House Journal 02/26/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

THIRTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 26, 1998

     The House convened at 8:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by House page Laura Blom.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-second day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

REX HAGG, Chair

Which motion prevailed and the report was adopted.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 67, 111, 112, and 193.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1016 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 206.

Respectfully,
PATRICIA ADAM, Secretary

Rep. Gabriel moved that the House do now recess until 8:45 a.m., which motion prevailed and at 8:12 a.m., the House recessed.

RECESS

The House reconvened at 8:45 a.m., the Speaker presiding.

MOTIONS AND RESOLUTIONS

Rep. Gabriel moved that the House do concur in the Senate amendments to HB 1160.

Rep. Haley moved as a substitute motion that the House do not concur in Senate amendments to HB 1160 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.

The question being on Rep. Haley's substitute motion that the House do not concur in Senate amendments to HB 1160 and that a committee be appointed.

A roll call vote was requested and supported.

     And the roll being called:

     Yeas 26, Nays 44, Excused 0, Absent and Not Voting 0

     Yeas were:
Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber

     Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Solum; Wetz; Wick; Windhorst; Speaker Hagg

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


    The question now being on Rep. Gabriel's motion that the House do concur in the Senate amendments to HB 1160.

     And the roll being called:

     Yeas 48, Nays 22, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Cutler; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Solum; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Cerny; Collier; Crisp; Davis; de Hueck; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber

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

Speaker Pro tempore Hunt now presiding.

SCR 6: A CONCURRENT RESOLUTION, Endorsing the We the People . . . Project Citizen Program.

Rep. Lucas moved that SCR 6 as found on page 622 of the Senate Journal be concurred in.

Rep. Brown (Richard) moved that SCR 6 be amended as follows:

    On page 622 of the Senate Journal, delete lines 29 and 30, inclusive.

     Which motion prevailed and SCR 6 was so amended.

    Rep. Apa moved the previous question.

Which motion prevailed.

     The question now being on Rep. Lucas' motion that SCR 6 as amended be concurred in.

     And the roll being called:

     Yeas 31, Nays 33, Excused 5, Absent and Not Voting 1

     Yeas were:
Barker; Brown (Richard); Cerny; Chicoine; Davis; de Hueck; Derby; Diedrich; Duxbury; Eccarius; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Peterson (Bill); Rost; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber; Speaker Hagg

Nays were:
Apa; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Crisp; Cutler; Duenwald; Duniphan; Fitzgerald; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; Kredit; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Smidt; Solum; Van Gerpen; Wetz; Wick; Windhorst

Excused were:
Broderick; Collier; Fiegen; Fischer-Clemens; Madden

Absent and Not Voting were:
Gabriel

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Duniphan moved that the report of the Conference Committee on SB 112 as found on page 938 of the House Journal be adopted.

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

     And the roll being called:

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

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

Excused were:
Broderick; Collier; Davis; Fiegen; Fischer-Clemens; Madden

Absent and Not Voting were:
Gabriel; Hagen; Koetzle

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 112 was adopted.

Rep. Pummel moved that the report of the Conference Committee on SB 206 as found on page 942 of the House Journal be adopted.

The question being on Rep. Pummel's motion that the report of the Conference Committee on SB 206 be adopted.

And the roll being called:

Yeas 56, Nays 3, Excused 9, Absent and Not Voting 2

Yeas were:
Apa; Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Weber; Wetz; Wick

Nays were:
Napoli; Waltman; Windhorst

Excused were:
Broderick; Collier; Davis; Fiegen; Fischer-Clemens; Madden; Pederson (Gordon); Volesky; Speaker Hagg

Absent and Not Voting were:
Gabriel; Koetzle

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 206 was adopted.

Rep. Gabriel moved that the House do now recess until 1:00 p.m., which motion prevailed and at 10:05 a.m., the House recessed.

RECESS

The House reconvened at 1:00 p.m., the Speaker presiding.

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

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1024, 1050, 1059, 1074, 1083, 1088, 1098, 1102, 1126, 1127, 1131, 1155, 1158, 1166, 1177, 1178, 1232, 1235, 1242, and 1249, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1067 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the form it passed the House.

