JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 11, 1997

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Rhonda Wellsandt-Zell, followed by the Pledge of Allegiance led by House page Scott Gessford.

     Roll Call: All members present except Reps. Cerny and Jorgensen who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twentieth 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,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1027, 1039, 1059, and 1066 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., February 11, 1997.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1171 and returns the same without recommendation.


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1168 which was deferred to the 41st legislative day.


Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1280 and SB 37, 39, and 40 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1178 and returns the same with the recommendation that the title to said bill be amended as follows:
t-1178t
     On page 1 , line 1 of the printed bill , after " Act " insert " to " .


     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be adopted.

     Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1119 and 1257 which were deferred to the 41st legislative day.


Respectfully submitted,
Kay Jorgensen, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1093 and 1179 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.



Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill be amended as follows:
    
c-1076
     On page 1 , line 12 of the printed bill , delete everything after " court. " .

     On page 1 , delete lines 13 to 15 , inclusive , and insert " However, a school age child is a resident of the school district where the school age child is placed by the Unified Judicial System, the Department of Corrections, or entities approved by the Department of Social Services, including a foster home. "

          And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

    
c-1077
     On the printed bill, delete everything after the enacting clause and insert:
    
     "      Section  1.  That chapter 13-16 be amended by adding thereto a NEW SECTION to read as follows:

    A school district which contracts its student transportation may expend from the capital outlay fund an amount not to exceed fifteen percent of the contract amount."

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:
    
c-1209
     On page 1 , after line 9 of the printed bill , insert:
    
     "Section 2. That § 13-11-3.1 be repealed.
13-11-3.1. A school board may submit, on or before October first, an amended budget for any fund to increase the sum in dollars as provided by §   13-11-3 or to decrease the budget. The amended budget shall be adopted by resolution of the board and shall be published in the minutes of the first meeting of the school board after its adoption."
r-1209
     On page 1 , after line 9 of the printed bill , insert:

"      Section 3. That § 10-12-29 be amended to read as follows:


     10-12-29.   The school district board of a school district shall by resolution adopt a levy in dollars and cents sufficient to meet the school budget for the general fund of the district for the current fiscal school year. The district business manager school district shall report the levy to the county auditor by the first of September October on forms prescribed by the county auditor. The county auditor shall spread a levy in dollars and cents over the taxable property of the school district sufficient to raise the money requested by the school district, subject to the legal dollar limitations provided by law. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1202 which was tabled.

Respectfully submitted,
Richard "Dick" Brown, Chair
Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1265 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1153 and SB 120 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1204 and returns the same with the recommendation that said bill be amended as follows:
    
r-1204
     On page 2 , line 4 of the printed bill , after " interest the " insert " actual " .
    
     On page 2 , line 11 , after " section, " insert " within thirty days after receipt of a death certificate, " .

     And that as so amended said bill do pass.


MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1245 and returns the same with the recommendation that said bill be amended as follows:
    
r-1245
     On page 2 , line 17 of the printed bill , delete " The lien provided for in this section " .
    
     On page 2 , line 18 , delete " is superior to any other lien or security interest. " .
    
     On page 2 , line 18 , after " The lien " insert " provided in this Act " .
    
     On page 2 , line 19 , after " . " insert " The lien provided in this Act is prior to any other lien or security interest, except for those liens and security interests which were perfected before the date of attachment of the lien hereunder. " .
    
     On page 2 , line 21 , after " occupant " insert " and the holder of any lien " .
    
     On page 2 , line 22 , delete " certified " and insert " regular first class " .
    
     On page 2 , line 22 , after " mail " insert " postage prepaid " .
     On page 2 , line 23 , after " occupant " insert " and lienholders " .
    
     On page 3 , line 3 , delete " A " and insert " If known to the owner, a " .
    
     On page 4 , line 24 , delete " persons against whom the lien " and insert "any person, but subject to the rights of any prior lienholder,".
    
     On page 5, line 1, delete "was valid".

     On page 5 , line 3 , after " may " insert " , after satisfying all prior liens, " .
    
     On page 5 , line 3 , after " lien " insert " pursuant to this Act " .
    
