Joint Journal 02/22/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

TWENTY-NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 22, 1999

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Christy Stokke.

     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 twenty-eighth 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.

The oath of office was administered by Speaker Hunt to the following named pages: Kelly Bickel, Alan Dale Clements, Robert Cook, Jess Fryslie, Erin Greene, Rae Hale, Janelle Holoch, Katrina Ogren, Misty Palmer, Kristin Schliesman, Christy Stokke, Nikki Wilinski, and Amy Wolforth.

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1012, 1022, and 1093, and the same have been deposited in the office of the Secretary of State.

Also Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1013, 1027, 1084, 1087, 1091, 1099, 1158, and 1192, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 243 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 60 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 109, 246, and 75 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 162 and returns the same with the recommendation that said bill be amended as follows:

r-162a

On page 1 , line 10 of the Senate Judiciary committee engrossed bill , delete " However, the sentencing court " .

On page 1 , delete lines 11 to 14 , inclusive .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 228 and returns the same with the recommendation that said bill be amended as follows:

r-228b

On page 1 , line 9 of the Senate Judiciary committee engrossed bill , delete " Class 6 felony " and insert " Class 1 misdemeanor " .

And that as so amended said bill do pass.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 239 and 65 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 8 and returns the same with the recommendation that said resolution be amended as follows:

o-c8a

On page 354 , line 7 of the Senate Journal , delete " Livestock Producers " and insert " livestock and grain producers " .

o-c8d

On page 354 , line 10 of the Senate Journal , delete " , as well as an increasing degree of concentration " and insert " ; and " .

On page 354 , delete lines 11 and 12 .

On page 354 , line 21 , delete " ; and " and insert " : " .

On page 354 , delete lines 22 and 23 .

On page 354 , line 29 , delete " and to place a moratorium on " and insert " . " .

On page 354 , delete lines 30 and 31 .

And that as so amended said resolution be concurred in.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1143, 1196, and 1288 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 59, 89, 101, 164, 208, and 210 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1007 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1002 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

There being no objection, the House proceeded to Order of Business No. 13.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1296: FOR AN ACT ENTITLED, An Act to restrict certain criminal liability for alcoholic beverage licensees and to provide for administrative sanctions.

Was read the second time.

r-1296b

Rep. Apa moved that HB 1296 be amended as follows:

On page 2 , line 3 of the House Judiciary committee engrossed bill , delete " Three " and insert " Five " .

On page 2 , line 4 , delete " Five hundred " and insert " Seven hundred fifty " .

Which motion prevailed and HB 1296 was so amended.

     The question being "Shall HB 1296 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 8, Excused 0, 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; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Fiegen; Konold; Kooistra; Koskan; Munson (Donald); Richter; Solum; Windhorst

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

HB 1005: FOR AN ACT ENTITLED, An Act to revise the membership of the Value Added Finance Authority.

Was read the second time.

t-1005b

Rep. Wetz moved that HB 1005 be amended as follows:

On the House Agriculture and Natural Resources committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. Any person who is at least twenty-one years of age may receive no more than twelve cases of wine, containing no more than nine liters per case, in any calendar year for personal use from another state without payment of state tax, fees, or charges, except as provided in this Act, if a reciprocal agreement exists with the state from which the wine is sent. For tax purposes, receipt of a shipment of wine into this state does not constitute a sale in this state. No person who receives wine may resell any of the wine.

Section 2. Any licensee who holds a license for the retail sale of wine for consumption off the licensed premises may ship no more than twelve cases of wine, containing no more than nine liters per case, per shipment, for personal use and not for resale, directly to a resident of another state if the state to which the wine is sent allows residents of the state to receive wine sent from outside that state. The sale shall be considered to have occurred in this state.

Section 3. Any container of wine being shipped into or out of this state shall be clearly labeled to indicate that it contains alcoholic beverages and that it may not be delivered to a person who is not at least twenty-one years of age or to a person who is visibly intoxicated.

Section 4. For the purposes of out-of-state shipments, no delivery person may make delivery to any person who is under twenty-one years of age or to any person who is visibly intoxicated. The delivery person shall:

(1) Deliver the wine only after seeing proof of identification;

(2) Require the person who receives the wine to sign for it; and

(3) Retain the signature for one year.

Section 5. Any person who receives wine in this state pursuant to the provisions of this Act shall pay an annual permit fee to the Department of Revenue. The permit expires on July first. The amount of the permit fee shall be equal to the tax that would normally apply to the wine received. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to provide for the administration of the permit fee. Proceeds from this fee shall be deposited in the value added finance authority fund, established pursuant to section 6 of this Act.