Respectfully submitted,    Respectfully submitted,
KENNETH E. KREDIT    RANDY D. FREDERICK
    KERMIT STAGGERS
DEB FISCHER-CLEMENS    JIM HUTMACHER
House Committee    Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1262 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted, Respectfully submitted,
B. MICHAEL BRODERICK, JR. BARBARA EVERIST

DEB FISCHER-CLEMENS MEL OLSON
House Committee Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1302 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1302 be amended as follows:

r-1302

On page 1 , line 15 of the Senate Health and Human Services committee engrossed bill , delete " including " and insert " except " .

On page 2 , line 1 , delete " or in which the perpetrator has interest, but " and insert " and " .

On page 2 , line 2 , delete " held in joint tenancy " .

On page 2 , line 8 , delete " and jointly owned property " .

Respectfully submitted,    Respectfully submitted,
    ARNOLD M. BROWN
DAN MATTHEWS    DICK HAINJE
DAVID GLEASON    MEL OLSON
House Committee    Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1019 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1019 be amended as follows:

f-1019

On page 2 , after line 11 of the Senate Appropriations committee engrossed bill , insert:

" Section 3. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

Any rent payments made pursuant to subdivision 13-52-2(3), as authorized by the committee created by § 4-8A-2, may not exceed a term of one year without approval of the Legislature at the next legislative session. "

z-1019t

On page 1 , line 2 of the Senate Appropriations committee engrossed bill , after " certain educational facilities " insert " or make rent payments authorized by the Interim Appropriations Committee " .

Respectfully submitted,    Respectfully submitted,
MITCH RICHTER    RANDY D. FREDERICK
REX HAGG    WILLIAM J. JOHNSON
GARY A. SOKOLOW    H. PAUL DENNERT
House Committee    Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 147 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 147 be amended as follows:

o-147h

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

" Section 1. The Executive Board of the Legislative Research Council shall retain an outside neutral independent firm to collect empirical data and information regarding the economic and social effects gaming has had on the state and the citizens of the state. The firm shall make a report of its findings and conclusions to the Executive Board by a date to be determined by the Executive Board. The Executive Board shall appoint an interim legislative committee to review and evaluate the report of the independent firm, to study the possible effects of a repeal of video lottery, and to study the need to replace any revenues to the state if video lottery is repealed and, if necessary, to study possible options for replacement revenue. All costs of retaining an outside neutral independent firm shall be paid by the South Dakota Lottery from revenues generated from the state's share of video lottery revenues.

Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

o-147ta

On page 1 , line 1 of the House State Affairs committee engrossed bill , delete everything after the first "to" and insert " provide for a study of gaming in the state, to study the effects of a repeal of video lottery, and to declare an emergency. "

On page 1 , delete line 2 .

Respectfully submitted,    Respectfully submitted,
ROBERT A. ROE    KEITH PAISLEY
ROGER W. HUNT    ROBERT M. BENSON
CRAIG D. SCHAUNAMAN    JIM LAWLER
House Committee    Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sen. Dennert to replace Sen. Olson on the Conference Committee on HB 1019.

Respectfully,
PATRICIA ADAM, Secretary

Rep. Hunt moved that the House do now recess until 2:30 p.m., which motion prevailed and at 1:25 p.m., the House recessed.

RECESS

The House reconvened at 2:30 p.m., the Speaker presiding.

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

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 23 and the amendments thereto made by the House, and the disagreement of the two Houses thereon, and recommends that SB 23 be amended as follows:

z-23

On page 2 , line 9 of the House engrossed bill , delete " or his designee " .

On page 2 , line 10 , after " Regents " insert " or their designees " .

On page 2 , line 16 , delete " a commercially reasonable period of " and insert " the contractually specified " .

On page 2 , line 24 , after " approval. " insert " An adequate performance bond shall be purchased by the contracting parties. "

On page 3 , line 14 , after " facility. " insert " Nevertheless, if the expenditure of the funds held in the South Dakota State University wellness facility maintenance and repair fund results in a reduction of the total identified funds for the purpose of maintenance and repair to less than the amount required by this Act, the South Dakota State University wellness facility maintenance and repair fund shall be replenished at the rate of one percent of the estimated project cost per year until such time as the total identified funds for the maintenance and repair reserve equals or exceeds the amount required by this Act. "

Respectfully submitted,    Respectfully submitted,
J.E. "JIM" PUTNAM    BOB DRAKE
ROBERT A. ROE    ARNOLD M. BROWN
LARRY LUCAS    JOANN MORFORD
House Committee    Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 242 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Kredit moved that the report of the Conference Committee on HB 1067 as found on page 961 of the House Journal be adopted.

