JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION



THIRTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
March 4, 1999

     The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Dave Zellmer, followed by the Pledge of Allegiance led by House page Rae Hale.

     Roll Call: All members present except Rep. Fitzgerald who was 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-sixth 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,
ROGER W. HUNT, Chair

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


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 209 and the amendment thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 209 be amended as follows:

     On page 3 , after line 12 of the House Education Committee engrossed bill , insert:

"      Section 6. That § 13-28-45 be amended to read as follows:

     13-28-45.   The parent or guardian of a student who has been accepted for transfer is responsible for transporting the student to school in the receiving district without reimbursement. Either the district of residence or the receiving district may provide transportation to students approved for transfer. The provisions of § 13-29-4 do not apply when transporting students enrolled under the provisions of § § 13-28-40 to 13-28-47. The receiving district may charge a reasonable fee if the student elects to use the transportation services offered by the receiving district. "


     On page 1 , line 3 , after " Affairs " insert " and to clarify provisions relating to the transportation of certain students " .

Respectfully Submitted,                    Respectfully Submitted,
RICHARD "DICK" E. BROWN            BARBARA EVERIST
KRISTIE K. FIEGEN                        HAROLD W. HALVERSON
RON J. VOLESKY                        MEL OLSON
House Committee                            Senate Committee


Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1116 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments to HB 1116 and that no new committee be appointed.
    
Respectfully Submitted,                Respectfully Submitted,
JAY L. DUENWALD                    BOB DRAKE
KENNETH WETZ                    CHERYL MADDEN
LARRY LUCAS                        CHARLES E. FLOWERS
House Committee                        Senate Committee
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1004 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.
Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1012:   A CONCURRENT RESOLUTION,   Calling upon the United States Department of Justice to investigate collusive practices in the midwestern food processing industries.

     Rep. Weber moved that HCR 1012 as found on page 638 and amended on page 838 of the House Journal be adopted.

     The question being on Rep. Weber's motion that HCR 1012 as amended be adopted.

     And the roll being called:

     Yeas 59, Nays 8, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Windhorst; Wudel; Speaker Hunt

     Nays were:
Derby; Earley; Eccarius; Jaspers; Koskan; Monroe; Wetz; Young

     Excused were:
Fitzgerald; Wilson

     Absent and Not Voting were:
Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1012 was adopted.

     HCR 1014:   A CONCURRENT RESOLUTION,   Requesting the United States Congress to enact legislation prohibiting the United States Postal Service from selling nonmonopoly goods and services.

     Rep. Fiegen moved that HCR 1014 as found on pages 706 and 707 of the House Journal be adopted.

     The question being on Rep. Fiegen's motion that HCR 1014 be adopted.

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Davis; Koetzle; Wetz

     Excused were:
Fitzgerald; Lucas; Wilson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1014 was adopted.

     There being no objection, the House proceeded to Order of Business No. 15.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Cutler moved that the House do now consider SB 59.

     Which motion prevailed.

     SB 59:   FOR AN ACT ENTITLED, An Act to   authorize the examination and use of certain vehicle weigh scale tickets in the enforcement of vehicle weight restrictions, to revise certain provisions regarding penalties for violations of such restrictions, and to require satisfactory overweight vehicle enforcement programs in each county.

     Was read the second time.
o-59n

     Rep. Cutler moved that SB 59 be amended as follows:

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

"      Section 1. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Transportation may inspect any scale tickets issued by any weigh scale operator for a vehicle being used in connection with the construction, repair, or maintenance of a public highway pursuant to a contract administered by the Department of Transportation for compliance with the weight limitations imposed by this chapter. The Department of Transportation shall report any offender to the Department of Commerce and Regulation.

     Section 2. That § 32-2-8.1 be amended to read as follows:

     32-2-8.1.   Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol are limited to violations of chapters 10-47A, 32-5, 32-9, 32-10, 32-12, 32-22, 49-28, and 49-28A and § §   50-4-13 to 50-4-17, inclusive, and § 32-33-17, and the rules governing operation of motor carriers. Motor carrier inspectors who have been given such limited arrest powers are not considered " law enforcement officers " for the purposes of §   23-3-27.

     Section 3. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as follows:

     Any county highway superintendent or municipal street superintendent may inspect any scale ticket issued by any weight scale operator for a vehicle being used in connection with removal of construction aggregate from a county-permitted gravel pit or for the construction, repair, or maintenance of a public highway pursuant to a contract administered by a county, township, or municipality for compliance with the weight limitations imposed by this chapter. Any violation shall be reported to the Department of Commerce and Regulation.

     Section 4. That § 32-22-55 be amended to read as follows:

     32-22-55.   Any person who is convicted of the offense of operating a motor vehicle upon the public highways of this state with weight upon any wheel, axle, or groups of axles or upon more than one thereof greater than the maximum permitted by § §   32-22-2 to 32-22-33, inclusive, 32-22-47 and 32-22-48 shall be fined in addition to, and not in substitution for, any other penalties now provided by law for such offense in the following amounts:

     In an amount equal to five cents per pound for each pound of such excess or combined excess weight over one thousand pounds if such excess is three thousand pounds or less.