     On page 5 , line 12 , after " . " insert " For purposes of this Act, a rental agreement is deemed extended or renewed if it continues on a month-to-month basis. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1239 which was tabled.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1156 and 1230 which were deferred to the 41st legislative day.


Respectfully submitted
Robert A. Roe, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 155, 163, 168, 169, and 178 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1065 and 1099 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1041 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary


MOTIONS AND RESOLUTIONS


     Yesterday, Rep. Bill Peterson announced his intention to reconsider the vote by which HCR 1008 was lost.

     According to Joint Rule 5-11.1, only the final disposition of bills and joint resolutions can be reconsidered. HCR 1008 was declared lost.

     Yesterday, Rep. Richter announced his intention to reconsider the vote by which HB 1234 was lost.

     Rep. Richter moved to reconsider the vote by which HB 1234 was lost.

     The question being on Rep. Richter's motion to reconsider the vote by which HB 1234 was lost.


     And the roll being called:

     Yeas 53, Nays 14, Excused 2, Absent and Not Voting 1

     Yeas were:
Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Sokolow; Van Gerpen; Weber; Wetz; Speaker Hagg

     Nays were:
Apa; Belatti; Duenwald; Fiegen; Hassard; Madden; Monroe; Napoli; Schrempp; Smidt; Volesky; Waltman; Wick; Windhorst

     Excused were:
Cerny; Jorgensen

     Absent and Not Voting were:
Sperry

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1234 was up for reconsideration and final passage.

     HB 1234   :   FOR AN ACT ENTITLED, An Act   to provide certain compensation to legislators for constituent services.

     Having had its second reading was up for reconsideration and final passage.

     Rep. Richter moved that HB 1234 be deferred until Thursday, February 13th, the 23rd legislative day.

     Which motion prevailed and the bill was so deferred.

     Rep. Brown (Richard) moved that the Committee on Transportation be instructed to deliver HB 1138 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.


CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Gabriel moved that the reports of the Standing Committees on

     State Affairs on HB 1238 as found on page 377 of the House Journal; also

     State Affairs on HB 1276 as found on page 377 of the House Journal; also

     State Affairs on HCR 1006 as found on page 378 of the House Journal; also

     Transportation on HB 1110 as found on page 379 of the House Journal; also

     Transportation on HB 1089 as found on page 379 of the House Journal; also

     Judiciary on HB 1213 as found on page 399 of the House Journal; also

     Judiciary on HB 1259 as found on page 399 of the House Journal; also

     Judiciary on HB 1253 as found on page 400 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Hunt moved that HB 1253 be referred to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1105   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the printing and disposition of legislative bills.

     Was read the second time.

     The question being "Shall HB 1105 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Cerny; Jorgensen

     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.

     Rep. Rost requested that HB 1241 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1075   :   FOR AN ACT ENTITLED, An Act   to provide for statewide limited open enrollment of students in public school districts in which they do not reside.

     Having had its second reading was up for consideration and final passage.
t-1075i

     Rep. Gabriel moved that HB 1075 be amended as follows:

    On page 2, line 5 of the House Education committee engrossed bill, delete everything after "Act."

     On page 2 , delete lines 6 to 9 , inclusive .
    
     On page 10 , after line 11 , insert:

"      Section 15. That § 13-28-9 be amended to read as follows:


     13-28-9.   School residence for the purpose of claiming free school privileges means the legal residence of the student's parents or guardian except as provided in § 13-28-10. If a parent or guardian has more than one residence, the school residence is the residence where the parent or guardian actually lives and makes a home or domicile. In case of dispute, if the student's parent or guardian has claimed a credit pursuant to §   10-13-39, it is presumed that the dwelling so claimed is the residence of the parent or guardian. The student or the student's parents or guardian may not establish school residence and be exempt from the payment of tuition if the residence of the parents or guardian of the student is acquired solely or principally for obtaining free school privileges. At the time a child is enrolled in a school district, the school residence of the child as determined by that school district within thirty days after the enrollment may not change during the school fiscal year, unless the child ceases to be an enrolled member of a school within the district. If a student's parents or guardians are separated or divorced, the school residence is the school district in which the custodial parent or guardian has residence. If the parents or guardian have joint custody of a student, school residence is that of the parent or guardian with whom the child resides the greater portion of the school year.