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

     And the roll being called:

     Yeas 61, Nays 7, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst

Nays were:
Cutler; Eccarius; Fiegen; Gabriel; Hunt; Koskan; Speaker Hagg

Excused were:
Diedrich

Absent and Not Voting were:
Wetz

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1067 was adopted.

Rep. Richter moved that the report of the Conference Committee on HB 1019 as found on page 962 of the House Journal be adopted.

     The question being on Rep. Richter's motion that the report of the Conference Committee on HB 1019 be adopted.

     And the roll being called:

     Yeas 57, Nays 11, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Cutler; Davis; de Hueck; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

Nays were:
Brown (Gary); Brown (Jarvis); Collier; Crisp; Derby; Konold; Lee; Moore; Napoli; Sokolow; Van Gerpen

Excused were:
Diedrich

Rep. Broderick moved that the report of the Conference Committee on HB 1262 as found on page 961 of the House Journal be adopted.

The question being on Rep. Broderick's motion that the report of the Conference Committee on HB 1262 be adopted.

And the roll being called:

Yeas 48, Nays 19, Excused 1, Absent and Not Voting 2

Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Konold; Kooistra; Lee; Lockner; Lucas; Madden; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick

Nays were:
Brown (Gary); Brown (Richard); Derby; Duniphan; Fiegen; Gabriel; Hassard; Jaspers; Johnson (Doug); Koskan; Kredit; Matthews; McNenny; Monroe; Pederson (Gordon); Putnam; Richter; Windhorst; Speaker Hagg

Excused were:
Diedrich

Absent and Not Voting were:
Koetzle; Wetz

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1262 was adopted.

Rep. Matthews moved that the report of the Conference Committee on HB 1302 as found on page 961 of the House Journal be adopted.

     Rep. Sokolow moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1302 and that no new committee be appointed.

     The question being on Rep. Sokolow's substitute motion that the House do not adopt the report of the Conference Committee on HB 1302 and that no new committee be appointed.

     And the roll being called:

     Yeas 42, Nays 26, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Moore; Munson (Donald); Napoli; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Windhorst

Nays were:
Apa; Broderick; Derby; Duenwald; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Jorgensen; Koskan; Matthews; McNenny; Monroe; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Solum; Volesky; Weber; Wetz; Wick; Speaker Hagg

Excused were:
de Hueck

Absent and Not Voting were:
Cutler

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1302 was not adopted and no new committee was appointed.

Rep. Roe moved that the report of the Conference Committee on SB 147 as found on page 962 of the House Journal be adopted.

     The question being on Rep. Roe's motion that the report of the Conference Committee on SB 147 be adopted.

     And the roll being called:

     Yeas 50, Nays 17, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kredit; Lee; Lockner; Madden; McNenny; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Weber; Wick; Speaker Hagg

Nays were:
Crisp; Derby; Duniphan; Eccarius; Fiegen; Jaspers; Konold; Kooistra; Koskan; Lucas; Matthews; Monroe; Napoli; Pederson (Gordon); Van Gerpen; Volesky; Windhorst

Excused were:
Diedrich; Gabriel; Wetz

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 147 was adopted.

     Rep. Putnam moved that the report of the Conference Committee on SB 23 as found on page 964 of the House Journal be adopted.

     The question being on Rep. Putnam's motion that the report of the Conference Committee on SB 23 be adopted.

     And the roll being called:

     Yeas 60, Nays 6, Excused 4, Absent and Not Voting 0

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

Nays were:
Koetzle; Koskan; Moore; Napoli; Pederson (Gordon); Sokolow

Excused were:
Davis; Diedrich; Gabriel; Wetz

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 23 was adopted.

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

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 207 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and reports that it was unable to reach a consensus on the issue.

Respectfully submitted,    Respectfully submitted,
GORDON R. PEDERSON    DAVID R. MUNSON
REX HAGG    DON BROSZ
    GERALD LANGE
House Committee    Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1022 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1022 be amended as follows:

z-1022g

On page 2 , line 10 of the Senate Appropriations committee engrossed bill , delete everything after " Section 4. " and insert " The administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor, as provided in § 5-14-3 shall be under the general charge and supervision of the Governor or his designee and the executive director of the Board of Regents or their designees. "

On page 2 , delete lines 11 and 12 .