     In an amount equal to ten fifteen cents per pound for each pound of such excess or combined excess weight if such excess exceeds three thousand pounds and is four thousand pounds or less.

     In an amount equal to fifteen twenty-two and one-half cents per pound for each pound of such excess or combined excess weight if such excess exceeds four thousand pounds and is five thousand pounds or less.

     In an amount equal to twenty-five thirty-seven and one-half cents per pound for each pound of such excess or combined excess weight if such excess is more than five thousand pounds.

     The fine schedule in this section is assessed at a single rate according to the cents per pound penalty for the highest weight violation.

     Section 5. That § 32-22-56 be amended to read as follows:

     32-22-56.   In any case where the motor vehicle is absolutely overweight beyond the greatest permissible compensation plate weights for a vehicle of its class ten thousand pounds , the pounds by which the vehicle is so overweight may shall be assessed at double the penalties prescribed in §   32-22-55.

     Section 6. The secretary of the Department of Transportation shall, not less than semi- annually, review the performance of each county's program of overweight vehicle enforcement and shall certify a list of those counties whose enforcement programs are unsatisfactory. In reviewing each county's enforcement program, the secretary shall consider the following factors:

             (1)    Whether the county has requested that the Division of Highway Patrol assist in the enforcement of that county's spring or other posted load limits;

             (2)    The diligence of that county in enforcing in court to the fullest extent possible all fines authorized by chapter 32-22 without plea bargaining or reducing statutory fines or civil penalties;

             (3)    The effort of local law enforcement agencies to enforce chapter 32-22 on the roads of that county; and

             (4)    Such other factors as the secretary may deem appropriate after consultation with the state associations for county sheriffs, county commissioners, state's attorneys, and county highway superintendents and with the Division of Highway Patrol.

     The secretary may not find any county's program to be unsatisfactory unless the secretary has given the county a written specification of the county's program deficiencies at least thirty days before the unsatisfactory certification.

     For any county whose overweight vehicle enforcement program is certified by the secretary as unsatisfactory, the secretary may withhold or suspend for a period of one hundred eighty days all or any portion of any transfer of federal surface transportation funds and state funds otherwise authorized by §  32-11-35 to be distributed to such county. The Department of Revenue shall cooperate with the secretary in the administration of this section. "


f-59a

     Rep. Napoli moved as a substitute motion that SB 59 be amended as follows:

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

"      Section 1. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     If a person violates any provision of §  32-22-16 or 32-22-21 three or more times within a one-year period, the department shall disqualify the person's commercial driving privileges for a period of at least ninety consecutive days.

     Section 2. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as follows:

     If a person is the owner of one or more motor vehicles which have been involved in the violation of any provision of §  32-22-16 or 32-22-21 a total of four or more times within a one- year period, the owner is subject to a civil penalty of not less than two thousand dollars for each offense beginning with the fourth offense.

     Section 3. That § 32-22-42.2 be amended to read as follows:

     32-22-42.2.   No vehicle hauling agricultural products from a harvesting combine to the point of first unloading is subject to enforcement action for violations not exceeding the legal limits imposed pursuant to §   32-22-16 or 32-22-21 by more than ten percent. However, such vehicle may not exceed the speed of forty miles per hour and is only exempt pursuant to this section within a range of fifty miles of the harvested field. If enforcement action is taken pursuant to this section, the fine or penalty shall apply to that portion of the load more than ten percent that is above the legal limit. The weight tolerance authorized in this section is not permitted on the interstate highway system. A violation of this section is a Class 2 misdemeanor.

     Section 4. That § 32-2-8.1 be amended to read as follows:

     32-2-8.1.   Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol are limited to violations of chapters 10-47A, 32-5, 32-9, 32-10, 32-12, 32-22, 49-28, and 49-28A and § §   50-4-13 to 50-4-17, inclusive, and § 32-33-17, and the rules governing operation of motor carriers. Motor carrier inspectors who have been given such limited arrest powers are not considered " law enforcement officers " for the purposes of §   23-3-27.

     Section 5. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as follows:

     Any county highway superintendent or municipal street superintendent may inspect any scale ticket issued by any weight scale operator for a vehicle being used in connection with removal of construction aggregate from a county-permitted gravel pit or for the construction, repair, or maintenance of a public highway pursuant to a contract administered by a county,

township, or municipality for compliance with the weight limitations imposed by this chapter. Any violation shall be reported to the Department of Commerce and Regulation.

     Section 6. That § 32-22-55 be amended to read as follows:

     32-22-55.   Any person who is convicted of the offense of operating a motor vehicle upon the public highways of this state with weight upon any wheel, axle, or groups of axles or upon more than one thereof greater than the maximum permitted by § §   32-22-2 to 32-22-33, inclusive, 32-22-47 and 32-22-48 shall be fined in addition to, and not in substitution for, any other penalties now provided by law for such offense in the following amounts:

     In an amount equal to five six and one-quarter cents per pound for each pound of such excess or combined excess weight over one thousand pounds if such excess is three thousand pounds or less.

     In an amount equal to ten fifteen cents per pound for each pound of such excess or combined excess weight if such excess exceeds three thousand pounds and is four thousand pounds or less.

