JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION




TWENTY-FOURTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 11, 2000

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by House page Erin Harvey.

     Roll Call: All members present except Reps. Solum, Dan Sutton, Weber, and Wetz who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Roger W. Hunt, Chair

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


MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 38 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
Kristie K. Fiegen, Chair

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 187, 193, and 83 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 154 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 92 and SJR 1 and returns the same with the recommendation that said bill and said resolution do pass.


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 12 and returns the same with the recommendation that said bill be amended as follows:

12ob
     On page 1 , line 7 of the Senate engrossed bill , delete " shall " and insert " may " .

     On page 1 , line 15 , delete " shall " and insert " may " .

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


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be concurred in.


Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1004, 1046, 1071, 1128, and 1169 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 27, 41, 63, 141, 181, 182, 196, and 206 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


    House Page Resolution 3: Introduced by: Representatives 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; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; 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; Wudel; Young; Speaker Hunt

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives     of the Seventy-fifth Legislature of the State of South Dakota to Desiree Estes, James     Fousek, Londa Fox, Pennie Hahne, Aimee Hanssen, Erin Harvey, Valerie Kazmerzak,

    Jessica Kissner, Brooke Lockner, Marci Medalen, Natalie Roe, Kelly Steinmetz, Travis     Teach, and Chandra Voeltz.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Seventy-fifth Legislative Session; and

    WHEREAS, the members of the Seventy-fifth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-fifth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

     Rep. Cutler moved that House Page Resolution 3 be adopted.

     Which motion prevailed and the resolution was adopted.

     Yesterday, Rep. Peterson announced his intention to reconsider the vote by which HB 1243 was lost.

     Rep. Peterson moved to reconsider the vote by which HB 1243 was lost.

     The question being on Rep. Peterson's motion to reconsider the vote by which HB 1243 was lost.

     And the roll being called:

     Yeas 58, Nays 8, Excused 4, Absent and Not Voting 0

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

     Nays were:
Apa; Broderick; Davis; Duenwald; Klaudt; Koehn; Lintz; Lockner

     Excused were:
Solum; Sutton (Daniel); Weber; Wetz


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1243 was up for reconsideration and final passage.

     HB 1243:   FOR AN ACT ENTITLED, An Act to   create a tobacco prevention and cessation program and trust fund and to make an appropriation therefor.

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

1243bh

     Rep. Peterson moved that HB 1243 be amended as follows:

    Delete the previously adopted amendment 1243bb as found on page 593 of the House Journal.

     On page 1 , line 5 of the printed bill , delete " One-third of any " and insert " Three million dollars from the " .

     Which motion prevailed and HB 1243 was so amended.

     The question being "Shall HB 1243 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 13, Excused 4, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Broderick; Cerny; Davis; Duenwald; Duniphan; Fiegen; Hennies; Klaudt; Koehn; Lintz; Lockner; Napoli

     Excused were:
Solum; Sutton (Daniel); Weber; Wetz

     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.


     HCR 1006:   A CONCURRENT RESOLUTION,   Requesting the designation of a portion of U.S. Highway 83 as Pearl Harbor Memorial Highway.

     Rep. Hennies moved that HCR 1006 as found on page 174 of the House Journal be adopted.

     The question being on Rep. Hennies' motion that HCR 1006 be adopted.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, 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; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; 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; Sutton (Duane); Volesky; Waltman; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Solum; Sutton (Daniel); Weber; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

     HCR 1012:   A CONCURRENT RESOLUTION,   Urging support for America's sheep industry.

     Rep. Klaudt moved that HCR 1012 as found on page 416 of the House Journal be adopted.

     The question being on Rep. Klaudt's motion that HCR 1012 be adopted.

     And the roll being called:


     Yeas 66, Nays 0, Excused 4, 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; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; 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; Sutton (Duane); Volesky; Waltman; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Solum; Sutton (Daniel); Weber; Wetz

     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 1013:   A CONCURRENT RESOLUTION,   Seeking increased federal funding for the state animal damage control program.

     Rep. McNenny moved that HCR 1013 as found on page 486 of the House Journal be adopted.