Section 6. The value added finance authority fund is hereby established. Interest earned on money in the fund shall be deposited in the fund. Money in the fund shall be used by the Value Added Finance Authority to carry out the purposes of chapter 1-16E and shall be expended through the normal appropriations process. "

t-1005c

Rep. Richard Brown moved that Rep. Wetz's pending amendment to HB 1005 be amended as follows:

On the previous amendment to HB 1005 (t-1005b), delete sections 5 and 6 and insert the following:

" Section 5. Any person who receives wine in this state pursuant to the provisions of this Act shall pay an annual permit fee to the Department of Revenue. The permit expires on July first. Proceeds from this fee shall be deposited in the general fund. The amount of the permit fee shall be equal to the tax that would normally apply to the wine received plus a fee sufficient to cover administrative costs. The Department of Revenue shall promulgate rules pursuant to chapter 1- 26 to provide for the administration of the permit fee."

Rep. Konold requested that the Speaker rule on the germaneness of the pending amendment.

    The Speaker ruled Rep. Wetz's amendment germane.

    The question being on Rep. Brown's motion to amend Rep. Wetz's pending amendment.

Which motion prevailed and Rep. Wetz's amendment was so amended.

The Speaker ruled Rep. Wetz's amendment as so amended no longer germane.

     Rep. Waltman moved that HB 1005 be deferred to the 41st legislative day.

     The question being on Rep. Waltman's motion that HB 1005 be deferred to the 41st legislative day.

     And the roll being called:

Yeas 59, Nays 10, Excused 1, Absent and Not Voting 0

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

Nays were:
Brown (Richard); Clark; Engbrecht; Jaspers; Klaudt; Michels; Monroe; Wetz; Windhorst; Young

Excused were:
Duenwald

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the bill was so deferred.

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

Was read the second time.

     The question being "Shall HB 1302 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Fitzgerald; 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:
Clark

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. Garnos moved that the title to HB 1302 be amended as follows:

On page 1 , line 1 of the House Commerce committee engrossed bill , delete " in telephone " and insert " practices. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

HB 1240: FOR AN ACT ENTITLED, An Act to declare that the South Dakota Oilseeds Council, the South Dakota Soybean Research and Promotion Council, and the South Dakota Corn Utilization Council, are not agencies of the State of South Dakota, to repeal their rulemaking authority, and to revise other provisions relating to them and the Department of Agriculture.

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

t-1240a

Rep. Cutler moved that HB 1240 be amended as follows:

On page 1 , line 14 of the House State Affairs committee engrossed bill , remove the overstrikes from " ~~Expenditures of these~~ " .

On page 1 , remove the overstrikes from line 15 .

On page 1 , line 15 , delete " Funds deposited with the " .

On page 2 , delete line 1 .

On page 2 , line 2 , delete " designated by the council. " .

On page 2 , line 4 , after " audit. " insert " The council shall submit an annual informational budget to the appropriations committee of the Legislature. " .

On page 3 , remove the overstrikes from line 15 .

On page 3 , line 16 , remove the overstrikes from " ~~provisions of Title 4.~~ " .

On page 3 , line 16 , delete everything after " Title 4. " .

On page 3 , line 17 , delete everything before " The " .

On page 3 , line 20 of the House State Affairs committee engrossed bill , after " audit. " insert " The council shall submit an annual informational budget to the appropriations committee of the Legislature. " .

On page 5 , remove the overstrikes from line 23 .

On page 5 , line 23 , delete " Moneys " .

On page 5 , delete line 24 .

On page 5 , line 25 , delete everything before " The " .

On page 6 , line 3 of the House State Affairs committee engrossed bill , after " audit. " insert " The council shall submit an annual informational budget to the appropriations committee of the Legislature. " .

On page 7 , after line 19 , insert:

" Section 16. That chapter 38-27 be amended by adding thereto a NEW SECTION to read as follows:

The open meeting provisions of chapter 1-25 apply to the council.

Section 17. That chapter 38-29 be amended by adding thereto a NEW SECTION to read as follows:

The open meeting provisions of chapter 1-25 apply to the council.

Section 18. That chapter 38-32 be amended by adding thereto a NEW SECTION to read as follows:

The open meeting provisions of chapter 1-25 apply to the council. "

Which motion prevailed and HB 1240 was so amended.

     The question being "Shall HB 1240 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 20, Excused 0, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Burg; Clark; Derby; Earley; Eccarius; Fiegen; Klaudt; Koehn; Lintz; Michels; Monroe; Munson (Donald); Putnam; Richter; Sebert; Wudel; Young

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

HB 1164: FOR AN ACT ENTITLED, An Act to provide certain injunctive relief against unwarranted emergency zoning ordinances, zoning maps, and other official controls.

Was read the second time.

     The question being "Shall HB 1164 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, 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; Fitzgerald; 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; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Clark; Volesky

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

HB 1229: FOR AN ACT ENTITLED, An Act to require the reporting of certain weapons violations on school premises to local law enforcement authorities.