     In an amount equal to fifteen twenty-two and one-half cents per pound for each pound of such excess or combined excess weight if such excess exceeds four thousand pounds and is five thousand pounds or less.

     In an amount equal to twenty-five thirty-seven and one-half cents per pound for each pound of such excess or combined excess weight if such excess is more than five thousand pounds.

     The fine schedule in this section is assessed at a single rate according to the cents per pound penalty for the highest weight violation.

     Section 7. That § 32-22-56 be amended to read as follows:

     32-22-56.   In any case where the motor vehicle is absolutely overweight beyond the greatest permissible compensation plate weights for a vehicle of its class ten thousand pounds , the pounds by which the vehicle is so overweight may shall be assessed at double the penalties prescribed in §   32-22-55.

     Section 8. The secretary of the Department of Transportation shall, not less than semi- annually, review the performance of each county's program of overweight vehicle enforcement and shall certify a list of those counties whose enforcement programs are unsatisfactory. In reviewing each county's enforcement program, the secretary shall consider the following factors:

             (1)    Whether the county has requested that the Division of Highway Patrol assist in the enforcement of that county's spring or other posted load limits;

             (2)    The diligence of that county in enforcing in court to the fullest extent possible all fines authorized by chapter 32-22 without plea bargaining or reducing statutory fines or civil penalties;
             (3)    The effort of local law enforcement agencies to enforce chapter 32-22 on the roads of that county; and

             (4)    Such other factors as the secretary may deem appropriate after consultation with the state associations for county sheriffs, county commissioners, state's attorneys, and county highway superintendents and with the Division of Highway Patrol.

     The secretary may not find any county's program to be unsatisfactory unless the secretary has given the county a written specification of the county's program deficiencies at least thirty days before the unsatisfactory certification.

     For any county whose overweight vehicle enforcement program is certified by the secretary as unsatisfactory, the secretary may withhold or suspend for a period of one hundred eighty days all or any portion of any transfer of federal surface transportation funds and state funds otherwise authorized by §  32-11-35 to be distributed to such county. The Department of Revenue shall cooperate with the secretary in the administration of this section. "

    A roll call vote was requested and supported.

    The question being on Rep. Napoli's substitute motion that SB 59 be amended.

     And the roll being called:

     Yeas 12, Nays 55, Excused 1, Absent and Not Voting 2

     Yeas were:
Apa; Brown (Richard); Crisp; Davis; Eccarius; Garnos; Lockner; McCoy; McIntyre; Monroe; Napoli; Windhorst

     Nays were:
Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lucas; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Fitzgerald

     Absent and Not Voting were:
Fiegen; Klaudt

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

     Rep. Koskan moved that Rep. Cutler's pending amendment to SB 59 be amended as follows:

     On Rep. Cutler's amendment (o-59n), delete sections 1 and 3.
    
    A roll call vote was requested and supported.

    The question being on Rep. Koskan's motion to amend Rep. Cutler's pending amendment to SB 59.

     And the roll being called:

     Yeas 25, Nays 44, Excused 1, Absent and Not Voting 0

     Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan; Lockner; Lucas; Monroe; Nachtigal; Napoli; Patterson; Sutton (Daniel); Volesky; Waltman; Weber; Windhorst

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Hennies; Jaspers; Juhnke; Konold; Kooistra; Lintz; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Fitzgerald

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

f-59e

     Rep. Jaspers moved that Rep. Cutler's pending amendment to SB 59 be amended as follows:

     On line 4 of the first paragraph of Section 4 in Rep. Cutler's amendment (o-59n), overstrike "fined" and insert " assessed a civil penalty ".

     Which motion lost.

     The question now being on Rep. Cutler's pending motion that SB 59 be amended.

     Which motion prevailed and SB 59 was so amended.

t-59c

     Rep. Wilson moved that SB 59 be further amended as follows:
     On the previously adopted amendment (o-59n) to the House State Affairs committee engrossed bill, delete section 6.

     Which motion lost.
f-59c

     Rep. Apa moved that SB 59 be further amended as follows:

     On the previously adopted amendment (o-59n), add the following:

     "Section 7. That § 32-22-42.2 be amended to read as follows:

     32-22-42.2.   No vehicle hauling agricultural products from a harvesting combine to the point of first unloading is subject to enforcement action for violations not exceeding the legal limits imposed pursuant to §   32-22-16 or 32-22-21 by more than ten percent. However, such vehicle may not exceed the speed of forty miles per hour and is only exempt pursuant to this section within a range of fifty miles of the harvested field. If enforcement action is taken pursuant to this section, the fine or penalty shall apply to that portion of the load more than ten percent that is above the legal limit. The weight tolerance authorized in this section is not permitted on the interstate highway system. A violation of this section is a Class 2 misdemeanor. "


    A roll call vote was requested and supported.

     The question being on Rep. Apa's motion that SB 59 be amended.