     Section 16. That § 13-28-15 be repealed.

     13-28-15.   Every school board shall make assignment and distribution of all elementary students with school residence within the district. The board shall take into consideration in assigning and distributing students its duty to provide an education within the guidelines of the State Board of Education's accreditation rules, the wishes of the parents or guardians of the child being assigned and the district patrons, the miles and time involved in transporting the child to school, and the educational and financial impact on the district. Any patron who is aggrieved by a decision of the school board may request a hearing within thirty days before the secretary of the department of education and cultural affairs or his representative. If the Department of Education and Cultural Affairs has not rendered a decision within thirty days following final submission of the appeal, the board's decision is affirmed.

     Section 17. That § 13-28-20 be repealed.

     13-28-20.   If a student lives more than ten miles from the nearest school being operated in the student's district and bus service or dormitories are not provided the student, the school board shall by March first assign and agree to pay the tuition for the student to any public school

in this state or any other state which the student's parent or guardian requests. The change in enrollment may occur only at the commencement of a regular school term. In all other cases, the board shall consider its duty to provide an education within the guidelines of the South Dakota Board of Education's accreditation rules, the wishes of the parents or guardians of the child being assigned and the district patrons, the miles and time involved in transporting the student to school, and the educational and financial impact on the district. Any patron who is aggrieved by a decision of the school board may request a hearing within thirty days before the Department of Education and Cultural Affairs. If the Department of Education and Cultural Affairs has not rendered a decision within thirty days following final submission of the appeal, the board's decision is affirmed. Any costs for transporting a student to the requested school are the responsibility of the parent or guardian.

     Section 18. That § 13-28-22 be repealed.

     13-28-22.   All nursery, kindergarten, elementary, and secondary students not entitled to the free school privileges of the district wherein they are enrolled may be charged tuition.

    
     Section 19. That § 13-28-23 be repealed.

     13-28-23.   If a student has been assigned by the school board of the district where the student has a school residence or has been assigned as provided by statute, that school board shall pay the student's tuition. The school boards shall take action on any request regarding the establishment of the tuition rate or the payment of tuition within forty-five days after receiving the request. The school board may negotiate the rate of tuition with a school board or any other payer. A school board's decision with respect to the rate of tuition may be appealed to the circuit court in the time and manner specified by §   13-46-1 or to the secretary of the Department of Education and Cultural Affairs within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education and Cultural Affairs. The board shall take into consideration when negotiating the rate of tuition the average cost of educating a student in the district including transportation if required.

     Section 20. That § 13-28-24 be repealed.

     13-28-24.   Anyone who must personally pay tuition shall pay in advance the annual or monthly amount of tuition following a decision on school residency made pursuant to § §   13-28-9 and 13-28-10. If the student ceases to be a member of the school before the expiration of the term for which the tuition has been paid, the school board shall refund the unearned portion of the tuition upon the presentation of a proper voucher.

     Section 21. That § 13-28-30 be amended to read as follows:

     13-28-30.   A pupil is a member of the school from the date the pupil arrives at the school and is placed on the current roll until the pupil permanently leaves the school. The date of permanent withdrawal is the day the pupil last attended the school. Tuition for a pupil's period of enrollment is charged for each day the school is in session, plus days of legal discontinuance as defined by law.


     Section 22. That § 13-28-34 be amended to read as follows:

     13-28-34.   A school district board, administrator, or school employee may not give or promise to give, either directly or indirectly, any rebate or refund of any part of the tuition or transportation or any other thing of value as an inducement for attending school in a district. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

     Section 23. That § 13-28-38 be repealed.

