackl; Haley; Hargens; Heineman; Hennies; Jerke; Koistinen; Kroger; Miles; Roberts; Tornow; Turbiville; Valandra; Van Norman; Wick

     Excused:
Haverly; Hunhoff; Klaudt; Nelson; Peters; Putnam; Rausch; Tidemann

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the report was not adopted, and no new committee was appointed.

     Rep. Wick moved that the report of the Conference Committee on HB 1167 as found on page 779 of the House Journal be adopted.

     The question being on Rep. Wick's motion that the report of the Conference Committee on HB 1167 be adopted.

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, 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; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Haverly; Hunhoff; Klaudt; Nelson; Peters; Putnam; Rausch; Tidemann

     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.

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

Cc1060A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1060 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,
Larry Rhoden                        Eric H. Bogue
House Committee Chair                Senate Committee Chair

Cc198A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 198 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 198 be amended as follows:

198od

     On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. There is hereby appropriated from the state general fund the sum of six million five hundred thousand dollars ($ 6,500,000 ), or so much thereof that may be necessary, to the Department of Education. The secretary of the Department of Education shall distribute the funds to school districts pursuant to sections 3 and 4 of this Act based on average daily membership as defined in subdivision 13-13-10.1(1) at the same time that foundation program state aid is distributed to school districts pursuant to § §  13-13-10.1 to 13-13-41, inclusive.

     Section 2. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 3. School districts that meet adequate yearly progress in reading and math under the terms of the state's accountability system established in §  13-3-62 shall receive funding according to the provisions of section 1 of this Act.

     Section 4. Those school districts that fail to meet adequate yearly progress under the terms of the state's accountability system established in §  13-3-62 may apply to the department for a grant to assist the district in meeting future academic targets. In order to qualify for a grant, a school district shall submit to the department a school district improvement plan outlining the steps the district will undertake to reach adequate yearly progress, and the plan shall be approved by the secretary of education. However, no grant may be awarded to a school district in an amount that exceeds what that school district would have received if it had achieved adequate yearly progress.

     Section 5. There is hereby appropriated from the state general fund the sum of one million five hundred thousand dollars ($ 1,500,000 ), or so much thereof as may be necessary, to the Department of Education for distribution to sparse school districts pursuant to this Act.

     Section 6. Terms used in this Act mean:

             (1)    "Sparse school district," a school district that meets each of the following criteria:

             (a)    Has an average daily membership per square mile of 0.50 or less;

             (b)    Has an average daily membership of five hundred or less;

             (c)    Has an area of four hundred square miles or more;

             (d)    Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;

             (e)    Operates a secondary attendance center;

             (f)    Levies ad valorem taxes at the maximum rates allowed pursuant to §  10-12-42 or more; and

             (g)    Has a general fund balance percentage of thirty percent or less excluding revenue received from opting out of property tax limitations pursuant to chapter 10-12;

             (2)    "Sparsity average daily membership," calculated as follows:

             (a)    For sparse school districts with an adjusted average daily membership as defined in subdivision 13-13-10.1(2) of less than one hundred or greater than two hundred seventy-five, divide the average daily membership as defined in subdivision 13-13-10.1(1) by the area of the school district in square miles;

             (b)    Multiply the quotient obtained in subsection (a) times negative 0.125;

             (c)    Add 0.0625 to the product obtained in subsection (b); and

             (d)    Multiply the sum obtained in subsection (c) times the average daily membership;

             (3)    "Sparsity adjusted average daily membership," calculated as follows: For any sparse school district with an adjusted average daily membership as defined in subdivision 13-13-10.1(2) of no less than one hundred, but no more than two hundred seventy- five, the sparsity adjusted average daily membership is two hundred seventy-five.

     Section 7. At the same time that foundation program state aid is distributed to school districts pursuant to § §  13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall distribute funds to sparse school districts by multiplying either the sparsity average daily membership calculation or the sparsity adjusted average daily membership calculation in section 6 of this Act by the per student allocation as defined in §  13-13-10.1. However, no sparse school district may receive a sparsity benefit in any year that exceeds two hundred fifty thousand dollars.

     Section 8. Sections 6 and 7 of this Act are repealed on June 30, 2009.

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     Section 9. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows:

             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

             (4)      "Per student allocation," for school fiscal year 2006 is $4,237.72. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

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             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, revenue a school district has received as compensation for being a sparse school district under the terms of this Act, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.

     Section 10. That section 4 of chapter 94 of the 2005 Session Laws be amended to read as follows:

     Section 4. The Department of Education shall provide an interim report to the Legislature no later than December 1, 2005. The interim report shall include preliminary findings regarding sparse schools, and a final report shall follow no later than December 1, 2006 , addressing the factors enumerated in section 2 and including proposed legislation shall be submitted to the Governor no later than November 15, 2006, and copies of the report shall be provided to the Legislature . "

198ctn

     On page 1, line 1 of the House State Affairs Committee engrossed bill, delete everything after " An Act to " and insert "appropriate funds to increase funding to education and to assist sparse school districts and to require legislation as part of the final report of the study of school funding.".