     And the roll being called:

     Yeas 20, Nays 48, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Cutler; Davis; Derby; Earley; Eccarius; Garnos; Koehn; Konold; Napoli; Pummel; Richter; Sebert; Sutton (Duane); Weber; Wilson; Windhorst

     Nays were:
Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Fitzgerald

     Absent and Not Voting were:
Crisp

     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 "Shall SB 59 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Haley; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Lintz; Lucas; McCoy; McNenny; Michels; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Burg; Cerny; Chicoine; Davis; Hagen; Hanson; Kazmerzak; Koehn; Koetzle; Koskan; Lockner; McIntyre; Monroe; Nachtigal; Napoli; Sutton (Daniel); Waltman; Weber; Windhorst

     Excused were:
Fitzgerald

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

     The question being on the title.

     Rep. Cutler moved that the title to SB 59 be amended as follows:

     On page 1 , line 1 of the House State Affairs committee engrossed bill , delete " commercial " and insert " certain " .

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

     On page 1 , line 3 , after " restrictions " insert " , and to require satisfactory overweight vehicle enforcement programs in each county " .

     Which motion prevailed and the title was so amended.

     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 1075 and the amendment thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1075 be amended as follows:
    
     On page 2 , line 22 of the Senate Education committee engrossed bill , overstrike " next " .

     On page 2 , line 23 , delete " next school year semester " and insert " next school year " .

Respectfully Submitted,                Respectfully Submitted,
SCOTT ECCARIUS                    BARBARA EVERIST
RICHARD "DICK" E. BROWN        KENNETH D. ALBERS
WILLIAM F. CERNY                    MEL OLSON
House Committee                        Senate Committee


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 161 and 233.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 14 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1019:   A CONCURRENT RESOLUTION,   Recognizing Doug Sombke for being selected Outstanding Young Farmer at the National Outstanding Young Farmers Award Congress.

     Rep. Duane Sutton moved that HCR 1019 as found on pages 886 and 887 of the House Journal be adopted.

     The question being on Rep. Duane Sutton's motion that HCR 1019 be adopted.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Eccarius; Fitzgerald

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1019 was adopted.

     Rep. Cutler moved that the House do now recess until 1:00 p.m., which motion prevailed and at 12:01 p.m., the House recessed.

RECESS


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

MOTIONS AND RESOLUTIONS

(Continued)    

     HCR 1020   Introduced by:  Representatives Klaudt, Apa, Broderick, Brooks, Brown (Jarvis), Brown (Richard), Burg, Cerny, Chicoine, Clark, Crisp, Cutler, Davis, Derby, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Earley, Engbrecht, Fiegen, Fischer-Clemens, Fryslie, Garnos, Hagen, Haley, Hanson, Hennies, Hunt, Jaspers, Kazmerzak, Koetzle, Konold, Kooistra, Koskan, Lintz, Lucas, McCoy, McIntyre, McNenny, Monroe, Munson (Donald), Nachtigal, Patterson, Pummel, Putnam, Roe, Sebert, Slaughter, Solum, Sutton (Daniel), Sutton (Duane), Volesky, Waltman, Weber, Wetz, Wilson, Windhorst, Wudel, and Young and Senators Drake, Albers, Benson, Bogue, Daugaard, Dennert, Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick, Hainje, Ham, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Moore, Olson, Reedy, Rounds, Staggers, Valandra, Vitter, and Whiting

A CONCURRENT RESOLUTION,  Expressing the Legislature's condolences upon the occasion     of the death of J.D. Kesling.
     WHEREAS,  a distinguished and original South Dakotan, J.D. Kesling, passed away on February 27th; and

     WHEREAS,  J.D. Kesling acquired his stepfather's hardware store and mortuary in 1936 and worked there while also acquiring a lumber company, another hardware store, and the plumbing and heating shop, and also owned the lumber company in Isabel. He owned these until 1965 when he moved to Mobridge and purchased the Miles Funeral Home. In Mobridge he designed and built a new Funeral Home at the West edge of Mobridge; and

     WHEREAS,  flying was his most rewarding hobby; although, he also enjoyed cooking, reading, card games (in particular double pinochle), history, politics, and visiting the more than ten thousand people he claimed to know; and

     WHEREAS,  J.D. lived his entire life with zest, compassion, humor, and a love for his fellow man, which made him a man who is greatly missed:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature hereby expresses its heartfelt condolences on the sad passing of this congenial man.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

     Speaker Pro tempore Eccarius now presiding.

     SB 200:   FOR AN ACT ENTITLED, An Act to   increase the penalty for possessing certain drugs near schools and certain other youth-oriented facilities.

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

     Rep. Richter moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 200 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 47, Excused 1, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Richard); Cutler; Diedrich (Larry); Diedtrich (Elmer); Earley; Eccarius; Fiegen; Jaspers; Juhnke; Koskan; McCoy; Monroe; Peterson; Richter; Smidt; Solum; Sutton (Duane); Wetz; Young; Speaker Hunt

     Nays were:
Apa; Broderick; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Duenwald; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Putnam; Roe; Sebert; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel

     Excused were:
Fitzgerald

     Absent and Not Voting were:
Duniphan

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

     SB 210:   FOR AN ACT ENTITLED, An Act to   provide mandatory prison sentences for certain violations regarding controlled substances and marijuana.