On page 2 , line 13 , delete everything before " The " .

On page 3 , line 11 , after " Act. " insert:

" Nevertheless, if the expenditure of the funds held in the Dakota State University-Madison Community Center Maintenance and Repair Fund results in a reduction of the total identified funds for the purpose of maintenance and repair to less than the $750,000 required by this Act, the Dakota State University-Madison Community Center Maintenance and Repair Fund shall be replenished at the rate of one percent of the estimated project cost per year until such time as the total identified funds for the maintenance and repair reserve equals or exceeds $750,000. "

Respectfully submitted,    Respectfully submitted,
ROBERT A. ROE    RANDY D. FREDERICK
RICHARD G. BELATTI    BOB DRAKE
LARRY LUCAS
House Committee    Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1023 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1023 be amended as follows:

z-1023b

On page 2 , line 14 of the Senate Appropriations committee engrossed bill , delete everything after "Section 5." and insert "The administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor, as provided in § 5-14-3 shall be under the general charge and supervision of the Governor and the executive director of the Board of Regents or their designees."

On page 2 , delete lines 15 and 16 .

On page 2 , line 17 , delete everything before " The " .

On page 2 , line 18 , delete " , the Governor, " .

Respectfully submitted,    Respectfully submitted,
J.E. "JIM" PUTNAM    BOB DRAKE
ROBERT A. ROE    ROBERT M. BENSON

House Committee Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1019, 1067, 1262, and 1302.

Respectfully,
PATRICIA ADAM, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

(Continued)

Rep. Roe moved that the report of the Conference Committee on HB 1022 as found on page 970 of the House Journal be adopted.

The question being on Rep. Roe's motion that the report of the Conference Committee on HB 1022 be adopted.

And the roll being called:

Yeas 55, Nays 7, Excused 3, Absent and Not Voting 5

Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Solum; Sperry; Van Gerpen; Volesky; Weber; Wick; Speaker Hagg

Nays were:
Fiegen; Koetzle; Moore; Napoli; Pederson (Gordon); Sokolow; Windhorst

Excused were:
Diedrich; Gabriel; Wetz

Absent and Not Voting were:
Barker; Madden; Schrempp; Smidt; Waltman

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1022 was adopted.

Rep. Putnam moved that the report of the Conference Committee on HB 1023 as found on page 970 of the House Journal be adopted.

     The question being on Rep. Putnam's motion that the report of the Conference Committee on HB 1023 be adopted.

     And the roll being called:

     Yeas 61, Nays 5, Excused 3, Absent and Not Voting 1

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

Nays were:
Fiegen; Hassard; Koetzle; Napoli; Sokolow

Excused were:
Diedrich; Gabriel; Wetz

Absent and Not Voting were:
Weber

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1023 was adopted.

Speaker Pro tempore Hunt now presiding.

Rep. Pederson (Gordon) moved that the report of the Conference Committee on SB 207 as found on page 969 of the House Journal be adopted and a new committee be appointed.

Rep. Apa rose to a point of order asking the Speaker to clarify the question.

The Speaker explained that the committee had reported that it was in disagreement and recommended a new committee be appointed.

     The question being on Rep. Gordon Pederson's motion that the report of the Conference Committee on SB 207 be adopted.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick

Nays were:
de Hueck; Fiegen; Windhorst; Speaker Hagg

Excused were:
Diedrich; Gabriel; Wetz

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 207 was adopted.

The Speaker appointed Reps. Pederson (Gordon), Hagg, and Koetzle as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 207.

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 HB 1120 as found on page 830 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1120 be approved?"

     And the roll being called:

     Yeas 60, Nays 3, Excused 3, Absent and Not Voting 4

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

Nays were:
Koskan; Lockner; Sokolow

Excused were:
Diedrich; Gabriel; Wetz

Absent and Not Voting were:
Davis; Duxbury; Haley; Koetzle

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.

     The House proceeded to the reconsideration of HB 1135 pursuant to the veto of the Governor and the veto message as found on pages 770 and 771 of the House Journal, as provided in Article IV, Section 4 of the Constitution of the State of South Dakota.