Was read the second time.

The question being "Shall HB 1229 pass as amended?"

And the roll being called:

Yeas 63, Nays 7, Excused 0, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; 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); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Clark; Crisp; Earley; Koehn; Koskan; Monroe; Windhorst

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

HB 1232: FOR AN ACT ENTITLED, An Act to provide for a retroactive application of the definition of telephone company operating property.

Was read the second time.

     The question being "Shall HB 1232 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 39, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Jarvis); Burg; Cerny; Chicoine; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Hagen; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Koskan; Lockner; McIntyre; Munson (Donald); Nachtigal; Patterson; Pummel; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wetz

Nays were:
Broderick; Brooks; Brown (Richard); Clark; Crisp; Cutler; Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Jaspers; Juhnke; Klaudt; Konold; Lintz; Lucas; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Putnam; Richter; Roe; Sebert; Solum; Sutton (Duane); Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Derby

Absent and Not Voting were:
Davis

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

Rep. Apa announced his intention to reconsider the vote by which HB 1232 was lost.

HB 1038: FOR AN ACT ENTITLED, An Act to revise the system of issuing and selling certain licenses, permits, and stamps by agents of the Department of Game, Fish and Parks, to repeal the reimbursement to counties for services rendered in such sales, and to provide additional funds to the state animal damage control fund.

Was read the second time.

o-1038c

Rep. Cutler moved that HB 1038 be amended as follows:

On page 6 , after line 14 of the House State Affairs committee engrossed bill , insert:

" Section 15. The Game, Fish and Parks Commission shall annually use at least six hundred thousand dollars of the amount retained by the commission by the repeal of § 41-6-70 to reduce hunting license fees and to provide public hunting access on private lands. "

t-1038

Rep. Richard Brown moved as a substitute motion that HB 1038 be amended as follows:

On page 6 , after line 14 of the House State Affairs committee engrossed bill , insert:

" Section 15. A portion of the license fees collected by the Department of Game, Fish and Parks that would previously have been paid to counties pursuant to § 41-6-70, in an amount equal to one million thirty-three thousand two hundred sixty-nine dollars and ten cents per year, shall be used only for the following purposes: administration of licensing services provided by the department; increased contribution to the animal damage control fund as provided in section 14 of this Act; development of public access, other than fee-title purchase of land, for hunting and fishing; wildlife habitat improvements; management of wildlife damage; or to be credited toward a reduction of resident license fees. The Game, Fish and Parks Commission shall approve amounts allocated to the specific purposes identified in this section. "

    A roll call vote was requested and supported.

     The question being on Rep. Richard Brown's substitute motion that HB 1038 be amended.

     And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Diedtrich (Elmer); Duniphan; Earley; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Putnam; Richter; Roe; Sebert; Solum; Sutton (Daniel); Volesky; Waltman; Wetz; Wilson

Nays were:
Cutler; Derby; Diedrich (Larry); Duenwald; Eccarius; Engbrecht; Fiegen; Jaspers; Juhnke; Klaudt; Koskan; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Slaughter; Smidt; Sutton (Duane); Weber; Windhorst; Wudel; Young; Speaker Hunt

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1038 was so amended.

     The question being "Shall HB 1038 pass as amended?"

     And the roll being called:

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

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

Nays were:
Diedtrich (Elmer); Duenwald; Koskan; McNenny; Monroe; Weber

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

HB 1233: FOR AN ACT ENTITLED, An Act to place certain restrictions on the ownership of livestock feedlots by certain livestock processors.

Was read the second time.

r-1233

Rep. Haley moved that HB 1233 be amended as follows:

On page 2 , line 11 of the House Agriculture and Natural Resources committee engrossed bill , delete " A processor violating section 1 of this Act shall be assessed " and insert " The courts of this state may assess " .

On page 2 , line 12 , after " dollars " insert " against any processor violating section 1 of this Act " .

    A roll call vote was requested and supported.

     The question being on Rep. Haley's motion that HB 1233 be amended.

     And the roll being called:

     Yeas 36, Nays 32, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Diedtrich (Elmer); Engbrecht; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Pummel; Roe; Sebert; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Speaker Hunt

Nays were:
Brooks; Clark; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Peterson; Putnam; Richter; Slaughter; Smidt; Sutton (Duane); Wetz; Windhorst; Young

Excused were:
Wudel

Absent and Not Voting were:
Napoli

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1233 was so amended.

x-1233

Rep. Weber moved that HB 1233 be further amended as follows:

On page 2 , line 4 of the House Agriculture and Natural Resources committee engrossed bill , delete " ten " and insert " twenty-five " .

Which motion lost.

The question now being "Shall HB 1233 pass as amended?"