     Was read the second time.

o-210g

     Rep. Hunt moved that SB 210 be amended as follows:

     On page 5 , delete lines 9 to 20 of the House State Affairs committee engrossed bill , inclusive .
r-210b

     Rep. Michels moved as a substitute motion that SB 210 be amended as follows:

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

"      Section 1. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

     Any person who has been convicted of a second violation of § §  22-42-2.1, 22-42-3 to 22-42- 4.1, inclusive, 22-42-5 to 22-42-8, inclusive, 22-42-10, 22-42-16, 22-42-19, 34-20B-42, and 34- 20B-46 shall, in addition to any other penalties, be remanded to the custody of the Department of Corrections for a period of five days, no part of which may be waived or suspended except

as provided in §  22-42-2.3. Any person convicted of a third or subsequent violation of the provisions enumerated herein shall, in addition to any other penalties, be remanded to the custody of the Department of Corrections for a period of thirty days, no part of which may be waived or suspended except as provided in §  22-42-2.3. Any person remanded to the custody of the department under this section shall immediately after sentencing be transported by the department without delay to an assigned facility for service of the person's sentence. The secretary of the Department of Corrections shall assign the person to an institution under the jurisdiction of the secretary.

     Section 2. That § 22-42-2.3 be amended to read as follows:

     22-42-2.3.   The sentencing court may impose a sentence other than that which is required by §  22-42-2 and section 1 of this Act if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by §  22-42-2 or section 1 of this Act . The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing and shall be filed with the clerk of courts .

     Section 3. The mandatory incarceration provisions of section 1 of this Act do not apply to a child, as defined in subdivision 26-7A-1(6), unless the child is tried as an adult pursuant to §  26-11-3.1 or 26-11-4.

     Section 4. Notwithstanding the provisions of §  22-1-4, crimes otherwise denominated as misdemeanors whose penalty includes additional incarceration in the custody of the Department of Corrections pursuant to section 1 of this Act shall remain classified as misdemeanors.

     Section 5. The provisions of §  23A-27-35 do not apply to any person whose sentence includes no more than thirty days incarceration in the custody of the Department of Corrections.

     Section 6. That § 22-6-2 be amended to read as follows:

     22-6-2.   Except as otherwise provided by law, misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:

             (1)      Class 1 misdemeanor: one year imprisonment in a county jail or one thousand dollars fine, or both;

             (2)      Class 2 misdemeanor: thirty days imprisonment in a county jail or two hundred dollars fine, or both.

     Misdemeanors may include incarceration in the custody of the Department of Corrections as provided in section 1 of this Act.

     The court in imposing sentence on a defendant who has been found guilty of a misdemeanor shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.
     Except in cases where punishment is prescribed by law, every offense declared to be a misdemeanor and not otherwise classified, is a Class 2 misdemeanor.

     Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.

     Section 7. That § 26-8C-4 be amended to read as follows:

     26-8C-4.   If the court is satisfied that the best interests of the public, justice and child will be served, the court may, without entering an adjudication of delinquency, with consent of the child, suspend imposition of adjudication of delinquency and place the child on probation under the terms, conditions , and duration required by the court. If the proceedings involve a second adjudication for the unlawful possession or distribution of marijuana or a controlled substance, the court shall include as a condition of probation that the child be committed to the Department of Corrections for a period of not less than five days, which may not be suspended except as otherwise provided. If the proceedings involve a third or subsequent adjudication for the unlawful possession or distribution of marijuana or a controlled substance, the court shall include as a condition of probation that the child be committed to the Department of Corrections for a period of not less than thirty days, which may not be suspended except as otherwise provided. Any juvenile committed to the custody of the department under this section shall immediately upon adjudication be transported by the department without delay to an assigned facility for service of their commitment. The adjudicating court may impose a sentence other than that which is required by §  26-8C-4 if the court finds that mitigating circumstances exist which require departure from the mandatory sentence. The court's finding of mitigating circumstances and the factual basis therefore shall be in writing and filed with the clerk of courts. A court may revoke the suspension at any time during the probationary period and impose an adjudication of delinquency without diminishment or credit for any of the probationary period.

     Section 8. That § 26-8C-7 be amended to read as follows:

     26-8C-7.   If Except as provided in section 7 of this Act, if a child has been adjudicated as a delinquent child, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following alternatives:

             (1)      The court may make any one or more of the dispositions in §   26-8B-6, except that a delinquent child may be incarcerated in a detention facility established pursuant to provisions of chapter 26-7A for not more than ninety days, which may be in addition to any period of temporary custody;

             (2)      The court may impose a fine not to exceed one thousand dollars;

             (3)      The court may place the child on probation under the supervision of a court services officer or another designated individual. The child may be required as a condition of probation to report for assignment to a supervised work program, provided the child

is not deprived of the schooling that is appropriate for the child's age, needs and specific rehabilitative goals. The supervised work program shall be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and shall be combined with counseling by the court services officer or other guidance personnel. The supervised work program assignment shall be made for a period of time consistent with the child's best interests, but for not more than ninety days;

             (4)      The court may place the child at the Human Services Center for examination and treatment;

             (5)      The court may commit the child to the Department of Corrections;

             (6)      The court may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;

             (7)      The court may place the child in an alternative educational program;

             (8)      The court may order the suspension or revocation of the child's driving privilege or restrict the privilege in such manner as it sees fit.