     The question being "Shall HB 1135 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

Yeas 16, Nays 52, Excused 1, Absent and Not Voting 1

Yeas were:
Apa; Brown (Gary); Chicoine; Collier; Davis; de Hueck; Gleason; Hagen; Kazmerzak; Kredit; Lee; Lockner; Lucas; Monroe; Smidt; Weber

Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Gabriel

Absent and Not Voting were:
Haley

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

     The House proceeded to the reconsideration of HB 1108 pursuant to the veto of the Governor and the veto message as found on pages 862 and 863 of the House Journal, as provided in Article IV, Section 4 of the Constitution of the State of South Dakota.

     The question being "Shall HB 1108 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 38, Nays 31, Excused 0, Absent and Not Voting 1

     Yeas were:
Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Monroe; Moore; Napoli; Putnam; Schaunaman; Schrempp; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Cutler; Derby; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Kooistra; Koskan; Madden; Matthews; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Solum; Sperry; Wick; Windhorst

Absent and Not Voting were:
McNenny

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

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

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1097 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and that the Conference Committee is unable to resolve the differences between the two houses and that a new committee be appointed.

Respectfully submitted,    Respectfully submitted,
PATRICIA DE HUECK    BARBARA EVERIST
KEVIN R. CRISP    HAROLD W. HALVERSON
RON J. VOLESKY    JIM HUTMACHER
House Committee    Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1022 and 1023.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 23 and 147.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 7 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 failed to adopt the report of the Conference Committee on SB 207 and has appointed Sens. Munson, Brosz, and Lange as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1097 and has appointed Sens. Rounds, Vitter, and Hutmacher as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
PATRICIA ADAM, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

(Continued)

Rep. de Hueck moved that the report of the Conference Committee on HB 1097 as found on page 976 of the House Journal be adopted.

Rep. de Hueck rose to a point of order asking that her motion be withdrawn.

The Speaker, citing Joint Rule 5-2.2, ruled she could withdraw her motion with the unanimous consent of members present.

Rep. de Hueck requested that her motion be withdrawn.

The Speaker requested a roll call vote.

Rep. de Hueck rose to a point of order asking if a substitute motion would be in order.

Rep. Gabriel rose to a point of order stating a substitute motion would be out of order.

The Speaker ruled a substitute motion would be out of order.

Rep. de Hueck rose to a point of order asking if the decision of the chair is subject to an appeal.

The Speaker ruled an appeal would be in order.

     The question being on Rep. de Hueck's request to withdraw her motion.

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent and Not Voting 1

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

Excused were:
Koetzle; Pederson (Gordon); Speaker Hagg

Absent and Not Voting were:
Monroe

So the request having received a unanimous vote of the members present, the Speaker declared Rep. de Hueck's request granted and her motion was withdrawn.

Rep. Gabriel moved that the report of the Conference Committee on HB 1097 as found on page 976 of the House Journal be adopted.

     Rep. Lucas moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1097 and that no new committee be appointed.

     The question being on Rep. Lucas' substitute motion that the House do not adopt the report of the Conference Committee on HB 1097 and that no new committee be appointed.

     And the roll being called:

     Yeas 25, Nays 42, Excused 3, Absent and Not Voting 0

     Yeas were:
Barker; Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Weber; Wetz; Wick; Windhorst

     Excused were:
Koetzle; Pederson (Gordon); Speaker Hagg

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

     The question now being on Rep. Gabriel's motion that the report of the Conference Committee on HB 1097 be adopted.

     And the roll being called:

     Yeas 44, Nays 23, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Weber; Wetz; Wick; Windhorst

Nays were:
Barker; Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

Excused were:
Koetzle; Pederson (Gordon); Speaker Hagg

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1097 was adopted.

The Speaker appointed Reps. Gabriel, Wetz, and Schaunaman as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1097.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

(Continued)

The House proceeded to the reconsideration of HB 1008 pursuant to the veto of the Governor and the veto message as found on pages 738 and 739 of the House Journal, as provided in Article IV, Section 4 of the Constitution of the State of South Dakota.

Rep. Brooks moved the previous question.

Which motion prevailed.

    The question being "Shall HB 1008 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 35, Nays 33, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Duniphan; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Kooistra; Kredit; Lee; Lockner; Lucas; Moore; Pummel; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber

Nays were:
Belatti; Brooks; Brown (Richard); Cutler; Derby; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Putnam; Richter; Rost; Solum; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Koetzle; Pederson (Gordon)

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

Speaker Hagg now presiding.

