JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



THIRTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 28, 1997

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Vicar Glenn Gutz, followed by the Pledge of Allegiance led by House page Karin Simon.

     Roll Call: All members present except Reps. Koetzle, Lockner, and Schrempp 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 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,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has reconsidered SB 13 and returns the same with the recommendation that said bill be amended as follows:

f-13t
     On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " revise certain provisions concerning the taxation of transportation services. "

f-13b

     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  1.  That § 10-45-80 be repealed.
     10-45-80.   For any small package delivery company which has an established pricing and
billing mechanism that does not correspond to state boundaries, the tax imposed
by § §   10-45-70 and 10-46-57 shall be paid as follows:

                   (1)      For transportation services rendered to customers of the small package delivery company which are licensed to collect and remit the tax imposed by this chapter, the tax imposed by § §   10-45-70 and 10-46-57 shall be accrued and paid directly by the customer; and
                   (2)      For transportation services rendered to customers of the small package delivery company which are not licensed to collect and remit the tax imposed by this chapter, the small package delivery company and the secretary of revenue shall enter into an agreement concerning the determination of the value of the small package delivery company's taxable transportation services rendered to such customers. This subdivision does not prohibit the small package delivery company from passing the burden of the tax on to such customers.
    For purposes of this section, a small package delivery company is a small package transportation service, courier service, or parcel service that is primarily engaged in the transportation and delivery of packages generally weighing less than one hundred fifty pounds. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has reconsidered SB 128 and returns the same with the recommendation that said bill do not pass.


Respectfully submitted,
Steve Cutler, Chair
Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 213, 241, and 260 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 169 and 181 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 Judiciary respectfully reports that it has had under consideration SB 245 and returns the same with the recommendation that said bill be amended as follows:

r-245d

     On page 12 of the Senate State Affairs committee engrossed bill , delete lines 19 and 20 , and insert:

" plan, and in a reasonable amount, but, in all cases, limited to the amounts deductible " .



     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 114 which was tabled.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 217 which was deferred to the 41st legislative day.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 149 and 235 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 187 and 87 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 Judiciary respectfully reports that it has had under consideration SB 209 and returns the same with the recommendation that said bill be amended as follows:

r-209a

     On page 1 , line 7 of the Senate engrossed bill , after " § 25-10-1(2) " insert " , except against any person related by consanguinity, but not living in the same household " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 267 and returns the same with the recommendation that said bill be amended as follows:

r-267d

     On page 3 of the Senate engrossed bill , delete lines 21 to 24 , inclusive .

     On page 4 , delete line 1 .

R-267c

     On page 3 , line 19 of the Senate engrossed bill , remove the overstrikes from " Class 1 " .

     On page 3 , line 20 , remove the overstrikes from " misdemeanor " .

     On page 3 , line 20 , delete " Class 6 felony " .

R-267t

     On page 1 , line 2 of the Senate engrossed bill , delete " and to appropriate money for at- risk " .

     On page 1 , line 3 , delete " youth programs " .

     And that as so amended said bill do pass.
Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 133 which was tabled.


Respectfully submitted,
Roger Hunt, Chair
Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 108 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 254 and returns the same with the recommendation that said bill be amended as follows:

z-254c

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

"      Section 1.There is hereby appropriated from the general fund the sum of one hundred fifty thousand dollars ($150,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide grants to Cheyenne River Community College in Eagle Butte, Oglala Lakota College in Kyle, Sinte Gleska University in Rosebud, and Sisseton- Wahpeton Community College in Sisseton, provided the institutions maintain accreditation by the North Central Association of Colleges and Secondary Schools.

     Section  2.  In awarding the grants, the department shall calculate each institution's share of the funds in section 1 of this Act by multiplying the total appropriation by the percentage of total enrollment at each institution.

     Section  3.  Any institution receiving a grant pursuant to this Act shall provide the department a copy of the institution's nondiscrimination policy whereby the institution does not engage in and will discipline acts of discrimination on the basis of race, sex, religion, or natural origin in regards to its employment practices.

     Section  4.  The secretary of the Department of Education and Cultural Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section  5.  That section 5 of chapter 134 of the 1996 Session Laws be repealed.

        Section 5. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide cost equalization grants to non-Indian students attending tribal universities or colleges.