     The question being on Rep. McNenny's motion that HCR 1013 be adopted.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, 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; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; 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; Sutton (Duane); Volesky; Waltman; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Solum; Sutton (Daniel); Weber; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.


     SCR 3:   A CONCURRENT RESOLUTION,   Recognizing the Family and Consumer Sciences Departments and their role in parenting and human development education.

     Rep. Fitzgerald moved that SCR 3 as found on page 221 of the Senate Journal be concurred in.

     The question being on Rep. Fitzgerald's motion that SCR 3 be concurred in.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, 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; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; 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; Sutton (Duane); Volesky; Waltman; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Solum; Sutton (Daniel); Weber; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

     HCR 1014   Introduced by:  Representatives Hunt, Apa, Broderick, Brooks, Brown (Richard), Burg, Cerny, Crisp, Cutler, Duenwald, Hagen, Hanson, Hennies, Kooistra, Michels, Pummel, Putnam, Sebert, Smidt, Waltman, and Wudel and Senators Benson, Brown (Arnold), Lange, Lawler, and Valandra

A CONCURRENT RESOLUTION,  Memorializing Congress to provide appropriate funding     and support for veterans' hospitals.

     WHEREAS,  at a time when the Cold War has been won and the draft has been replaced with an all-volunteer military, few Americans who have not actually suffered the loss of a husband, father, or son while defending their country during World War II, the Korean War, or Vietnam are likely to reflect upon or adequately appreciate the personal sacrifice that our country has demanded of its veterans; and

     WHEREAS,  at a time when many Americans believe that they are entitled to a broad spectrum of federal benefits merely by right of citizenship, they may forget that our veterans earned, many times over, each and every consideration that a grateful nation has ever extended to them in an inadequate attempt to partially compensate the enormous personal sacrifice that they made for the public weal; and
     WHEREAS,  at a time when many Americans are young, strong, and prosperous, it is easy to forget that our veterans of foreign wars gave their youth, their strength, and many financial opportunities to the defense of freedom and that many are now elderly, disabled, in ill health, or in financial difficulties; and

     WHEREAS,  at a time when the economy is robust and politicians are proposing elaborate plans for spending the budget surplus, it is appropriate to reflect that during the long years of budget deficits the Veterans' Administration bore its full share of budget restraints and that care and services at veterans' hospitals has not been able to keep pace with the health needs of our veterans despite the dedicated service of Veterans' Administration employees:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that Congress be urged to support our veterans hospitals at a level appropriate to the need and that the South Dakota congressional delegation be memorialized to ensure that the health and care of our veterans continues to be the national priority that it deserves to remain.

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

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Commerce on SB 97 as found on page 556 of the House Journal; also

     Education on SB 172 as found on page 557 of the House Journal; also

     Taxation on SB 8 as found on page 557 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Lucas moved that SB 172 be placed on the calendar of Monday, February 14th, the 25th legislative day.

     The question being on Rep. Lucas' motion that SB 172 be placed on the calendar of Monday, February 14th, the 25th legislative day.

     And the roll being called:


     Yeas 43, Nays 23, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Richter; Roe; Slaughter; Volesky; Waltman; Wilson; Speaker Hunt

     Nays were:
Brooks; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McNenny; Monroe; Napoli; Pummel; Sebert; Smidt; Sutton (Duane); Wudel; Young

     Excused were:
Solum; Sutton (Daniel); Weber; Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 172 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Cutler moved that SB 35, 37, 75, 78, 79, 84, 157, 167, 9, 94, 74, 11, 14, 151, and 52 be deferred until Monday, February 14th, the 25th legislative day.

     Which motion prevailed and the bills were so deferred.

     There being no objection, the House proceeded to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 27:   FOR AN ACT ENTITLED, An Act to   appropriate 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.

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

     SB 41:   FOR AN ACT ENTITLED, An Act to   authorize expenditures out of the water and environment fund, to amend the state water plan, and to declare an emergency.

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



     SB 63:   FOR AN ACT ENTITLED, An Act to   clarify that the locality in which a person is apprehended for underage possession or consumption of alcoholic beverages has jurisdiction over the offense.

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

     SB 141:   FOR AN ACT ENTITLED, An Act to   establish the South Dakota Corrections Committee and a monitor within the juvenile corrections system.