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

MOTIONS AND RESOLUTIONS

SCR 7: A CONCURRENT RESOLUTION, Congratulating South Dakota native Shawn Colvin on winning two Grammy Awards.

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

Rep. Gabriel moved that the House do now recess until 5:30 p.m., which motion prevailed and at 4:59 p.m., the House recessed.

RECESS

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

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

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 207 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the house amendments to SB 207 and that no new committee be appointed.

Respectfully submitted,    Respectfully submitted,
GORDON R. PEDERSON    DAVID R. MUNSON
REX HAGG    DON BROSZ
    GERALD LANGE
House Committee    Senate Committee

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1097 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1097 be amended as follows:

j-1097c

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

" Section 1. That section 5 of HB 1160 as previously enacted by the Seventy-third Legislative Assembly be amended to read as follows:

Section 5. That § 49-31-3 be amended to read as follows:

49-31-3. The commission has general supervision and control of all telecommunications companies offering common carrier services within the state to the extent such business is not otherwise regulated by federal law or regulation. The commission shall inquire into any

complaints, unjust discrimination, neglect, or violation of the laws of the state governing such companies. The commission may exercise powers necessary to properly supervise and control such companies.

Each telecommunications company that plans to offer or provide interexchange telecommunications service ~~or any telecommunications service other than local exchange service~~ shall file an application for a certificate of authority with the commission pursuant to this section. Telecommunications companies seeking to provide any local exchange service shall submit an application for certification by the commission pursuant to this Act. Applications required by this section shall be filed by the company no less than sixty days before its initiation of telecommunications service in this state. The commission shall have the exclusive authority to grant a certificate of authority. Each telecommunications company shall submit a two hundred fifty dollar application fee with its application which shall be deposited into the gross receipts tax fund established pursuant to § 49-1A-2. If the commission has not ruled upon an application at the end of the sixty days, the telecommunications company may initiate telecommunications services in the state until the commission reaches a decision on the application. If the application is granted, the company may continue to offer its services. However, if the application is denied, the company shall cease and desist from offering any further services in this state. A telecommunications company has the burden to prove in its application that it has sufficient technical, financial and managerial capabilities to offer the telecommunications services described in its application before the commission may grant a certificate of authority. The commission may rule upon a telecommunications company's application for a certificate of authority with or without hearing.

Any certificate of authority granted by the commission may be suspended or revoked pursuant to chapter 1-26 for a willful violation of the laws of this state, a willful failure to comply with a rule or order of the commission, or other good cause. The commission shall, by rules promulgated pursuant to chapter 1-26, prescribe the necessary procedures to implement this section. A telecommunications company that had lawful authority immediately prior to the effective date of this Act to provide interexchange telecommunications services ~~or telecommunications services other than local exchange service~~ shall continue to have such authority. Any certificate of authority to provide such telecommunications service may not be sold, assigned, leased, or transferred without commission approval. The offering of such telecommunications services by a telecommunications company without a certificate of authority or inconsistent with this section is a Class 1 misdemeanor.

Section 2. That section 12 of HB 1160 as previously enacted by the Seventy-third Legislative Assembly be repealed.

The commission may review and modify the terms of any certificate of authority issued to a telecommunications company prior to the effective date of this Act in order to ensure its conformity with the requirements and policies of this chapter. Any certificate of authority may be altered or modified by the commission after notice and hearing pursuant to chapter 1-26, upon its own motion or upon application of the person or company affected.

Section 3. That section 17 of HB 1160 as previously enacted by the Seventy-third Legislative Assembly be amended to read as follows:

Pursuant to 47 U.S.C. § 251(f)(1) as of January 1, 1998, the obligations of an incumbent local exchange carrier, which include the duty to negotiate and provide interconnection, unbundled network elements, resale, notice of changes and collocation, do not apply to a rural telephone company unless the company has received a bona fide request for interconnection, services, or network elements and the commission determines that the rural telephone company shall fulfill the request. The commission may only determine that the rural telephone company shall fulfill the request if, after notice and hearing pursuant to chapter 1-26, the commission finds that the request is not unduly economically burdensome the request is technically feasible, and the request is consistent with the universal service principles and provisions set forth in 47 U.S.C. § 254 as of January 1, 1998. The commission shall make such determination within one hundred twenty days after receiving notice of the request. The person or entity making the request shall have the burden of proof as to whether each of the standards for reviewing the request has been met. Nothing in this section prevents a rural telephone company from voluntarily agreeing to provide any of the services, facilities, or access referenced by this section. "

r-1097tb

On page 1 , line 1 of the Senate State Affairs committee engrossed bill , delete everything after " to " and insert " revise certain provisions regarding the regulation of telecommunication companies. "

On page 1 , delete line 2 .