     Section  6.  That section 3 of chapter 105 of the 1995 Session Laws be repealed.

        Section 3. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide cost equalization grants as provided in sections 8 to 13, inclusive, of this Act to non-Indian students attending tribal universities or colleges. "


z-254ta

     On page 1 , line 1 of the Senate Appropriations committee engrosssed bill , delete everything after " for " and insert " grants to tribal institutions. "

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 72 and returns the same with the recommendation that said bill be amended as follows:

z-72d

     On page 4 of the Senate engrossed bill , delete lines 6 to 9 , inclusive .

Z-72t

     On page 1 , line 2 of the Senate engrossed bill , delete " and to require a legislative interim study of educational opportunities " .

     And that as so amended said bill do pass.


MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 10 which was deferred to the 41st legislative day.


Respectfully submitted,
J.E. “Jim” Putnam, Chair



Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HCR 1012 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 121 and 215 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 261 and returns the same with the recommendation that said bill be amended as follows:

o-261a

     On page 1 , line 6 of the Senate engrossed bill , after " unconditional " insert " except as otherwise provided by § 25-6-21 " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 178 and returns the same with the recommendation that said bill be amended as follows:

o-178

     On page 1 , line 7 of the printed bill , after " action " insert " or defense " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR 2 which was deferred to the 41st legislative day.

Respectfully submitted,
Larry E. Gabriel, Chair
REPORTS OF JOINT SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the 39th and 40th legislative days of the Seventy-second Legislative Session be March 25 and 26.

Respectfully submitted,    Respectfully submitted,
STEVE CUTLER    M. MICHAEL ROUNDS
LARRY E. GABRIEL    HAROLD W. HALVERSON
PAT HALEY    BERNIE HUNHOFF
House Committee    Senate Committee


     Rep. Cutler moved that the report of the Joint-Select Committee relative to making arrangements for legislative days be adopted.

     Which motion prevailed and the report was adopted.


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has changed the members on the Conference Committee for HB 1102 and appointed Sens. Everist, Shoener, and Hutmacher.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1088, 1179, 1180, 1196, 1204, 1209, 1213, and 1233 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1199, 1245, 1261, and 1262 which have been amended by the Senate and your concurrence in the amendment is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1035.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of recommending that the 39th and 40th legislative days of the Seventy-second Legislative Session be March 25 and 26.

Respectfully,
PATRICIA ADAM, Secretary


CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 157 as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall the recommendation of the Govenor as to style and form of SB 157 be approved?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent and Not Voting 0

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

     Nays were:
Peterson (Bill)


     Excused were:
Duxbury; Koetzle; Lockner; Schrempp

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

MOTIONS AND RESOLUTIONS


     Rep. Eccarius moved that the House do not concur in Senate amendments to HB 1075 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Eccarius, Richard Brown, and Lucas.

     Rep. McNenny moved that the House do concur in the Senate amendments to HB 1089.

     The question being on Rep. McNenny's motion that the House do concur in the Senate amendments to HB 1089.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

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

     Excused were:
Duxbury; Koetzle; Lockner; Putnam; Schrempp

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and Senate amendments to HB 1089 were concurred in.

     Rep. Wetz moved that the House do concur in the Senate amendments to HB 1150.

     Rep. Bill Peterson moved as a substitute motion that the House do not concur in Senate amendments to HB 1150 and that a committee of three on the part of the House be appointed

to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    A roll call vote was requested and supported.

     The question being on Rep. Bill Peterson's substitute motion that the House do not concur in Senate amendments to HB 1150 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     And the roll being called:

     Yeas 36, Nays 29, Excused 5, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Konold; Lee; Lucas; Matthews; Moore; Munson (Donald); Peterson (Bill); Roe; Schaunaman; Sokolow; Volesky; Waltman; Speaker Hagg

     Nays were:
Apa; Brooks; Davis; Duenwald; Eccarius; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Kredit; Madden; McNenny; Monroe; Napoli; Pederson (Gordon); Pummel; Richter; Rost; Smidt; Sperry; Van Gerpen; Weber; Wetz; Wick; Windhorst

     Excused were:
Duxbury; Koetzle; Lockner; Putnam; Schrempp

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried, the House did not concur in Senate amendments to HB 1150 and a committee was appointed.