     On page 1 , delete line 2 .

Respectfully submitted,                 Respectfully submitted,
Larry Rhoden                        Lee Schoenbeck
House Committee Chair                Senate Committee Chair

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1060, 1167, 1238, and 1244.

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 143, 153, and 198.

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Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 168.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1009 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

     Rep. Klaudt moved that the report of the Conference Committee on SB 153 as found on page 788 of the House Journal be adopted.

     The question being on Rep. Klaudt's motion that the report of the Conference Committee on SB 153 be adopted.

     And the roll being called:

     Yeas 45, Nays 24, Excused 1, Absent 0

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

     Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Jerke; Koistinen; Kroger; Lange; Miles; Pederson (Gordon); Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman

     Excused:
Nelson

     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. Klaudt announced his intention to reconsider the vote by which SB 153 lost.

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     Rep. Rhoden moved that the House do now recess, which motion prevailed.

     The House reconvened, the Speaker presiding.

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

     Rep. Klaudt moved that the House do now reconsider the vote by which SB 153 lost.

     The question being on Rep. Klaudt's motion to reconsider the vote by which SB 153 lost.

     And the roll being called:

     Yeas 47, Nays 21, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); 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; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Koistinen; Kroger; Lange; Miles; Pederson (Gordon); Roberts; Sigdestad; Street; Thompson; Van Norman

     Excused:
Nelson; Valandra

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

     Rep. Klaudt moved that the report of the Conference Committee on SB 153 as found on page 788 of the House Journal be adopted.

     The question being on Rep. Klaudt's motion that the report of the Conference Committee on SB 153 be adopted.

     And the roll being called:

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     Yeas 47, Nays 22, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); 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; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Koistinen; Kroger; Lange; Miles; Pederson (Gordon); Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

     Excused:
Nelson

     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. Putnam moved that the report of the Conference Committee on HB 1238 as found on page 785 of the House Journal be adopted.

     The question being on Rep. Putnam's motion that the report of the Conference Committee on HB 1238 be adopted.

     And the roll being called:

     Yeas 62, Nays 7, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Dennert; Dykstra; Elliott; Faehn; Frost; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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:
Davis; Deadrick; Fryslie; Hargens; Jerke; Klaudt; Koistinen

     Excused:
Nelson

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     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. Putnam moved that the report of the Conference Committee on HB 1244 as found on page 787 of the House Journal be adopted.

     The question being on Rep. Putnam's motion that the report of the Conference Committee on HB 1244 be adopted.

     And the roll being called:

     Yeas 57, Nays 12, Excused 1, Absent 0

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

     Nays:
Brunner; Buckingham; Davis; Deadrick; Fryslie; Glover; Hackl; Hargens; Jerke; Klaudt; Koistinen; Sigdestad

     Excused:
Nelson

     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 report of the Conference Committee on SB 198 as found on page 790 of the House Journal be adopted.

     The question being on Rep. Rhoden's motion that the report of the Conference Committee on SB 198 be adopted.

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

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     Yeas:
Boomgarden; 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; 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

     Nays:
Bradford; Van Norman

     Excused:
Nelson

     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 report of the Conference Committee on HB 1060 as found on page 790 of the House Journal be adopted.

     The question being on Rep. Rhoden's motion that the report of the Conference Committee on HB 1060 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; 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

     Excused:
Nelson

     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 now recess for two hours, which motion prevailed.

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     The House reconvened, the Speaker presiding.

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

Cc1175A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1175 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1175 be amended as follows:

1175ce

     On the Senate Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

"

     Section 1. That § 13-27-1 be amended to read as follows:

     13-27-1.   Every person having control of a child , who is six not younger than five or older than six years old by the first day of September and who has not exceeded the age of sixteen, shall cause the child to regularly and annually attend some public or nonpublic school for the entire term during which the public school in the district in which the person resides, or the school to which the child is assigned to attend, is in session, until the child reaches the age of sixteen years, unless excused as provided in this chapter.

     Any child under age six enrolled in any elementary school or kindergarten program is subject to the compulsory attendance statutes of this state. A waiver of the compulsory attendance requirement for children under the age of seven years of age shall be granted by the school district upon the request of the parents. All children shall attend kindergarten prior to age seven. Any child who transfers from another state may proceed in a continuous educational program without interruption if the child has not previously attended kindergarten.