     13-28-38.   Tuition required pursuant to §   13-28-22 may be waived if agreed to by the school boards involved. Notwithstanding § §   13-6-85, 13-28-9, 13-28-10, 13-28-20, and 13-28-21, the decision of a school board to waive or not to waive tuition is final except as specifically provided in this section. Any request for a waiver of tuition shall be made to the affected school boards by the parent or guardian of the affected student. The school boards shall take action on the request within forty-five days after receiving the request. A school board's decision pursuant to this section may be appealed to the circuit court in the time and manner specified by §   13-46-1 or to the secretary of the Department of Education and Cultural Affairs within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education and Cultural Affairs. The granting of any waiver is not a legal precedent for any future request for waiver.

     Section 24. The effective date of sections 15 to 23, inclusive, of this Act is July 1, 1998. "


     Rep. Fitzgerald moved as a substitue motion that HB 1075 be amended as follows:

c-1075c

     On page 2 of the House Education committee engrossed bill , delete lines 5 to 9 , inclusive , and insert the following:

"established by the district pursuant to section 5 of this Act. In determining whether to accept or reject a request for a transfer out of the district that exceeds the reduction rates in total enrollment defined in this section, the district shall rely on criteria established by the district pursuant to section 5 of this Act. For the first year following the effective date of this Act, the reduction rate is two percent or one student, whichever is greater. For the second year, the reduction rate is five percent, and for subsequent years, the reduction rate is ten percent. However, any such resident district at its discretion may elect to exceed the reduction rates."

    Which motion lost.

    The question now being on Rep. Gabriel's motion that HB 1075 be amended.

    A roll call vote was requested and supported.

    


     And the roll being called:

     Yeas 39, Nays 27, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer- Clemens; Gabriel; Hagen; Hunt; Konold; Madden; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Van Gerpen; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Brooks; Chicoine; Collier; Duxbury; Fitzgerald; Gleason; Haley; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Pummel; Schrempp; Sperry; Volesky; Waltman; Wetz

     Excused were:
Cerny; Hassard; Jorgensen

     Absent and Not Voting were:
Putnam

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1075 was so amend

t-1075j

     Rep. Brown (Richard) moved that HB 1075 be further amended as follows:

     On page 2 of the House Education committee engrossed bill , delete lines 12 to 15 , inclusive , and insert:

"

     The resident district is responsible for the provision of a free appropriate public education for students in need of special education or special education and related services. A request to transfer a student in need of special education or special education and related services may be granted only if, through the placement committee process, the resident and nonresident districts determine that the nonresident district can provide an appropriate instructional program and facilities to meet the student's needs. The resident district shall reimburse the nonresident district actual costs incurred in providing an appropriate special education for a student in need of special education and related services. Notwithstanding the provisions of section 6 of this Act, the placement committee, including representatives of the resident and nonresident districts, shall determine whether a student in need of special education requires transportation as a related service. If so, the resident district shall provide or ensure the provision of transportation.

     If a parent or guardian of a student in need of special education or special education and related services wishes to transfer the student back to the resident district, the request shall be

considered by the placement committee. The committee must include representatives of the resident and nonresident districts. "


     Which motion prevailed and HB 1075 was so amended.

t-1075f

     Rep. de Hueck moved that HB 1075 be further amended as follows:

     On page 3 of the House Education committee engrossed bill , delete lines 15 to 19 , inclusive , and insert:

"

     Each school district by November 1, 1997 shall by resolution adopt relevant standards for the acceptance and rejection of an application to enroll in the district under the provisions of this Act. The board shall hold a public hearing on the standards, adopt them through official board action, set them forth in writing, and make them available to any individual upon receiving an oral or written request. Standards may include the capacity of a program, class size, pupil/teacher ratio, impact on facilities, or other related relevant factors. The decision of a local school board regarding a student's application for open enrollment or a request to return to the resident district under the provisions of this Act is subject to de novo appeal under the provisions of chapter 1-26D. The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 specifying procedural and administrative requirements for the implementation of the open enrollment program and related transfers and enrollments under the provisions of this Act. "


     Which motion prevailed and HB 1075 was so amended.
b-1075

     Rep. McNenny moved that HB 1075 be further amended as follows:

     On the House Education committee engrossed bill, Delete everything after the enacting clause and insert:

“

     Section 1. The Legislature requests that the Executive Board of the Legislative Research Council conduct an interim study of open enrollment in public school districts. “
    
     A roll call vote was requested and supported.
    