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

     SB 181:   FOR AN ACT ENTITLED, An Act to   award honorary high school diplomas to certain veterans of World War II.

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

     SB 182:   FOR AN ACT ENTITLED, An Act to   establish certain no-use zones on inundated lands and penalties for violating such zones.

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

     SB 196:   FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2000.

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

     SB 206:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding liability for the bank franchise tax.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1250:   FOR AN ACT ENTITLED, An Act to   provide for certain election or campaign finance reforms.

     Was read the second time.

     Speaker Pro tempore Eccarius now presiding.


     The question being "Shall HB 1250 pass as amended?"

     And the roll being called:

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

     Yeas were:
Clark; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Heineman; Jaspers; Juhnke; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Young

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

     Excused were:
Duniphan; Solum; Sutton (Daniel); Weber; Wetz

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

     HB 1235:   FOR AN ACT ENTITLED, An Act to   restrict the use of public property for political purposes.

     Was read the second time.

1235se

     Rep. Young moved that HB 1235 be amended as follows:

     On page 1 , line 5 of the House Local Government committee engrossed bill , delete " public employer " and insert " school district created by Title 13 " .

     On page 1 , line 7 , delete " or any committee. A public employer is the state, " and insert " . " .

     On page 1 , delete lines 8 to 10 , inclusive .

     Which motion lost.
1235sf

     Rep. Koskan moved that HB 1235 be amended as follows:

     On page 1 , line 7 of the House Local Government committee engrossed bill , after " . " insert " A school board may opt out of this Act by adopting a resolution to allow the use of property, equipment, facilities, or resources. " .
     Which motion prevailed and HB 1235 was so amended.

     The question being "Shall HB 1235 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 36, Excused 6, Absent and Not Voting 0

     Yeas were:
Brooks; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Heineman; Juhnke; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Napoli; Pummel; Sebert; Slaughter; Smidt; Sutton (Duane); Young

     Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Klaudt; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Richter; Roe; Volesky; Waltman; Wilson; Wudel; Speaker Hunt

     Excused were:
Clark; Duniphan; Solum; Sutton (Daniel); Weber; Wetz

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

     HB 1261:   FOR AN ACT ENTITLED, An Act to   permit schools to display the Ten Commandments.

     Was read the second time.

1261fa

     Rep. Volesky moved that HB 1261 be amended as follows:

     On page 1 , line 3 of the House State Affairs committee engrossed bill , after " Commandments " insert " and the Two Great Commandments found in St. Matthew, chapter 22, verses 37 and 39 " .

     On page 1 , line 8 , after " Commandments " insert " and the Two Great Commandments " .

     Which motion lost.

     Rep. Hagen moved the previous question.

     Which motion prevailed.


     The question being "Shall HB 1261 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 19, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Wudel; Young; Speaker Hunt

     Nays were:
Burg; Cerny; Clark; Cutler; Engbrecht; Haley; Hanson; Koehn; Konold; Kooistra; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Richter; Wilson

     Excused were:
Duniphan; Solum; Sutton (Daniel); Weber; Wetz

     Absent and Not Voting were:
Fiegen

     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 1310:   FOR AN ACT ENTITLED, An Act to   provide for a minimum teacher salary schedule.

     Was read the second time.

1310dd

     Rep. Richard Brown moved that HB 1310 be amended as follows:

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

"      Section  1.  Effective July 1, 2001, each school district shall adopt a teacher salary schedule that provides that the base salary for a first year teacher with a Bachelor's degree is twenty-three thousand two hundred dollars ($23,200) and that the base salary for a first year teacher with a Master's degree is twenty-six thousand four hundred dollars ($26,400). The salary schedule shall also provide for steps for years of experience and other intermediate steps for education between the Bachelor's degree and Master's degree.