    The Speaker appointed as such committee Reps. Wetz, Bill Peterson, and Cerny.

     Rep. Chicoine moved that the House do not concur in Senate amendments to HB 1158 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Brooks, Rost and Chicoine.

     Rep. Cutler moved that the House do concur in the Senate amendments to HB 1167.

     The question being on Rep. Cutler's motion that the House do concur in the Senate amendments to HB 1167.


     And the roll being called:

     Yeas 60, Nays 5, Excused 5, Absent and Not Voting 0

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

     Nays were:
Fiegen; Hagen; Kredit; Moore; Speaker Hagg

     Excused were:
Duxbury; Koetzle; Lockner; Putnam; Schrempp

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and Senate amendments to HB 1167 were concurred in.

     Rep. Cerny moved that the House do concur in the Senate amendments to HB 1177.

     The question being on Rep. Cerny's motion that the House do concur in the Senate amendments to HB 1177.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

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

     Excused were:
Duxbury; Koetzle; Lockner; Putnam; Schrempp

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and Senate amendments to HB 1177 were concurred in.


     Rep. Gabriel moved that the House do not concur in Senate amendments on HB 1272 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Gabriel, Hagg, and Collier.

     SCR 4   :   A CONCURRENT RESOLUTION,   Urging the Environmental Protection Agency to reaffirm certain air quality standards.

     Rep. Brooks moved that SCR 4 as found on page 355 of the Senate Journal be concurred in.

     The question being on Rep. Brooks' motion that SCR 4 be concurred in.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

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

     Excused were:
Duxbury; Koetzle; Lockner; Putnam; Schrempp

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

     Rep. Gabriel moved that the Committee on Health and Human Services be instructed to deliver SB 198 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Yesterday, Rep. Roe announced his intention to reconsider the vote by which SB 166 was passed.

    Rep. Roe moved to reconsider the vote by which SB 166 was passed.

     The question being on Rep. Roe's motion to reconsider the vote by which SB 166 was passed.

     And the roll being called:

     Yeas 29, Nays 34, Excused 6, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Broderick; Chicoine; Collier; Cutler; Davis; Derby; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Kazmerzak; Lee; Lucas; Monroe; Moore; Munson (Donald); Peterson (Bill); Roe; Schaunaman; Sokolow; Sperry; Volesky; Waltman; Weber; Speaker Hagg

     Nays were:
Belatti; Brooks; Brosz; Brown (Richard); Cerny; Crisp; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Jaspers; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Pummel; Richter; Rost; Smidt; Van Gerpen; Wetz; Wick; Windhorst

     Excused were:
Brown (Jarvis); Duxbury; Koetzle; Lockner; Putnam; Schrempp

     Absent and Not Voting were:
Jorgensen

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

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Agriculture & Natural Resources on SB 137 as found on page 745 of the House Journal; also

     Education on SB 154 as found on page 746 of the House Journal; also

     Education on SB 170 as found on page 747 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Napoli moved that the report of the Conference Committee on HB 1035 as found on page 756 of the House Journal be adopted.


     The question being on Rep. Napoli's motion that the report of the Conference Committee on HB 1035 be adopted.

     And the roll being called:

     Yeas 59, Nays 2, Excused 7, Absent and Not Voting 2

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

     Nays were:
Fiegen; Sokolow

     Excused were:
Davis; Duxbury; Hassard; Koetzle; Lockner; Putnam; Schrempp

     Absent and Not Voting were:
Barker; Duniphan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the Conference Committee Report on HB 1035 was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Sokolow requested that SB 126 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 165   :   FOR AN ACT ENTITLED, An Act   to authorize the State Electrical Commission to establish a biennial license fee for a maintenance electrician's license.

     Was read the second time.

     The question being "Shall SB 165 pass?"

     And the roll being called:

     Yeas 59, Nays 3, Excused 6, Absent and Not Voting 2

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

     Nays were:
Kazmerzak; Monroe; Moore

     Excused were:
Davis; Duxbury; Koetzle; Lockner; Putnam; Schrempp

     Absent and Not Voting were:
Barker; Duniphan

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Gabriel moved that SB 202, 75, 143, 259, 266, 70, 211 and 228 be deferred until Monday, March 3rd, the 35th legislative day.