     And the roll being called:

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

     Yeas were:
Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; 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; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

Absent and Not Voting were:
Napoli

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

HB 1224: FOR AN ACT ENTITLED, An Act to govern the conditions under which a municipality may grant additional CATV franchises.

Was read the second time.

     The question being "Shall HB 1224 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 11, Excused 0, Absent and Not Voting 2

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

Nays were:
Apa; Crisp; Hanson; Koetzle; Lintz; Michels; Pummel; Sutton (Daniel); Wetz; Wudel; Young

Absent and Not Voting were:
Nachtigal; Napoli

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

HB 1159: FOR AN ACT ENTITLED, An Act to use cash rent to determine the value of agricultural land and to repeal the nonagricultural acreage classification.

Was read the second time.

f-1159b

Rep. Waltman moved that HB 1159 be amended as follows:

On page 3 , line 14 of the House Taxation committee engrossed bill , overstrike " by more than ten percent " .

On page 3 , line 16 , after " region. " insert " Each county may collect cash rent information for each identifiable region in the county or request the Department of Revenue to collect such information pursuant to § 10-6-33.16. " .

Which motion prevailed and HB 1159 was so amended.

     The question being "Shall HB 1159 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 33, Excused 1, Absent and Not Voting 0

     Yeas were:
Brooks; Burg; Cerny; Chicoine; Cutler; Derby; Diedtrich (Elmer); Duenwald; Engbrecht; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson (Donald); Nachtigal; Patterson; Pummel; Volesky; Waltman; Weber; Windhorst; Wudel

Nays were:
Broderick; Brown (Jarvis); Brown (Richard); Clark; Crisp; Davis; Diedrich (Larry); Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Garnos; Jaspers; Konold; Koskan; Michels; Monroe; Napoli; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Young; Speaker Hunt

Excused were:
Apa

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

Rep. Koskan announced his intention to reconsider the vote by which HB 1159 was passed.

HB 1293: FOR AN ACT ENTITLED, An Act to protect an employee's pay check by limiting employee organization dues to the support of the basic activities of the employee organization.

Was read the second time.

s-1293a

Rep. Young moved that HB 1293 be amended as follows:

On page 1 of the printed bill , delete lines 4 to 15 , inclusive .

On page 2 , delete lines 1 and 2 .

On page 2 , line 3 , after " employee " insert " or labor " .

On page 2 , line 3 , after " organization " insert " governed by chapter 3-18 or 60-9 " .

On page 2 , line 4 , after " employee " insert " or labor " .

On page 2 , line 6 , after " notice. " insert " Political activity is activity supported by a contribution or expenditure as those terms are used in 2 U.S.C. § 441(b) as in effect January 1, 1999. Political activity also includes providing contributions to political parties, candidates, political action committees, or participating or intervening in any political campaign or political party. " .

    A roll call vote was requested and supported.

     The question being on Rep. Young's motion that HB 1293 be amended.

     And the roll being called:

     Yeas 41, Nays 27, Excused 1, Absent and Not Voting 1

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

Nays were:
Apa; Brown (Jarvis); Burg; Chicoine; Crisp; Cutler; Davis; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Peterson; Sutton (Daniel); Volesky; Waltman; Wilson

Excused were:
Putnam

Absent and Not Voting were:
Koehn

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1293 was so amended.

     The question being "Shall HB 1293 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 32, Excused 1, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Richard); Clark; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Napoli; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Apa; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Engbrecht; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Sutton (Daniel); Volesky; Waltman; Wilson; Windhorst

Excused were:
Putnam

Absent and Not Voting were:
Koehn

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. Young moved that the title to HB 1293 be amended as follows:

s-1293t

On page 1 , line 1 of the printed bill , delete everything after " by " and insert " requiring prior written authorization to collect fees for political activity. " .

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

Rep. Koetzle announced his intention to reconsider the vote by which HB 1293 was passed.

     Rep. Apa moved that the House do now reconsider the vote by which HB 1232 was lost.

     The question being on Rep. Apa's motion to reconsider the vote by which HB 1232 was lost.

     And the roll being called:

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

     Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Patterson; Peterson; Pummel; Richter; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Speaker Hunt

Nays were:
Broderick; Clark; Cutler; Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fryslie; Jaspers; Koehn; Konold; Lintz; McNenny; Michels; Monroe; Munson (Donald); Napoli; Roe; Sebert; Solum; Wetz; Windhorst; Wudel; Young

Excused were:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1232 was up for reconsideration and final passage.

HB 1232: FOR AN ACT ENTITLED, An Act to provide for a retroactive application of the definition of telephone company operating property.

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

x-1232

Rep. Apa moved that HB 1232 be amended as follows:

On page 3 , delete lines 7 to 9 of the House Taxation committee engrossed bill , inclusive .

A roll call vote was requested and not supported.

    The Speaker, being in doubt on the voice vote, requested a roll call vote.