     The question now being on Rep. McNenny's motion that HB 1075 be amended.
    
     And the roll being called:
    
     Yeas 24, Nays 44, Excused 2, Absent and Not Voting 0
    
     Yeas were:
Apa; Brooks; Brosz; Brown (Jarvis); Chicoine; Duenwald; Duxbury; Fischer-Clemens; Hagen; Jaspers; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Munson (Donald); Pummel; Roe; Schaunaman; Schrempp; Waltman; Wetz
    
          Nays were:
     Barker; Belatti; Broderick; Brown (Richard); Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Madden; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Rost; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wick; Windhorst; Speaker Hagg
    
          Excused were:
     Cerny; Jorgensen
    
     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

    The question being shall "HB 1075 pass as amendeThe question being "Shall HB 1075 pass as amended?"


    
     And the roll being called:
    
     Yeas 51, Nays 17, Excused 2, Absent and Not Voting 0
    
     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Madden; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Rost; Smidt; Sokolow; Sperry; Van Gerpen; Weber; Wick; Windhorst; Speaker Hagg
    
          Nays were:
     Brooks; Chicoine; Jaspers; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Munson (Donald); Pummel; Roe; Schaunaman; Schrempp; Volesky; Waltman; Wetz
    
          Excused were:
     Cerny; Jorgensen
    
     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.
    
     The question being on the titThe question being on the title.

     Rep. Eccarius moved that the title to HB 1075 be amended as follows:
t-1075ta
    
     On page 1 , line 1 of the House Education committee engrossed bill , delete " limited " .


     Which motion prevailed and the title was so amended.

     HB 1108   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to soil erosion and sediment damage control.

     Was read the second time.

t-1108c

     Rep. Wetz moved that HB 1108 be amended as follows:

     On page 2 , line 14 of the House Agriculture and Natural Resources committee engrossed bill , delete everything after " agencies " and insert " and that are subject to regulation under chapter 45-6B, chapter 34A-6, or chapter 34A-13, or which otherwise require plans for soil erosion and sediment damage control are exempt from the provisions of this Act. " .
    
     On page 2 , delete line 15 .

     Which motion prevailed and HB 1108 was so amended.

     The question being "Shall HB 1108 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Brosz; Volesky

     Excused were:
Cerny; Jorgensen; Munson (Donald)


     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.


     HB 1088   :   FOR AN ACT ENTITLED, An Act   to prohibit partial-birth abortions, to provide a criminal penalty therefor, and to establish a civil cause of action.

     Having had its second reading was up for consideration and final passage.

     The question being "Shall HB 1088 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Collier; Hagen; Schaunaman

     Excused were:
Cerny; Gabriel; Jorgensen

     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.

     HB 1087   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes pertaining to abortions.

     Having had its second reading was up for consideration and final passage.

     Rep. Davis moved that HB 1087 be deferred until the 41st legislative day.

     The question being on Rep. Davis' motion that HB 1087 be deferred until the 41st legislative day.

    
     And the roll being called:

     Yeas 7, Nays 60, Excused 3, Absent and Not Voting 0

     Yeas were:
Barker; Brown (Richard); Collier; Davis; Hagen; Lockner; Richter

     Nays were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Cerny; Gabriel; Jorgensen

     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 "Shall HB 1087 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Collier; Davis; Hagen; Richter

     Excused were:
Cerny; Gabriel; Jorgensen

     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.


     HB 1164   :   FOR AN ACT ENTITLED, An Act   to authorize sanctions for inmate abuse of the court system and to require inmate financial responsibility for costs incurred or benefits reaped from the court actions.

     Was read the second time.

     Rep. Cutler moved that HB 1164 be deferred until Wednesday, February 12th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1147   :   FOR AN ACT ENTITLED, An Act   to provide for directed trusts.

     Was read the second time.

     The question being "Shall HB 1147 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Collier; Richter; Rost; Van Gerpen

     Excused were:
Cerny; Gabriel; Jorgensen

     Absent and Not Voting were:
Smidt

     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.

     HB 1170   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding shoplifting.