     Section  2.  That § 13-13.-10.1 be amended to read as follows:


     13-13-10.1.   Terms used in this chapter mean:

             (1)      "General enrollment average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to §  13-28-42 and plus the average number of pupils for whom the district pays tuition, except pupils for whom the district pays tuition pursuant to §  13-28-42;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows:

             (a)      For districts with a general enrollment average daily membership of two hundred or less, multiply 1.2 times the general enrollment average daily membership;

             (b)      For districts with a general enrollment average daily membership of less than six hundred, but greater than two hundred, raise the general enrollment average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with a general enrollment average daily membership of six hundred or more, multiply 1.0 times their general enrollment average daily membership;

             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less plus the enrollment adjustment;

             (3A)    "Enrollment adjustment," is the negative of the annual percent change in the statewide general enrollment average daily membership for the year before the year immediately preceding the year of adjustment. However, the enrollment adjustment may not be less than zero ;

             (4)      "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student

allocation shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per student allocation shall be the previous fiscal year's per student allocation increased by the index factor;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to §  10-12-42.

     Section  3.  The Department of Education and Cultural Affairs shall withhold each school district's increase in state aid to education resulting from the enrollment adjustment.

     Section  4.  The Department of Education and Cultural Affairs shall pay each school district an amount of money equal to its pro rate share of the increase in the school district's budget mandated by this Act out of funds withheld as provided in section 3 of this Act.

     Section  5.  The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 to determine the increase in school district budgets mandated by this Act and to provide for payments to school districts as provided in this Act. "


    A roll call vote was requested and supported.

     The question being on Rep. Richard Brown's motion that HB 1310 be amended.

     And the roll being called:

     Yeas 27, Nays 35, Excused 7, Absent and Not Voting 1

     Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Chicoine; Crisp; Davis; Engbrecht; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Richter; Roe; Slaughter; Volesky; Waltman; Wilson

     Nays were:
Apa; Broderick; Brooks; Cerny; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Heineman; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Sebert; Smidt; Sutton (Duane); Speaker Hunt

     Excused were:
Duniphan; Solum; Sutton (Daniel); Weber; Wetz; Wudel; Young

     Absent and Not Voting were:
Koehn


     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 1310 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 37, Excused 6, Absent and Not Voting 1

     Yeas were:
Brown (Richard); Burg; Cerny; Cutler; Derby; Earley; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Jaspers; Juhnke; Klaudt; Koetzle; Michels; Peterson; Pummel; Richter; Volesky; Waltman; Wilson

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Chicoine; Clark; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Hagen; Hennies; Kazmerzak; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Speaker Hunt

     Excused were:
Duniphan; Solum; Sutton (Daniel); Weber; Wetz; Young

     Absent and Not Voting were:
Koehn

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

     HB 1005:   FOR AN ACT ENTITLED, An Act to   use agricultural income value to determine the value of agricultural land and to conduct a pilot study on agricultural income value.

     Was read the second time.

1005ff

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

     On page 7 , delete lines 23 and 24 of the House Taxation committee engrossed bill , and insert:

"     Section 21. Sections 1 to 22, inclusive, of this Act are effective for the nine counties listed in section 22 of this Act for the purposes of the pilot study only and not for actual assessment and taxation of individual property. "


     On page 8 , line 8 , delete " Executive Board of the Legislative Research Council " and insert " Task Force on the Study of Productivity Valuation of Agricultural Land " .

     On page 8 , line 9 , delete everything after "2001." and insert " The Governor shall appoint nine members to the Task Force on the Study of Productivity Valuation of Agricultural Land, three of whom shall be members of the Legislature, three of whom shall be either county commissioners or county directors of equalization or any combination thereof, and three members who shall be appointed from the public at large. The task force, after receipt of the pilot study, shall study the effects including the capitalization rate, preventing a tax shift between agricultural and nonagricultural property, and evaluate the procedures used to determine agricultural income values, preventing tax shifts within agricultural property and make recommendations by October 1, 2001, to the Governor and the Seventy-seventh Legislature regarding implementation. "

     On page 8 , delete lines 10 to 12 , inclusive .

     Which motion prevailed and HB 1005 was so amended.

    Speaker Hunt now presiding.