     The question being on Rep. Apa's motion that HB 1232 be amended.

     And the roll being called:

     Yeas 34, Nays 35, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Burg; Cerny; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koehn; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber

Nays were:
Broderick; Brooks; Brown (Richard); Chicoine; Clark; Crisp; Cutler; Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Jaspers; Klaudt; Konold; Lintz; McNenny; Michels; Napoli; Peterson; Richter; Roe; Sebert; Solum; Sutton (Duane); Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Putnam

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

     The question being "Shall HB 1232 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 39, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Burg; Cerny; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Hagen; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; Munson (Donald); Nachtigal; Patterson; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber

Nays were:
Broderick; Brooks; Brown (Richard); Chicoine; Clark; Crisp; Cutler; Derby; Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Jaspers; Juhnke; Klaudt; Konold; Lintz; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Richter; Roe; Sebert; Solum; Sutton (Duane); Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Putnam

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

HB 1292: FOR AN ACT ENTITLED, An Act to make legislative findings and recommendations for improvement to the 911 emergency notification system and to provide for the development of a statewide comprehensive plan.

Was read the second time.

     The question being "Shall HB 1292 pass as amended?"

     And the roll being called:

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

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fryslie; Garnos; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McNenny; Michels; Peterson; Richter; Roe; Smidt; Solum; Sutton (Duane); Windhorst; Wudel; Speaker Hunt

Nays were:
Apa; Burg; Cerny; Chicoine; Clark; Davis; Engbrecht; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Sebert; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

Excused were:
Putnam; Young

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

Rep. Eccarius announced his intention to reconsider the vote by which HB 1292 was lost.

     Rep. Koetzle moved that the House do now reconsider the vote by which HB 1293 was passed.

     The question being on Rep. Koetzle's motion to reconsider the vote by which HB 1293 was passed.

     And the roll being called:

Yeas 33, Nays 34, Excused 1, Absent and Not Voting 2

Yeas were:
Apa; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Engbrecht; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Peterson; Richter; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

Nays were:
Broderick; Brooks; Brown (Richard); Clark; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fitzgerald; Fryslie; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Napoli; Pummel; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Putnam

Absent and Not Voting were:
Fiegen; Monroe

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

     Rep. Koskan moved that the House do now reconsider the vote by which HB 1159 was passed.

     The question being on Rep. Koskan's motion to reconsider the vote by which HB 1159 was passed.

     And the roll being called:

     Yeas 32, Nays 38, Excused 0, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Fiegen; Fitzgerald; Fryslie; Jaspers; Konold; Koskan; McCoy; Munson (Donald); Napoli; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Diedtrich (Elmer); Eccarius; Engbrecht; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Nachtigal; Patterson; Peterson; Pummel; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

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

HB 1218: FOR AN ACT ENTITLED, An Act to create a postsecondary education loan program and to make an appropriation therefor.

Was read the second time.

x-1218

Rep. Richter moved that HB 1218 be amended as follows:

On page 2 , line 21 of the House Appropriations committee engrossed bill , delete " three " and insert " one " .

On page 2, line 21, after "fund" delete "dollars" and insert "dollar".

On page 2 , line 21 , delete " two " and insert " four " .

f-1218

Rep. Kooistra moved as a substitute motion that HB 1218 be amended as follows:

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

" Section 1. There is hereby appropriated from the employer's investment in South Dakota's future fund created in § 61-5-24.2 the sum of one hundred ninety-one thousand three hundred fifty dollars ($191,350), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide funds for student incentive grants pursuant to chapter 13-55A.

Section 2. There is hereby appropriated from the employer's investment in South Dakota's future fund created in § 61-5-24.2 the sum of one hundred ninety-one thousand three hundred fifty dollars ($191,350), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide funds for tuition equalization grants pursuant to chapter 13-55B.

Section 3. The secretary of the Department of Education and Cultural Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2000, shall revert in accordance with § 4-8-21. "

    A roll call vote was requested and supported.

     The question being on Rep. Kooistra's substitute motion that HB 1218 be amended.

     And the roll being called:

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

Yeas were:
Apa; Broderick; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; Munson (Donald); Nachtigal; Sebert; Sutton (Daniel); Volesky; Waltman; Wilson

Nays were:
Brooks; 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; McIntyre; McNenny; Michels; Monroe; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Windhorst; Young; Speaker Hunt

     Excused were:
Wudel

     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. Richter's motion that HB 1218 be amended.

     Which motion prevailed and HB 1218 was so amended.

c-1218

Rep. Donald Munson moved that HB 1218 be further amended as follows:

On page 1 , line 5 of the House Appropriations committee engrossed bill , delete " state- supported universities " and insert " accredited institutions of higher education located in South Dakota " .