     Which motion prevailed and the bills were so deferred.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill be amended as follows:

r-103e

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

"      Section 1. That § 32-33-18 be amended to read as follows:

     32-33-18.   Any driver of a motor vehicle who intentionally fails or refuses to bring his a vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police law enforcement vehicle, when given visual or audible signal to bring the vehicle to a stop, shall be is guilty of a misdemeanor as provided by §   32-33-19 eluding . The signal given by the police law enforcement officer may be by hand, voice, emergency light or siren. The officer giving such the signal shall be in uniform, prominently displaying his a badge of office, and his the vehicle shall be appropriately marked showing it to be an official police law enforcement vehicle.

     Eluding is a Class 1 misdemeanor. In addition, the court shall order that the defendant's driver's license be suspended for one year, but may issue an order allowing the defendant a work permit. Any person who is found guilty of eluding is subject to the additional enhanced penalties if the course of eluding results in:

             (1)    Death or great bodily injury to another person, a Class 4 felony; and

             (2)    Substantial bodily injury to another person or property damage in excess of two thousand dollars to property belonging to a person other than the person eluding, a Class 5 felony.

For any subsequent violation, the court shall order that the defendant's driver's license be suspended for five years.

     Section 2. That § 32-33-19 be repealed.

     32-33-19.   Any person who flees from or attempts to elude a police officer under the circumstances described in §   32-33-18 is guilty of a Class 1 misdemeanor. In addition to such penalty, the court shall order that the defendant's driving privilege be suspended for thirty days. However, the court may in its discretion issue an order permitting the person to operate a motor vehicle for purposes of the person's employment during the hours of the day and the days of the week as set forth in the order. The court may also order the revocation of the defendant's driving privilege for a further period not to exceed one year or restrict the privilege in such manner as the court determines for a period not to exceed one year. "

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be amended as follows:

r-168

     On page 1 , line 7 of the printed bill , delete " mandatory " .

     On page 1 , line 7 , delete " of not less than " .

     On page 1 , line 8 , delete " seven years, which sentence may not be suspended " .


     And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 91, 188, and 263.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Rounds, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1075.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Daugaard, Albers, and Flowers as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1158.

Respectfully,
PATRICIA ADAM, Secretary

REPORTS OF CONFERENCE COMMITTEE


MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1164 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1164 be amended as follows:

r-1164c

     On page 2 , line 16 of the Senate engrossed bill , after " an " insert " adult " .

Respectfully submitted,    Respectfully submitted,
KAY S. JORGENSEN    FRED WHITING
PATRICIA DE HUECK    BOB DRAKE
GARRY A. MOORE    JIM LAWLER
House Committee    Senate Committee

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1005, 1045, 1082, 1087, 1145, 1146, 1155, 1159, 1165, 1182, 1185, 1192, 1205, 1207, 1223, 1229, 1259, 1263, 1265, 1269, and 1278 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1005: FOR AN ACT ENTITLED, An Act  to revise certain terms relating to centrally assessed property and the taxation of certain centrally assessed property.

     HB 1045: FOR AN ACT ENTITLED, An Act  to make an appropriation for the Mickelson Scholars Program.
     HB 1082: FOR AN ACT ENTITLED, An Act  to reduce the voting requirements of the board of adjustment and to increase the minimum number of members appointed to the planning and zoning commission.

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

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

     HB 1146: FOR AN ACT ENTITLED, An Act  to make an appropriation for the support of the Northern Crops Institute.

     HB 1155: FOR AN ACT ENTITLED, An Act  to revise the requirement that certain inactive employers establish new unemployment compensation experience-rating accounts.

     HB 1159: FOR AN ACT ENTITLED, An Act  to authorize the towing of certain anhydrous ammonia fertilizer tanks in combination.

     HB 1165: FOR AN ACT ENTITLED, An Act  to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.

     HB 1182: FOR AN ACT ENTITLED, An Act  to revise the places where vending machines selling tobacco products may be located.

     HB 1185: FOR AN ACT ENTITLED, An Act  to allow banks to purchase fractional shares of common stock for the purpose of canceling the fractional shares.