     The question being "Shall HB 1005 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 4, Excused 10, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt; Sutton (Duane); Waltman; Wudel; Speaker Hunt

     Nays were:
Crisp; Konold; Kooistra; Sebert

     Excused were:
Brown (Jarvis); Clark; Cutler; Duniphan; Solum; Sutton (Daniel); Volesky; Weber; Wetz; Young

     Absent and Not Voting were:
Koehn; Koetzle; Wilson

     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. Lintz moved that the title to HB 1005 be amended as follows:

     On page 1 , line 1 of the printed bill , delete " use agricultural income value to determine the value of " .

     On page 1 , line 2 , delete " agricultural land and to " .

     On page 1 , line 2 , after " value " insert " and to create a task force " .

     Which motion prevailed and the title was so amended.

     HB 1006:   FOR AN ACT ENTITLED, An Act to   appropriate money for a pilot study concerning the use of agricultural income value as a means to value agricultural land and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1006 pass?"

     And the roll being called:

     Yeas 58, Nays 2, Excused 8, Absent and Not Voting 2

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

     Nays were:
Konold; Sebert

     Excused were:
Cutler; Duniphan; Solum; Sutton (Daniel); Volesky; Weber; Wetz; Young

     Absent and Not Voting were:
Haley; Koehn

     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 1301:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to meandered and unmeandered lakes.

     Was read the second time.
1301rg

     Rep. Jaspers moved that HB 1301 be amended as follows:

     On page 1 , line 14 of the House Agriculture and Natural Resources committee engrossed bill , after " right " insert " of access " .

     On page 1 , line 14 , delete " or interest in " .

     On page 1 , line 14 , after " lake " insert " that does not have an ordinary high water mark established by the Water Management Board " .

     On page 1 , line 14 , after " stream " insert " that does not have an ordinary high water mark established by the Water Management Board " .

     On page 1 , delete line 15 .

     On page 2 , delete line 1 .

     On page 3 , after line 9 , insert:

"     Section 7. Nothing in this Act may be deemed to restrict the authority of the State of South Dakota or its political subdivisions to enforce any statute or rule. "


     Which motion prevailed and HB 1301 was so amended.
1301ta

     Rep. Jaspers moved that HB 1301 be further amended as follows:

     On page 3 , after line 9 of the House Agriculture and Natural Resources committee engrossed bill , insert:

"      Section 7. That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of § 43-17-29, no person has a right of access through a public road right-of-way to any unmeandered lake lying over private property under one ownership which contains less than eighty surface acres of water. This section does not prohibit hunting, fishing, or trapping activities in the public road right-of-way unless otherwise prohibited by law. A violation of this section is a Class 2 misdemeanor. "


     Which motion prevailed and HB 1301 was so amended.


     The question being "Shall HB 1301 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 31, Excused 7, Absent and Not Voting 0

     Yeas were:
Brooks; Burg; Cerny; Clark; Cutler; Derby; Duenwald; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Hagen; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koskan; Lintz; Lockner; McCoy; McNenny; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Waltman; Wudel

     Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Earley; Fischer-Clemens; Garnos; Haley; Hennies; Koetzle; Konold; Kooistra; Lucas; McIntyre; Michels; Monroe; Napoli; Peterson; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wilson; Speaker Hunt

     Excused were:
Duniphan; Solum; Sutton (Daniel); Volesky; Weber; Wetz; Young

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

     Rep. Jaspers announced his intention to reconsider the vote by which HB 1301 was lost.

     HB 1125:   FOR AN ACT ENTITLED, An Act to   appropriate money for certain programs at the School for the Deaf.

     Was read the second time.

     Rep. Richter moved that HB 1125 be deferred until the 36th legislative day.

     The question being on Rep. Richter's motion that HB 1125 be deferred until the 36th legislative day.

     And the roll being called:


     Yeas 51, Nays 12, Excused 7, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Heineman; Hennies; Jaspers; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wilson; Wudel; Speaker Hunt

     Nays were:
Cerny; Davis; Fiegen; Hanson; Juhnke; Koetzle; Lockner; Lucas; McCoy; Nachtigal; Patterson; Waltman

     Excused were:
Duniphan; Solum; Sutton (Daniel); Volesky; Weber; Wetz; Young

     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 1244:   FOR AN ACT ENTITLED, An Act to   appropriate money for the children of alumni scholarships program.

     Was read the second time.

     The question being "Shall HB 1244 pass?"