     Section 9. That chapter 26-8C be amended by adding thereto a NEW SECTION to read as follows:

     If a child has been adjudicated as a delinquent child for a second violation of a state law prohibiting the unlawful possession or distribution of marijuana or a controlled drug or substance, the court shall enter a decree of disposition committing the child to the Department of Corrections for a period of not less than five days. If the child has been adjudicated as a delinquent child for a third or subsequent violation of a state law prohibiting the unlawful possession or distribution of marijuana or a controlled substance, the court shall enter a decree of disposition committing the child to the Department of Corrections for a period of not less than thirty days. Any juvenile committed to the custody of the department under this section shall immediately upon adjudication be transported by the department without delay to an assigned facility for service of their commitment. The adjudicating court may impose a sentence other than that which is required by §  26-8C-4 if the court finds that mitigating circumstances exist which require departure from the mandatory sentence. The court's finding of mitigating circumstances and the factual basis therefore shall be in writing and filed with the clerk of courts. "

     Rep. Wilson moved that SB 210 and all pending amendments be laid on the table.

     The question being on Rep. Wilson's motion that SB 210 and all pending amendments be laid on the table.

     And the roll being called:

     Yeas 40, Nays 29, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Engbrecht; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Putnam; Roe; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel

     Nays were:
Broderick; Brooks; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fryslie; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McNenny; Michels; Monroe; Pummel; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Young; Speaker Hunt

     Excused were:
Fitzgerald

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 210 and pending amendments were laid on the table.

     SB 88:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

     Was read the second time.

     The question being "Shall SB 88 pass?"

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Brown (Richard); Derby; Duniphan; Fiegen; Napoli; Richter; Windhorst

     Excused were:
Fitzgerald

     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. 6.

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:


     The Conference Committee respectfully reports that it has considered HB 1076 and the amendment 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 Senate Appropriations engrossed version.
    
Respectfully Submitted,                Respectfully Submitted,
STEVE CUTLER                        DENNIS DAUGAARD
BILL NAPOLI                        KENNETH D. ALBERS
PAT HALEY                        MEL OLSON
House Committee                        Senate Committee

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in HCR 1012.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1014 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 28.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1075, 1076, and 1116, and SB 209.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 101 and has appointed Sens. Bogue, Frederick, 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.

Respectfully,
PATRICIA ADAM, Secretary
    

    The Speaker appointed Reps. Cutler, Wetz, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 101.

     Rep. Cutler moved that the House do now recess until 3:45 p.m., which motion prevailed and at 3:17 p.m., the House recessed.

RECESS


     The House reconvened at 3:45 p.m., Speaker Hunt now presiding.


MESSAGES FROM THE SENATE

(Continued)

MR. SPEAKER:

    I have the honor to return herewith HCR 1019 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 59.

Respectfully,
PATRICIA ADAM, Secretary
MOTIONS AND RESOLUTIONS


     HCR 1018:   A CONCURRENT RESOLUTION,   Calling upon the United States Congress and the Legislatures of Minnesota, South Dakota, Iowa, and Nebraska to assist in the development of locally-owned facilities for meat and grain processing.

     Rep. Kazmerzak moved that HCR 1018 as found on page 740 and amended on page 839 of the House Journal be adopted.

     The question being on Rep. Kazmerzak's motion that HCR 1018 as amended be adopted.

     And the roll being called:

     Yeas 59, Nays 8, Excused 2, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Derby; Earley; Jaspers; Koskan; Monroe; Peterson; Smidt; Young

     Excused were:
Apa; Fitzgerald

     Absent and Not Voting were:
Windhorst

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1018 was adopted.

     HCR 1020:   A CONCURRENT RESOLUTION,   Expressing the Legislature's condolences upon the occasion of the death of J.D. Kesling.

     Rep. Klaudt moved that HCR 1020 as found on pages 906 and 907 of the House Journal be adopted.

     The question being on Rep. Klaudt's motion that HCR 1020 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Fitzgerald; Volesky; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1020 was adopted.

     SCR 13:   A CONCURRENT RESOLUTION,   Requesting the federal government to honor certain state meat inspections in interstate commerce.

     Rep. Chicoine moved that SCR 13 as found on pages 592 and 593 of the Senate Journal be concurred in.

     The question being on Rep. Chicoine's motion that SCR 13 be concurred in.

     And the roll being called:

     Yeas 48, Nays 17, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wilson; Windhorst; Wudel; Speaker Hunt

     Nays were:
Clark; Derby; Earley; Jaspers; Juhnke; Konold; Koskan; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Young

     Excused were:
Cutler; Fitzgerald; Haley; Volesky; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 13 was concurred in.

    SCR 9:   A CONCURRENT RESOLUTION,   Urging continued support of the Mid Dakota Rural Water Project.

     Rep. Lockner moved that SCR 9 as found on pages 588 and 589 of the Senate Journal be concurred in.

     The question being on Rep. Lockner's motion that SCR 9 be concurred in.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Windhorst

     Excused were:
Cutler; Fitzgerald; Haley; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 9 was concurred in.