On page 2 , line 15 , delete everything after " "Eligible institution," " and insert " any accredited institution of higher education located in South Dakota " .

On page 2 , delete line 16 .

On page 5 , delete lines 11 to 15 , inclusive .

Which motion lost.

The question now being "Shall HB 1218 pass as amended?"

And the roll being called:

Yeas 54, Nays 16, Excused 0, Absent and Not Voting 0

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

Nays were:
Diedrich (Larry); Duenwald; Earley; Fitzgerald; Fryslie; Hagen; Jaspers; Koehn; Koskan; McNenny; Monroe; Sebert; Sutton (Duane); Wetz; Windhorst; Young

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

     Rep. Eccarius moved that the House do now reconsider the vote by which HB 1292 was lost.

     The question being on Rep. Eccarius' motion to reconsider the vote by which HB 1292 was lost.

     And the roll being called:

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

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

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

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1292 was up for reconsideration and final passage.

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

     The question being "Shall HB 1292 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent and Not Voting 0

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

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

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

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

Was read the second time.

d-1178d

Rep. Richter moved that HB 1178 be amended as follows:

On page 4 , line 1 of the House Education committee engrossed bill , delete " $2,295 " and insert " $1,795 " .

On page 4 , line 5 , delete " $4,413 " and insert " $3,913 " .

On page 4 , line 8 , delete " of deafness " .

On page 4 , line 9 , delete " $6,487 " and insert " $5,987 " .

On page 4 , line 13 , delete " $8.090 " and insert " $7,590 " .

On page 4 , line 17 , delete " $10,272 " and insert " $9,772 " .

On page 4 , line 18 , delete " primary " and insert " level five " .

On page 4 , line 21 , delete " $14,572 " and insert " $14,072 " .

On page 4 , line 25 , delete " $15,626 " and insert " $15,126 " .

Which motion prevailed and HB 1178 was so amended.

d-1178e

Rep. Eccarius moved that HB 1178 be further amended as follows:

On page 3 , line 11 of the House Education committee engrossed bill , delete " speech or language " and insert " mild " .

On page 3 , delete lines 12 and 13 .

On page 3 , line 14 , delete " four " and insert " two " .

On page 3 , line 15 , delete " five " and insert " three " .

On page 3 , line 17 , delete " six " and insert " four " .

On page 3 , line 18 , delete " seven " and insert " five " .

On page 3 , line 23 , delete " the maximum " and insert " a " .

On page 3 , line 24 , delete " pursuant to § 13-37-36 " and insert " of one dollar and thirty-five cents per thousand dollars of taxable valuation " .

On page 4 , line 1 , delete " $2,295 " and insert " $3,504 " .

On page 4 , line 5 , delete " $4,413 " and insert " $7,914 " .

On page 4 , line 8 , delete " of deafness " .

On page 4 , line 9 , delete " $6,487 " and insert " $10,116 " .

On page 4 , line 13 , delete " $8,090 " and insert " $14,705 " .

On page 4 , line 17 , delete " $10,272 " and insert " $15,808 " .

On page 4 , delete lines 20 to 25 , inclusive .

On page 5 , delete lines 1 and 2 .

On page 5 , between lines 6 and 7 , insert:

(18) "Resident average daily membership," the average number of resident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year plus the average number of pupils for whom

the district pays tuition and plus the average number of resident pupils enrolled in another school district under the provisions of § 13-28-40;

(19) "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education and cultural affairs for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

(20) "Nonpublic average daily membership," the average number of kindergarten through twelfth grade pupils enrolled during the previous regular school year in all nonpublic schools located within the boundaries of the public school district plus the average number of children under age sixteen who are approved for alternative instruction pursuant to § 13-27-2 during the previous school year;

(21) "Special education average daily membership," resident average daily membership plus nonpublic average daily membership; "

On page 5 , line 7 , delete " (18) " and insert " (22) " .

On page 5 , line 8 , delete " number students having a level one disability as reported on the " and insert " special education average daily membership by .089 and multiply the result " .

On page 5 , line 9 , delete " child count for the previous school fiscal year " .

On page 5 , delete lines 23 to 25 , inclusive .

On page 6 , delete lines 1 to 3 , inclusive .

On page 6 , line 4 , delete " (h) " and insert " (f) " .

On page 6 , line 4 , delete " (g) " and insert " (e) " .

On page 6 , line 5 , delete " (19) " and insert " (23) " .

On page 6 , line 6 , delete " the maximum levy for the special education fund of a school district " and insert " $1.35 " .

On page 6 , line 7 , delete " pursuant to § 13-37-16 " .

On page 7 , between lines 12 and 13 , insert:

" Section 6A. That § 13-37-38 be repealed.