     Section 2. That § 13-26-1 be amended to read as follows:

     13-26-1.   The school fiscal year shall begin July first and end June thirtieth. Each local school board shall set the number of days in a school term, the length of a school day, and the number of school days in a school week. The local school board or governing body shall establish the number of hours in the school term for kindergarten programs , which may not be less than four hundred thirty-seven and one-half hours . The Board of Education shall promulgate rules pursuant to chapter 1-26 setting the minimum number of hours in the school term for grades one through three. The number of hours in the school term for grades four through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive of intermissions. An intermission is the time when pupils are at recess or lunch.

     Section 3. That § 13-28-2 be amended to read as follows:

     13-28-2.   Any child who is five years old on the first day of September is eligible for enrollment in kindergarten during that school year. Any child who is six years old by September first is eligible for enrollment in first grade during that school year. Any child in a kindergarten or prekindergarten program who was in compliance with the statutory eligibility dates in effect at the time of his enrollment may proceed in a continuous educational program without interruption. Any child who transfers from another state may proceed in a continuous educational program without interruption.

     Any child under the age of five is eligible for admittance to a nursery school.

     Section 4. This Act is effective on July 1, 2010."

1175fta

     On page 1, line 1 of the Senate Appropriations Committee engrossed bill, delete everything after " Act to " and insert "require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs.".

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

Respectfully submitted,                 Respectfully submitted,
Larry Rhoden                        Lee Schoenbeck
House Committee Chair                Senate Committee Chair

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1175.

Respectfully,
Patricia Adam, Secretary

     Rep. Rhoden moved that the report of the Conference Committee on HB 1175 as found on page 799 of the House Journal be adopted.

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     The question being on Rep. Rhoden's motion that the report of the Conference Committee on HB 1175 be adopted.

     And the roll being called:

     Yeas 46, Nays 11, Excused 13, Absent 0

     Yeas:
Boomgarden; Buckingham; Cutler; Davis; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glover; Halverson; Hanks; Heineman; Hennies; Hills; Hunt; Jensen; Jerke; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Thompson; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Brunner; Frost; Hackl; Haley; Hargens; Howie; Koistinen; Street; Valandra; Van Norman

     Excused:
Deadrick; Dennert; Glenski; Haverly; Hunhoff; Klaudt; Kroger; Nelson; Olson (Ryan); Peters; Putnam; Rausch; Tidemann

     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 now recess, which motion prevailed.

     The House reconvened, the Speaker presiding.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1020, 1055, 1060, 1090, 1163, 1167, 1236, 1238, 1240, and 1244 and finds the same correctly enrolled.

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Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1015, 1058, 1072, 1098, 1119, 1143, 1176, 1181, 1197, 1209, 1215, 1232, and 1233 were delivered to his Excellency, the Governor, for his approval at 10:58 a.m., February 28, 2006.

Respectfully submitted,
Matthew Michels, Chair

     The Speaker publicly read the title to

     HB 1020: FOR AN ACT ENTITLED, An Act to  reappropriate certain moneys to state aid to general education.

     HB 1055: FOR AN ACT ENTITLED, An Act to  appropriate money for international trade representation and to declare an emergency.

     HB 1060: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district.

     HB 1090: FOR AN ACT ENTITLED, An Act to  appropriate money for compensatory payments to certain school districts and to revise provisions related to certain school district entitlements.

     HB 1163: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding court suspensions and revocations of driver licenses.

     HB 1167: FOR AN ACT ENTITLED, An Act to  create a tax relief fund and to dedicate certain sales and use tax revenue received by the state through the Streamlined Sales and Use Tax Agreement.

     HB 1236: FOR AN ACT ENTITLED, An Act to  create the South Dakota Virtual High School.

     HB 1238: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to purchase certain real property for the sole purpose of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents, to make an appropriation therefor, to require the Board of Regents to submit a comprehensive plan and to make certain reports, and to declare an emergency.

     HB 1240: FOR AN ACT ENTITLED, An Act to  make an appropriation for low income energy assistance, and to declare an emergency.

---

     HB 1244: FOR AN ACT ENTITLED, An Act to  make an appropriation to construct instructional classrooms, to require certain reporting, and to declare an emergency.

     SB 98: FOR AN ACT ENTITLED, An Act to  limit the transfer or renewal of certain alcohol beverage licenses.

     SB 148: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the sex offender registry and the supervision of sex offenders.

     SB 153: FOR AN ACT ENTITLED, An Act to  transfer certain moneys from the railroad trust fund to the property tax reduction fund and to declare an emergency.

     SB 168: FOR AN ACT ENTITLED, An Act to  appropriate money for enhancement of secondary career and technical education.

     SB 198: FOR AN ACT ENTITLED, An Act to  appropriate funds to increase funding to education and to assist sparse school districts and to require legislation as part of the final report of the study of school funding.

     And signed the same in the presence of the House.