Respectfully submitted,    Respectfully submitted,
LARRY E. GABRIEL    M. MICHAEL ROUNDS
KENNETH WETZ    DRUE J. VITTER

House Committee Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 207.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     SCR 7: A CONCURRENT RESOLUTION, Congratulating South Dakota native Shawn Colvin on winning two Grammy Awards.

     Rep. Peterson (Bill) moved that SCR 7 as found on page 746 of the Senate Journal be concurred in.

     The question being on Rep. Peterson's motion that SCR 7 be concurred in.

     And the roll being called:

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

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

Absent and Not Voting were:
Derby; McNenny

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 7 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Gabriel moved that the report of the Conference Committee on HB 1097 as found on page 981 of the House Journal be adopted.

Rep. Lucas rose to a point of order as to whether the Conference Committee report was germane to the title of HB 1097.

The Speaker explained that the Conference Committee report was ruled germane at the time of the conference committee meeting by the chair of that committee and that the Speaker was not required to make an additional ruling.

Rep. Lucas challenged that decision, and indicated that the Speaker was required to rule on germaneness according to Joint Rule 8-2.

The Speaker stated that if the challenge was upheld, he would be required to make a ruling.

The question being "Shall the decision of the chair be upheld?"

A roll call vote was requested and supported.

     And the roll being called:

     Yeas 43, Nays 27, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer- Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the decision of the chair upheld.

    The question now being on Rep. Gabriel's motion that the report of the Conference Committee on HB 1097 be adopted.

     And the roll being called:

     Yeas 41, Nays 29, Excused 0, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Duxbury; Fischer- Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Monroe; Moore; Napoli; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman; Weber

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1097 was adopted.

Rep. Pederson (Gordon) moved that the report of the Conference Committee on SB 207 as found on page 981 of the House Journal be adopted.

Rep. Koetzle moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 207 and that a new committee be appointed.

The question being on Rep. Koetzle's substitute motion that the House do not adopt the report of the Conference Committee on SB 207 and that a new committee be appointed.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 28, Nays 41, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Chicoine; Collier; Crisp; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Peterson (Bill); Putnam; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Pummel; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Cerny

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

     The question now being on Rep. Gordon Pederson's motion that the report of the Conference Committee on SB 207 be adopted.

     And the roll being called:

     Yeas 45, Nays 23, Excused 1, Absent and Not Voting 1

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Chicoine; Collier; Davis; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Monroe; Moore; Peterson (Bill); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

Excused were:
Cerny

Absent and Not Voting were:
Weber

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 207 was adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 242: FOR AN ACT ENTITLED, An Act to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state capitol, and for support and maintenance of the state guard.

Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

The question being "Shall SB 242 pass as amended?"

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent and Not Voting 0

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

Nays were:
Apa; Davis; Kazmerzak; Koetzle; Lockner; Napoli; Schrempp; Waltman; Wick; Windhorst

Excused were:
Barker; Collier

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.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SCR 8 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 1097.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

SCR 8: A CONCURRENT RESOLUTION, Honoring Senator William J. Johnson of Buffalo for his outstanding service in the South Dakota State Senate since 1989.

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

Rep. Gabriel moved that SCR 8 as found on page 752 of the Senate Journal be concurred in.

    The question being on Rep. Gabriel's motion to concur in SCR 8.

     And the roll being called:

     Yeas 60, Nays 0, Excused 2, Absent and Not Voting 8

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; 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; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Barker; Collier

Absent and Not Voting were:
Apa; Davis; Duxbury; Eccarius; Hagen; Koetzle; Schaunaman; Volesky

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Monday, March 16th, the 34th legislative day subject to the concurrence of the Senate.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1071, 1133, 1134, 1146, 1151, 1161, 1175, 1245, 1257, 1269, and 1315 were delivered to his Excellency, the Governor, for his approval at 8:20 a.m., February 26, 1998.