     SCR 4:   A CONCURRENT RESOLUTION,   Requesting certain actions by the federal government to protect the agricultural economy of the United States

    Was read the second time.

t-c4b

     Rep. Weber moved that SCR 4 be amended as follows:

     On page 2 of the House Agriculture and Natural Resources committee engrossed resolution , delete lines 1 and 2 .

     On page 2 , line 3 , delete " (2) " and insert " (1) " .

     On page 2 , line 5 , delete " (3) " and insert " (2) " .

     On page 2 , line 6 , delete " (4) " and insert " (3) " .
     On page 2 , line 8 , delete " (5) " and insert " (4) " .

     On page 2 , line 9 , delete " (6) " and insert " (5) " .

     On page 2 , line 12 , delete " (7) " and insert " (6) " .

     On page 2 , line 15 , delete " (8) " and insert " (7) " .

     On page 2 , delete lines 16 to 20 , inclusive , and insert " World Trade Organization negotiations. "

     Which motion prevailed and SCR 4 was so amended.


     Rep. Weber moved that SCR 4 as found on pages 156 and 157 of the Senate Journal and amended on pages 840 and 841 of the House Journal be concurred in as amended.

     The question being on Rep. Weber's motion that SCR 4 be concurred in as amended.

     And the roll being called:

     Yeas 46, Nays 20, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Roe; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Speaker Hunt

     Nays were:
Clark; Duniphan; Earley; Eccarius; Fiegen; Jaspers; Juhnke; Konold; McNenny; Michels; Napoli; Peterson; Putnam; Richter; Sebert; Smidt; Solum; Windhorst; Wudel; Young

     Excused were:
Cutler; Fitzgerald; Haley; Wetz

     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.

     SCR 14:   A CONCURRENT RESOLUTION,   Declaring March 14, 1999, as James Stoick Day.

     Rep. Duenwald moved that SCR 14 as found on pages 767 and 768 of the Senate Journal be concurred in.

     The question being on Rep. Duenwald's motion that SCR 14 be concurred in.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Diedtrich (Elmer)

     Excused were:
Cutler; Fitzgerald; Haley; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 14 was concurred in.

     Rep. McNenny moved that the House do not concur in Senate amendments to HB 1151 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. Cutler, McNenny, and Lucas.


     Rep. Richter moved that the House do concur in Senate amendments to HB 1178.

    Rep. Napoli moved the previous question.

    Which motion prevailed.


     The question being on Rep. Richter's motion that the House do concur in Senate amendments to HB 1178.

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Haley

     Excused were:
Fitzgerald

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

     Rep. Garnos moved that the House do concur in Senate amendments to HB 1302.

     The question being on Rep. Garnos' motion that the House do concur in Senate amendments to HB 1302.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt

     Nays were:
Monroe

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

     Rep. Chicoine moved that the House do concur in Senate amendments to HB 1184.

     The question being on Rep. Chicoine's motion that the House do concur in Senate amendments to HB 1184.

     And the roll being called:

     Yeas 65, Nays 2, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt

     Nays were:
Koetzle; Lucas

     Excused were:
Fitzgerald; Wudel

     Absent and Not Voting were:
Volesky

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

     Rep. Eccarius moved that the House do concur in Senate amendments to HB 1292.

     The question being on Rep. Eccarius' motion that the House do concur in Senate amendments to HB 1292.

     And the roll being called:

     Yeas 62, Nays 6, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt


     Nays were:
Clark; Koehn; Monroe; Napoli; Slaughter; Wetz

     Excused were:
Fitzgerald

     Absent and Not Voting were:
Brooks

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

     Rep. Cutler moved that the House do concur in Senate amendments to HB 1298.

     Rep. Lucas moved as a substitute motion that the House do not concur in Senate amendments to HB 1298 and that no committee be appointed.

     The question being on Rep. Lucas' substitute motion that the House do not concur in Senate amendments and that no committee be appointed.

     And the roll being called:

     Yeas 24, Nays 44, Excused 1, Absent and Not Voting 1

     Yeas were:
Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Apa; Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Garnos; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Fitzgerald

     Absent and Not Voting were:
Koehn

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

     Rep. Lucas moved as a substitute motion that the House do not concur in Senate amendments to HB 1298 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. Lucas' motion that the House do not concur in Senate amendments and that a committee be appointed.

     And the roll being called:

     Yeas 26, Nays 43, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Burg; Cerny; Chicoine; Crisp; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Garnos; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Fitzgerald

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

     Rep. Lucas moved as a substitute motion that HB 1298 be amended as follows:

    Delete all amendments, thus restoring the bill to its original form.

     Rep. Cutler rose to a point of order questioning the appropriateness of Rep. Lucas' motion.

    The Speaker ruled Rep. Lucas' motion out of order, pursuant to JR 8-1.

    Rep. Lucas announced his intention to file a dissent on the ruling of the chair.


     The question now being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1298.

     And the roll being called:

     Yeas 45, Nays 24, Excused 1, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fryslie; Garnos; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Burg; Cerny; Chicoine; Davis; Fiegen; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Wilson

     Excused were:
Fitzgerald

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

     Rep. Crisp moved that the House do concur in Senate amendments to HB 1004.