     Rep. Rhoden moved that the House do now recess, which motion prevailed.

     The House reconvened, the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 9.

     Rep. Tidemann moved that the report of the Conference Committee on SB 143 as found on page 788 of the House Journal be adopted.

     The question being on Rep. Tidemann's motion that the report of the Conference Committee on SB 143 be adopted.

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

---

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; 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

     Nays:
Hanks; Howie

     Excused:
Elliott; Gassman; Hunt; 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 House do not concur in Senate amendments to HB 1009 and that no committee be appointed.

     The question being on Rep. Rhoden's motion that the House do not concur in Senate amendments to HB 1009 and that no committee be appointed.

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; 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

     Nays:
Bradford

     Excused:
Elliott; Gassman; Hunt; Van Norman

---

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

     Rep. Krebs moved that the House do concur in Senate amendments to HB 1110.

     Rep. Dykstra moved as a substitute motion that the House do not concur in Senate amendments to HB 1110 and that no committee be appointed.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being on Rep. Dykstra's substitute motion that the House do not concur in Senate amendments to HB 1110 and that no committee be appointed.

     And the roll being called:

     Yeas 17, Nays 50, Excused 3, Absent 0

     Yeas:
Cutler; Davis; Dykstra; Hackl; Howie; Klaudt; McLaughlin; Olson (Ryan); Peters; Putnam; Rausch; Rhoden; Rounds; Tidemann; Van Etten; Vehle; Speaker Michels

     Nays:
Boomgarden; Bradford; Brunner; Buckingham; Deadrick; Dennert; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Hunhoff; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Rave; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Weems; Wick; Willadsen

     Excused:
Elliott; Gassman; Hunt

     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. Krebs' motion that the House do concur in Senate amendments to HB 1110.

     And the roll being called:

     Yeas 52, Nays 15, Excused 3, Absent 0

---

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Deadrick; Dennert; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Rave; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Weems; Wick; Willadsen

     Nays:
Cutler; Davis; Dykstra; Hackl; Haverly; Klaudt; Olson (Ryan); Putnam; Rausch; Rhoden; Rounds; Tidemann; Van Etten; Vehle; Speaker Michels

     Excused:
Elliott; Gassman; Hunt

     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.

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 20^th, the 35^th legislative day.

     Which motion prevailed.

MR. SPEAKER:

    I have the honor to transmit herewith SB 209 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

     SB 209:   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 first time.

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     SB 209:   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.

209mk

     Rep. Hargens moved that SB 209 be amended as follows:

     On page 4, line 4 of the Senate Appropriations Committee engrossed bill, INCREASE operating expenses GENERAL FUNDS $500,000 and DECREASE operating expenses OTHER FUNDS $500,000.

Adjust all totals accordingly.

DESCRIPTION: Reinstate previous cut in South Dakota Public Broadcasting.

     Rep. Haverly moved that Rep. Hargens' motion to amend SB 209 be laid on the table.

     A roll call vote was requested and supported.

     The question being on Rep. Haverly's motion that Rep. Hargens' motion to amend SB 209 be laid on the table.

     And the roll being called:

     Yeas 48, Nays 19, Excused 3, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; 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; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hills; Kroger; Lange; Miles; O'Brien; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

---

     Excused:
Elliott; Gassman; Hunt

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Hargens' motion was tabled.

     The question being “Shall SB 209 pass as amended?”

     And the roll being called:

     Yeas 59, Nays 8, Excused 3, Absent 0

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

     Nays:
Bradford; Glover; Haley; Kroger; Lange; Thompson; Valandra; Van Norman

     Excused:
Elliott; Gassman; Hunt

     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.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1110 and 1175 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1020, 1055, 1060, 1090, 1163, 1167, 1236, 1238, 1240, and 1244 were delivered to his Excellency, the Governor, for his approval at 9:52 a.m., March 1, 2006.

Respectfully submitted,
Matthew Michels, Chair

---

     The Speaker publicly read the title to

     HB 1110: FOR AN ACT ENTITLED, An Act to  provide compensation to certain retailers for collecting and remitting the sales tax after a certain threshold is met.

     HB 1175: FOR AN ACT ENTITLED, An Act to  require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs.

     SB 143: FOR AN ACT ENTITLED, An Act to  make an appropriation to the state fair.

     SB 209: 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.

     And signed the same in the presence of the House.

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1110 and 1175 were delivered to his Excellency, the Governor, for his approval at 10:20 a.m., March 1, 2006.

Respectfully submitted,
Matthew Michels, Chair

March 1, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 28, 2006, I approved House Bills 1006, 1013, 1016, 1084, 1149, 1153, 1164, 1174, 1177, 1185, 1206, 1212, 1218, 1225, and 1247, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

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     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 10:36 a.m. the House adjourned.