     Was read the second time.
r-1170d

     Rep. Windhorst moved that HB 1170 be amended as follows:

     On page 1 , line 10 of the House Judiciary committee engrossed bill , remove the overstrikes from " three " .
    
     On page 1 , line 11 , delete " four " .

     Which motion lost.

     The question being "Shall HB 1170 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Brown (Jarvis); Collier; DeMersseman; Speaker Hagg

     Excused were:
Cerny; Jorgensen; Schaunaman

     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.

     HB 1145   :   FOR AN ACT ENTITLED, An Act   to revise the list of projects included in a special appropriation to the State Fair.

     Was read the second time.

     Rep. DeMersseman moved the previous question.


     Which motion prevailed.

     The question being "Shall HB 1145 pass?"

     And the roll being called:

     Yeas 53, Nays 12, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Speaker Hagg

     Nays were:
Brooks; Cutler; Fiegen; Fitzgerald; Hassard; Koskan; Madden; Napoli; Putnam; Richter; Wick; Windhorst

     Excused were:
Cerny; Jorgensen; Schaunaman

     Absent and Not Voting were:
Pummel; Van Gerpen

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

     HB 1100   :   FOR AN ACT ENTITLED, An Act   to provide special license plates for shriners.

     Was read the second time.

     The question being "Shall HB 1100 pass?"

     And the roll being called:

     Yeas 31, Nays 34, Excused 4, Absent and Not Voting 1

     Yeas were:
Belatti; Brooks; Brown (Jarvis); Brown (Richard); Collier; Davis; de Hueck; Duxbury; Fischer- Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Matthews; Monroe; Peterson (Bill); Pummel; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Windhorst

     Nays were:
Apa; Barker; Broderick; Brosz; Chicoine; Crisp; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers; Konold; Koskan; Kredit; Madden; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Putnam; Richter; Roe; Rost; Wetz; Wick; Speaker Hagg

     Excused were:
Cerny; Jorgensen; Schaunaman; Van Gerpen

     Absent and Not Voting were:
Hassard

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 155   :   FOR AN ACT ENTITLED, An Act   to revise the responsibilities of counties providing for prisoner care and the liability of prisoners for reimbursing the county for costs incurred.

     Was read the first time and referred to the Committee on Local Government.

     SB 163   :   FOR AN ACT ENTITLED, An Act   to authorize certain counties to issue one additional on-sale liquor license under certain conditions.

     Was read the first time and referred to the Committee on Commerce.

     SB 168   :   FOR AN ACT ENTITLED, An Act   to revise the penalties for inmate escape from Department of Corrections custody.

     Was read the first time and referred to the Committee on Judiciary.

     SB 169   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the funds available from a defendant who has been assigned counsel.


     Was read the first time and referred to the Committee on Judiciary.

     SB 178   :   FOR AN ACT ENTITLED, An Act   to require the mandatory payment of costs and attorney's fees in frivolous or malicious actions.

     Was read the first time and referred to the Committee on Judiciary.

    Speaker Pro tempore Hunt now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 33   :   FOR AN ACT ENTITLED, An Act   to allow class B members of the South Dakota Retirement System to purchase certain public service as class B service.

     Was read the second time.

     The question being "Shall SB 33 pass?"

     And the roll being called:

     Yeas 62, Nays 1, Excused 7, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa

     Excused were:
Cerny; Duniphan; Jorgensen; Koetzle; Lee; Schaunaman; Van Gerpen

     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.

     SB 56   :   FOR AN ACT ENTITLED, An Act   to revise certain authority of the secretary of health to enter into mutual agreements regarding inspections of lodging and food services.

     Was read the second time.

     The question being "Shall SB 56 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 5, Excused 6, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Hagen; Hassard; Moore; Sokolow; Volesky

     Excused were:
Cerny; Jorgensen; Koetzle; Lee; Schaunaman; Van Gerpen

     Absent and Not Voting were:
de Hueck

     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.

     SB 32   :   FOR AN ACT ENTITLED, An Act   to grant credited service to certain members of the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall SB 32 pass?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 6, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Cerny; Jorgensen; Koetzle; Lee; Schaunaman; Van Gerpen

     Absent and Not Voting were:
Kooistra

     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.