     The question being on Rep. Crisp's motion that the House do concur in Senate amendments to HB 1004.

     And the roll being called:

     Yeas 43, Nays 25, Excused 1, Absent and Not Voting 1

     Yeas were:
Brooks; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Eccarius; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman

     Excused were:
Fitzgerald

     Absent and Not Voting were:
Wilson

     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.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Appropriations on HB 1179 as found on pages 883 to 886 of the House Journal be adopted.

    Which motion prevailed and the report was adopted.

     Rep. Cutler moved that the House do now recess until 5:35 p.m., which motion prevailed and at 5:17 p.m., the House recessed.

RECESS


     The House reconvened at 5:35 p.m., the Speaker presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1179:   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 second time.

d-1179e

     Rep. Richter moved that HB 1179 be amended as follows:

     On page 30 , line 20 of the House Appropriations committee engrossed bill , after " Parks " insert " Administrative Revolving " .

     On page 31 , after line 18 , insert:

"     Section 35. In the Division of Development Disabilities within the Department of Human Services, $237,300 of the appropriation shall be used for the purpose of increasing the wage exclusion for community based services clients from $200 to $400 per month. "


     Which motion prevailed and HB 1179 was so amended.

p-1179l

     Rep. Fischer-Clemens moved that HB 1179 be further amended as follows:

     On page 10 , line 10 of the House Appropriations committee engrossed bill , delete " $148,777,289 " and insert " $150,662,032 " .

     On page 10 , line 10 , delete " $800,000 " and insert " $1,330,449 " .

Adjust all totals accordingly.

     On page 31 , after line 18 , insert:

"     Section 35. $530,449 other funds appropriated to the Division of Medical Services within the Department of Social Services are Youth-at-risk trust fund earnings to be spent on the Children's Health Insurance Program. "


    A roll call vote was requested and supported.

     The question being on Rep. Fischer-Clemens' motion that HB 1179 be amended.

     And the roll being called:

     Yeas 23, Nays 46, Excused 1, Absent and Not Voting 0

     Yeas were:
Burg; Cerny; Chicoine; Crisp; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Waltman; Wilson

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Fitzgerald

     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 "Shall HB 1179 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Garnos; Haley; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Fischer-Clemens; Hagen; Kazmerzak; Koehn; Koetzle; Kooistra; Patterson; Waltman

     Excused were:
Fitzgerald

     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. 8.

MOTIONS AND RESOLUTIONS


     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 5th, the 38th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1229 and 1282 were delivered to his Excellency, the Governor, for his approval at 9:43 a.m., March 4, 1999.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1230 approved the recommendations and that the Office of Enrolling and Engrossing has

engrossed the changes and has returned the same to his Excellency, the Governor at 9:50 a.m., March 4, 1999.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1004, 1178, 1184, 1292, 1298, and 1302 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1004: FOR AN ACT ENTITLED, An Act to  repeal performance-based budgeting.

     HB 1178: FOR AN ACT ENTITLED, An Act to  revise the state aid for special education funding formula.

     HB 1184: FOR AN ACT ENTITLED, An Act to  allow for the transfer of Harmony Hill to the State of South Dakota.

     HB 1292: FOR AN ACT ENTITLED, An Act to  integrate state telecommunications, to reconstitute and continue the 911 task force, to regulate the forming of new public safety answering points, and to provide for state contracting of certain emergency communication services.

     HB 1298: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding contract negotiations by certain public employees.

     HB 1302: FOR AN ACT ENTITLED, An Act to  prohibit certain deceptive advertising practices.

     SB 54: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the review of necessity of treatment for court-ordered administration of psychotropic medication.

     SB 111: FOR AN ACT ENTITLED, An Act to  establish certain provisions regarding the taxation of the gross receipts of a professional employer organization.

     SB 151: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the prices for residential and business local exchange service that may be charged by certain telecommunications companies.

     SB 161: FOR AN ACT ENTITLED, An Act to  establish a procedure for bringing taxes current and issuing certain permits, and to establish certain penalties.
     SB 188: FOR AN ACT ENTITLED, An Act to  limit the application of capital punishment.

     SB 194: FOR AN ACT ENTITLED, An Act to  provide certain restrictions for dealership contracts for machinery.

     SB 205: FOR AN ACT ENTITLED, An Act to  revise the procedures between contracting school districts.

     SB 211: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to workers' compensation.

     SB 233: FOR AN ACT ENTITLED, An Act to  provide increased funding for the maintenance of state and local highways and roads and to declare an emergency.

     SB 237: FOR AN ACT ENTITLED, An Act to  transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to the Department of Education for child development and certain technology enhancement programs and to make an appropriation therefor.

     SB 238: FOR AN ACT ENTITLED, An Act to  authorize the Public Utilities Commission to regulate certain telecommunications services and to authorize the Bureau of Information and Telecommunications to assist local governmental associations.

     And signed the same in the presence of the House.

     Rep. Broderick moved that the House do now adjourn, which motion prevailed, and at 6:26 p.m. the House adjourned.

KAREN GERDES, Chief Clerk