13-37-38. Subject to the limitation in § 13-37-42, the secretary of the Department of Education and Cultural Affairs shall, for the period of January 1, 1997, through June 30, 1997, set aside two percent (2%) of the state special education appropriation for extraordinary expenses incurred by providing a special education program or service to one or more children

~~with disabilities, with expenditures to be made as recommended by an oversight board and approved by the secretary of the Department of Education and Cultural Affairs.~~

Section 6B. That § 13-37-39 be repealed.

13-37-39. Subject to the limitation in § 13-37-42, the secretary of the Department of Education and Cultural Affairs shall, for school fiscal year 1998, set aside four percent (4%) of the state special education appropriation for extraordinary expenses incurred in providing special education programs or services to one or more children with disabilities, with expenditures to be made as recommended by an oversight board and approved by the secretary of the Department of Education and Cultural Affairs. Any funds not expended or obligated pursuant to this section shall not be subject to reversion pursuant to § 4-8-19. The maximum amount not subject to reversion is equal to 5.75% of the state special education appropriation.

Section 6C. That § 13-37-43 be repealed.

~~13-37-43. For the transition period from January 1, 1997, through school fiscal year 1999, state aid to special education shall be determined according to the following calculations:~~

(1) For the period January 1, 1997, through June 30, 1997, state aid for special education is the greater of (a) state aid for special education as calculated in § 13-37-36, or (b) actual school special education expenditures for fiscal year 1994 less federal revenues for special education less local effort, the result which is multiplied times 0.59;

(2) For school fiscal year 1998, state aid for special education is the greater of (a) state aid for special education as calculated in § 13-37-36, or (b) actual school special education expenditures for fiscal year 1994 less federal revenues for special education less local effort, the result which is multiplied times 0.95;

(3) For school fiscal year 1999, state aid for special education is the greater of (a) state aid for special education as calculated in § 13-37-36, or (b) actual school special education expenditures for fiscal year 1994 less federal revenues for special education less local effort, the result which is multiplied times 0.95.

Section 6D. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

For the transition period from school fiscal year 2000 through school fiscal year 2003, state aid for special education shall be determined according to the following calculations:

(1) Multiply local need of a school district by 0.96 in school fiscal year 2000, 0.97 in school fiscal year 2001, 0.98 in school fiscal year 2002, and 0.99 in school fiscal year 2003;

(2) After making the adjustment to local need pursuant to subdivision (1) of this section, calculate state aid for special education pursuant to section 4 of this Act;

(3) Subtract the result of subdivision (2) from the amount of state aid received pursuant to § 13-37-36 or 13-37-43 in school fiscal year 1999;

(4) Multiply the result of subdivision (3) by 0.80 in school fiscal year 2000, 0.60 in school fiscal year 2001, 0.40 in school fiscal year 2002, and 0.20 in school fiscal year 2003;

(5) Add the result of subdivision (2) to the result of subdivision (4);

(6) State aid for special education is the greater of the result of subdivision (2) or the result of subdivision (5).

Section 6E. That § 13-37-44 be amended to read as follows:

13-37-44. A school district's state aid for special education as calculated pursuant to section 4 or section 10 of this Act shall be reduced by the amount which its ending special education fund balance exceeds twenty percent of its special education expenditures for the prior fiscal year or fifty thousand dollars, whichever is greater, if the school district did not receive money set aside in § § 13-37-38 to 13-37-40, inclusive, during the prior fiscal year; or the amount which its ending special education fund balance exceeds five percent of its special education expenditures for the prior fiscal year if the school district received money set aside in § ~~§ 13-37-38 to~~ 13-37-40 ~~, inclusive,~~ during the prior fiscal year. "

On page 8 , line 12 , delete " seven " and insert " five " .

On page 8 , line 12 , delete " four " and insert " two " .

On page 8 , line 13 , delete " five, excluding the combination of deafness and blindness " and insert " three, excluding the disability of deaf-blindness " .

On page 8 , delete lines 14 to 18 , inclusive .

On page 8 , line 21 , delete " Section 5 " and insert " Section 7 " .

Rep. Fiegen moved the previous question.

Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Eccarius' motion that HB 1178 be further amended.

     And the roll being called:

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

Yeas were:
Broderick; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Jaspers; Juhnke; Klaudt; Kooistra; Koskan; Lintz; McNenny; Michels; Monroe; Napoli; Putnam; Sebert; Slaughter; Smidt; Sutton (Duane); Waltman; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Lockner; Lucas; McCoy; McIntyre; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Solum; Sutton (Daniel); Volesky; Weber; Wilson; Windhorst

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 1178 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 18, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Volesky; Weber; Wilson; Windhorst; Speaker Hunt

Nays were:
Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Eccarius; Kooistra; Koskan; Lintz; McNenny; Monroe; Napoli; Putnam; Smidt; Sutton (Duane); Waltman; Wetz; Wudel; Young

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

HB 1237: FOR AN ACT ENTITLED, An Act to repeal the video lottery and to refer the Act to a vote of the electors of this state at the next general election.