     HB 1192: FOR AN ACT ENTITLED, An Act  to exempt certain communications and computer technologies and equipment from bidding requirements.

     HB 1205: FOR AN ACT ENTITLED, An Act  to increase the expense allowance of legislators.

     HB 1207: FOR AN ACT ENTITLED, An Act  to allow certain malt beverage manufacturers to serve wine for consumption on their premises.

     HB 1223: FOR AN ACT ENTITLED, An Act  to provide for certain agency appeals to the Interim Rules Review Committee during the rules promulgation process.

     HB 1229: FOR AN ACT ENTITLED, An Act  to make certain livestock operations subject to certain environmental fees.

     HB 1259: FOR AN ACT ENTITLED, An Act  to provide certain provisions regarding inmate assault against Department of Corrections or county jail employees and to declare an emergency.
     HB 1263: FOR AN ACT ENTITLED, An Act  to make an appropriation for a donation for the Women In Military Service For America Memorial.

     HB 1265: FOR AN ACT ENTITLED, An Act  to direct the Bureau of Personnel to analyze the financial feasibility of, and if found to be feasible, design a medical savings account program as an additional health coverage option for enrollees of the public employee group health insurance plan.

     HB 1269: FOR AN ACT ENTITLED, An Act  to revise certain provisions of the uniform commercial code.

     HB 1278: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the crime victims' compensation program.

     SB 54: FOR AN ACT ENTITLED, An Act  to revise the violations which are cause for the revocation of a person's hunting, trapping, or fishing privileges and to extend the duration of the revocation.

     SB 77: FOR AN ACT ENTITLED, An Act  to require the licensure of nonresident pharmacies.

     SB 86: FOR AN ACT ENTITLED, An Act  to revise the standard of proof concerning whether certain acts of practitioners of the healing arts are within the scope of their practice.

     SB 122: FOR AN ACT ENTITLED, An Act  to eliminate the requirement of a transfer hearing in certain proceedings against a delinquent child.

     SB 124: FOR AN ACT ENTITLED, An Act  to revise the tourism promotion tax, to appropriate the revenue therefrom, and to declare an emergency.

     SB 142: FOR AN ACT ENTITLED, An Act  to authorize the use of the municipal sales tax for certain street rehabilitation and reconstruction.

     SB 162: FOR AN ACT ENTITLED, An Act  to require disclosure of certain information involving the sale, transfer, or merger of the assets of a nonprofit corporation.

     SB 182: FOR AN ACT ENTITLED, An Act  to modify the procedure for issuing a driver's license or nondriver identification card.

     SB 196: FOR AN ACT ENTITLED, An Act  to provide for civil enforcement of statutes against assisted suicide.

     SB 221: FOR AN ACT ENTITLED, An Act  to exempt snowmobiles from uninsured and underinsured motorist coverage.

     SB 223: FOR AN ACT ENTITLED, An Act  to temporarily authorize school districts to extend school days to make up time lost because of inclement weather and to declare an emergency.

     And signed the same in the presence of the House.

     COMMEMORATIONS


     HC 1009   Introduced by:  Representatives Chicoine and Broderick and Senator Albers

A LEGISLATIVE COMMEMORATION,  honoring the achievements, growth, and entrepreneurial spirit of North Sioux City, South Dakota.

     WHEREAS,  Stevens, South Dakota became North Sioux City in 1951 and has since experienced significant growth in population and industrialization over the years; and

     WHEREAS,  the presence of Gateway 2000 in North Sioux City resulted in the steady population growth of the town to the present 2,400 people; and

     WHEREAS,  the industrial park established in 1984 continually attracts new businesses and industry to North Sioux City; and

     WHEREAS,  Gateway 2000 established itself in North Sioux City in 1990 in hopes of tapping into the South Dakota work ethic and presently employs 5,500 people; and

     WHEREAS,  the aforementioned positive economic growth generates money not only for North Sioux City, but for all of South Dakota in the form of tax revenue:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-second Legislature of the State of South Dakota, that North Sioux City be declared the "Capital of the Silicone Prairie."

     Rep. Hunt moved that the House do now adjourn, which motion prevailed, and at 2:20 p.m. the House adjourned.

KAREN GERDES, Chief Clerk