     SB 34   :   FOR AN ACT ENTITLED, An Act   to increase the retirement allowance for certain credited service under the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall SB 34 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Fiegen

     Excused were:
Cerny; Jorgensen; Koetzle; Lee; Schaunaman; Van Gerpen

     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.

     SB 35   :   FOR AN ACT ENTITLED, An Act   to remove South Dakota Retirement System additional survivor protection payments as deductions against lump-sum payments.

     Was read the second time.

     The question being "Shall SB 35 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 4, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Cerny; Jorgensen; Schaunaman; Van Gerpen

     Absent and Not Voting were:
DeMersseman; Duniphan

     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.

     SB 50   :   FOR AN ACT ENTITLED, An Act   to authorize the Board of Regents to accept title to the swine test station facilities located on the campus of South Dakota State University.

     Was read the second time.

     The question being "Shall SB 50 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Koetzle

     Excused were:
Cerny; DeMersseman; Duniphan; Jorgensen; Schaunaman; Van Gerpen

     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.

     SB 67   :   FOR AN ACT ENTITLED, An Act   to transfer the authority to certify sign language interpreters to the Department of Human Services.

     Was read the second time.

t-67

     Rep. Fischer-Clemens moved that SB 67 be amended as follows:

     On page 2 , line 1 of the Senate Health and Human Services committee engrossed bill , delete " instructor " and insert " interpreter " .


     Which motion prevailed and SB 67 was so amended.

     The question being "Shall SB 67 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Cerny; DeMersseman; Duniphan; Jorgensen; Schaunaman; Van Gerpen

     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.

     SB 71   :   FOR AN ACT ENTITLED, An Act   to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     Was read the second time.

     The question being "Shall SB 71 pass?"

     And the roll being called:

     Yeas 61, Nays 3, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Hassard; Napoli; Windhorst

     Excused were:
Cerny; DeMersseman; Duniphan; Jorgensen; Schaunaman; Van Gerpen

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


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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HJR 1005 was lost on second reading and final passage.

Respectfully,
PATRICIA ADAM, Secretary

COMMEMORATIONS


     HC 1006   Introduced by:  Representatives Lockner and Duxbury and Senator Morford-Burg

A LEGISLATIVE COMMEMORATION,  Honoring Ms. Rochelle R. Cundy, 1997 South     Dakota State Snow Queen, Miller, South Dakota.

     WHEREAS,  Ms. Rochelle R. Cundy has demonstrated superior academic achievement in her four years of high school at the Miller School District, Miller, South Dakota. Rochelle will graduate with a grade point average of 4.0, and a class rank of one out of forty-six; and

     WHEREAS,  Rochelle has been involved in student activities and organizations throughout her high school career including, concert, marching, pep, and jazz band, chorus, vocal jazz, oral interpretation, one-act contest plays, the All-School Spring Show, cheerleading, Medical Explorers, Writer's Club, Improvisational Theater Troupe, Athletic Club, Pep Club, church youth group, class officer, Student Council, and the National Honor Society; and

     WHEREAS,  as a resident of Miller, Rochelle has made outstanding contributions to the community through her participation in the Meals on Wheels Program, the elementary music contests, and to various other community groups as a volunteer speaker and entertainer. Rochelle has represented her community by receiving numerous honors and awards, including the Miller Junior Snow Queen title, State Junior Snow Queen 2nd Runner-up title, State Junior Snow Queen Miss Congeniality title, 1997 South Dakota Snow Queen title, and 1997 South Dakota Snow Queen Miss Congeniality title. It is an exceptional honor to be chosen as the South Dakota Snow Queen, as well as South Dakota Snow Queen Miss Congeniality:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-second Legislature of the State of South Dakota, that Ms. Rochelle R. Cundy be recognized for her outstanding achievements in academics, student activities, community services, and recognition at the local and state levels of the South Dakota Snow Queen Pageant.


     Rep. Duenwald moved that the House do now adjourn, which motion prevailed, and at 5:56 p.m. the House adjourned.
KAREN GERDES, Chief Clerk