     And the roll being called:

     Yeas 47, Nays 16, Excused 7, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Waltman; Wilson

     Nays were:
Brooks; Cerny; Diedtrich (Elmer); Duenwald; Fiegen; Fryslie; Hagen; Koetzle; Koskan; McNenny; Monroe; Putnam; Richter; Sutton (Duane); Wudel; Speaker Hunt

     Excused were:
Duniphan; Solum; Sutton (Daniel); Volesky; Weber; Wetz; 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. Jaspers moved that the House do now reconsider the vote by which HB 1301 was lost.

     The question being on Rep. Jaspers' motion that the House do now reconsider the vote by which HB 1301 was lost.

     And the roll being called:

     Yeas 39, Nays 24, Excused 7, Absent and Not Voting 0

     Yeas were:
Brooks; Burg; Cerny; Clark; Cutler; Derby; Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Wilson; Wudel; Speaker Hunt

     Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; Diedrich (Larry); Fischer-Clemens; Hagen; Haley; Hennies; Koehn; Koetzle; Konold; Kooistra; Lucas; Patterson; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Waltman

     Excused were:
Duniphan; Solum; Sutton (Daniel); Volesky; Weber; Wetz; Young

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1301 was up for reconsideration and final passage.

     HB 1301:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to meandered and unmeandered lakes.

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

1301x

     Rep. Jaspers moved that HB 1301 be amended as follows:

     On page 2 , delete lines 2 to 7 of the House Agriculture and Natural Resources committee engrossed bill , inclusive .

     Which motion prevailed and HB 1301 was so amended.

     The question being "Shall HB 1301 pass as amended?"

     And the roll being called:


     Yeas 38, Nays 24, Excused 8, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Cerny; Chicoine; Clark; Cutler; Derby; Diedtrich (Elmer); Duenwald; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Hagen; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Waltman; Wilson; Wudel; Speaker Hunt

     Nays were:
Apa; Broderick; Brown (Richard); Burg; Crisp; Davis; Diedrich (Larry); Earley; Fischer- Clemens; Garnos; Haley; Hennies; Koetzle; Konold; Kooistra; Lucas; McIntyre; Napoli; Peterson; Richter; Roe; Sebert; Slaughter; Sutton (Duane)

     Excused were:
Duniphan; Smidt; Solum; Sutton (Daniel); Volesky; Weber; Wetz; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Putnam moved that SB 21, 1, 34, 33, 17, 19, 6, 48, 61, 62, 111, 117, 140, 153, 178, 28, 59, 71, 191, 45, 7, 103, 15, 16, 190, and 56 be deferred until Monday, February 14th, the 25th 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 Office of Engrossing and Enrolling has carefully compared HB 1004, 1046, 1071, 1128, and 1169 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 and revise certain provisions concerning the annual assessment of property.

     HB 1046: FOR AN ACT ENTITLED, An Act to  revise the benefit plans that are exempt from execution, attachment, garnishment, seizure, or taking by any legal process.

     HB 1071: FOR AN ACT ENTITLED, An Act to  provide for the disposition of certain abandoned, lost, or confiscated bicycles.

     HB 1128: FOR AN ACT ENTITLED, An Act to  revise certain bylaw and quorum provisions regarding cooperatives.

     HB 1169: FOR AN ACT ENTITLED, An Act to  revise the length of time during which a county board of equalization may hear assessed valuation appeals.

     SB 13: FOR AN ACT ENTITLED, An Act to  revise the procedure to adopt administrative rules.

     SB 146: FOR AN ACT ENTITLED, An Act to  revise certain provisions of the Uniform Probate Code relating to the annual accounting of the conservator.

     SB 147: FOR AN ACT ENTITLED, An Act to  revise the Uniform Probate Code with regard to the duties of the court representative.

     SB 149: FOR AN ACT ENTITLED, An Act to  revise the Uniform Probate Code pertaining to the duties of the personal representative in closing the estate.

     SB 174: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the administration of trusts and estates.

     And signed the same in the presence of the House.

     Rep. Broderick moved that the House do now adjourn, which motion prevailed, and at 4:25 p.m. the House adjourned.

Karen Gerdes, Chief Clerk