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1019, 1022, 1023, 1067, 1097, 1160, 1262, 1270, and HJR 1002 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1019: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expend higher educational facilities funds to lease certain educational facilities or make rent payments authorized by the Interim Appropriations Committee.

     HB 1022: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to contract for the construction of a multiple use center to provide academic and recreational facilities for Dakota State University and facilities for community activities for the city of Madison and to make an appropriation therefor.

     HB 1023: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to contract for the renovation of engineering and technology facilities at the South Dakota School of Mines and Technology and for construction of an addition to an engineering and technology facility at South Dakota State University and to make an appropriation therefor.

     HB 1067: FOR AN ACT ENTITLED, An Act to clarify that certain communications between school psychologists and students are privileged.

     HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of telecommunication companies.

     HB 1160: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of telecommunication companies.

     HB 1262: FOR AN ACT ENTITLED, An Act to require health insurance coverage for mental illness.

     HB 1270: FOR AN ACT ENTITLED, An Act to revise the items subject to an annual accounting of a conservator under the Uniform Probate Code.

     HJR1002: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article III, section 3 of the Constitution of the State of South Dakota, relating to the age qualifications for legislative office, and to Article IV, section 2 of the Constitution of the State of South Dakota, relating to the age qualifications for Governor and lieutenant governor.

     SB 23: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a performing arts center at South Dakota State University; to authorize South Dakota State University to contract with private parties to participate in financing, construction, and operation of a wellness center; and to make an appropriation therefor.

     SB 67: FOR AN ACT ENTITLED, An Act to prohibit any person under the age of twenty- one from operating a motor vehicle if there is alcohol present in the person''s blood or after consuming marijuana or any controlled drug or substance.

     SB 111: FOR AN ACT ENTITLED, An Act to permit borrowing between school district funds.

     SB 112: FOR AN ACT ENTITLED, An Act to change the number of days of notice that must be given to the county commissioners for special sessions.

     SB 139: FOR AN ACT ENTITLED, An Act to clarify the scope and composition of peer review committees entitled to limited good faith immunity from civil liability for committee actions.

     SB 147: FOR AN ACT ENTITLED, An Act to provide for a study of gaming in the state, to study the effects of a repeal of video lottery, and to declare an emergency.

     SB 160: FOR AN ACT ENTITLED, An Act to revise and strengthen licensing qualifications, fees, and penalties for bail bondspersons and runners.

     SB 165: FOR AN ACT ENTITLED, An Act to provide an exemption from the Uniform Unclaimed Property Act for certain unredeemed gift certificates.

     SB 170: FOR AN ACT ENTITLED, An Act to create the Higher Education Advance Payment Plan Task Force.

     SB 178: FOR AN ACT ENTITLED, An Act to revise certain provisions related to involuntary commitment for alcohol or drug treatment.

     SB 193: FOR AN ACT ENTITLED, An Act to exempt certain United States postage gross receipts from sales and use tax.

     SB 206: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disposition of seized controlled weapons and firearms.

     SB 218: FOR AN ACT ENTITLED, An Act to provide for proper recording of corporate names, to provide for a Limited Liability Company Act, and to declare an emergency.

     SB 222: FOR AN ACT ENTITLED, An Act to provide for the liability of certain prisoners confined to jail for the costs of certain services and confinement and to provide a lien therefor.

     SB 225: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to workers' compensation during a period of rehabilitation.

     SB 235: FOR AN ACT ENTITLED, An Act to prevent criminals from suing their victims for damages.

     SB 239: FOR AN ACT ENTITLED, An Act to impose legal responsibility and tort liability for environmental damages caused by the negligent entrustment of livestock to another or negligent control or specification of design, construction, or operational instruction of livestock facilities.

    SB 242: FOR AN ACT ENTITLED, An Act to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state capitol, and for support and maintenance of the state guard.

And signed the same in the presence of the House.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adjourned to reconvene at 9:00 a.m. on Monday, March 16, the 34th legislative day.

Respectfully,
PATRICIA ADAM, Secretary

Rep. Eccarius moved that the House do now adjourn, which motion prevailed, and at 7:34 p.m. the House adjourned.

KAREN GERDES, Chief Clerk