Was read the second time.

f-1237a

Rep. Volesky moved that HB 1237 be amended as follows:

On page 8 , after line 25 of the House State Affairs committee engrossed bill , insert:

" Section 11. The effective date of this Act is July 1, 2002. "

Which motion prevailed and HB 1237 was so amended.

Rep. Fiegen moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 45, Excused 0, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Richard); Burg; Cerny; Cutler; Duenwald; Eccarius; Engbrecht; Fiegen; Fitzgerald; Hanson; Kazmerzak; Konold; Kooistra; Koskan; Lockner; Lucas; Peterson; Putnam; Smidt; Volesky; Waltman; Weber; Wudel; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Windhorst; Young

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

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

MOTIONS AND RESOLUTIONS

Rep. Cutler moved that consideration of HCR 1009, HCR 1008, SCR 3, HB 1039, 1053, 1070, 1107, 1193, 1207, and 1262 be deferred until Tuesday, February 23rd, the 30th legislative day.

Which motion prevailed and the items were so deferred.

HCR 1013 Introduced by: Representatives Cutler, Crisp, Engbrecht, Koehn, McCoy, Roe, and Sebert and Senators Kleven and Dunn (Jim)

A CONCURRENT RESOLUTION, Recognizing the Department of Health's progressive immunization policies and urging a progressive immunization policy against Hepatitis B.

WHEREAS, the South Dakota Department of Health has consistently improved the public health of the citizenry of South Dakota residents; and

WHEREAS, the South Dakota Department of Health has raised the immunization rate of the children and adolescents in our state against disease; and

WHEREAS, the immunization rates of South Dakota now exceed the national average of other states; and

WHEREAS, the South Dakota Department of Health has indicated its commitment to comply with the recommendation of the Center for Disease Control and Prevention; and

WHEREAS, the South Dakota Department of Health has recognized the increased risk of Hepatitis B to our adolescents and targeted them for protection:

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 South Dakota Department of Health be encouraged to adopt a progressive immunization policy requiring protection against Hepatitis B; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature express its thanks and appreciation for the South Dakota Department of Health's employees, its forward thinking policies, and its ability to adapt to the changing health care needs of the public by continuing its progressive immunization policies.

Was read the first time and referred to the Committee on Health and Human Services.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 128 as found on page 633 of the House Journal; also

     Judiciary on SB 171 as found on page 633 of the House Journal; also

     Judiciary on SB 49 as found on page 634 of the House Journal; also

     State Affairs on SB 200 as found on page 634 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Cutler moved that SB 55, 57, 58, and 190 be deferred until Tuesday, February 23rd, the 30th legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

Was read the first time and referred to the Committee on State Affairs.

SB 89: FOR AN ACT ENTITLED, An Act to clarify average daily membership in the state aid to education formula.

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

SB 101: FOR AN ACT ENTITLED, An Act to revise the formula for assigning assessed railroad valuation to counties.

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

SB 164: FOR AN ACT ENTITLED, An Act to prohibit certain practices by certain livestock packers and live poultry dealers.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 208: FOR AN ACT ENTITLED, An Act to create the Postsecondary Education Advance Payment Plan Task Force.

Was read the first time and referred to the Committee on State Affairs.

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

Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 97, 6, 106, 10, 11, 12, 132, 47, 15, 79, 80, 126, 134, 103, 146, 34, 71, 52, 95, 176, 130, 172, 99, 27, 235, 236, 54, and 5 be deferred until Tuesday, February 23rd, the 30th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

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 1037, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor at 11:58 a.m., February 22, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1014, 1128, 1142, 1255, and 1256 were delivered to his Excellency, the Governor, for his approval at 11:59 a.m., February 22, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1096, 1103, 1109, 1130, 1134, 1135, 1136, 1140, 1146, 1160, 1172, 1199, and 1246 were delivered to his Excellency, the Governor, for his approval at 3:00 p.m., February 22, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1143, 1196, and 1288 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1143: FOR AN ACT ENTITLED, An Act to permit municipalities and school districts to open their polling places earlier.

     HB 1196: FOR AN ACT ENTITLED, An Act to allow the investment council to invest certain public funds and to restrict the investment of certain public funds.

     HB 1288: FOR AN ACT ENTITLED, An Act to revise certain time frames for election procedures that follow an election.

     SB 36: FOR AN ACT ENTITLED, An Act to permit the Public Utilities Commission to measure grain at the request of the operator of a public grain warehouse.

     And signed the same in the presence of the House.

Rep. Jaspers moved that the House do now adjourn, which motion prevailed, and at 9:11 p.m. the House adjourned.

KAREN GERDES, Chief Clerk