JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 22, 2000

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

     The prayer was offered by the Chaplain, Vicar Corey Rajek, followed by the Pledge of Allegiance led by House page Merideth Pangburn.

     Roll Call: All members present except Reps. Patterson and Solum 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-ninth 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.
COMMUNICATIONS AND PETITIONS


February 18, 2000



Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved HB 1004, 1015, 1022, 1025, 1040, 1046, 1048, 1059, 1113, 1116, 1123, 1128, 1140, 1169, 1188, 1190, 1192, 1195, 1198, 1199, 1204, and 1278, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow


February 18, 2000

The Honorable Roger Hunt
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Hunt and Members of the House:

I herewith return House Bill 1031 with the following recommendations as to STYLE and FORM.

House Bill 1031 is, An Act to allow certain driver education courses from other states to be used to meet the requirements for a restricted minor's permit.

The problematic phrase is in bold type in the second sentence of Section 1 of HB 1031, which reads as follows:

            For any such minor who has successfully completed a driver education course that has been approved by the Department of Education and Cultural Affairs or that the secretary of commerce and regulation has determined the said course has been approved by a state government agency in another state, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days.

This bill is intended to allow minors trained to drive in other states to have that training recognized in South Dakota. However, because of the sentence construction, the placement of the words "said course" indicates the South Dakota driver education course should be approved by a state government agency in another state. Which state or governmental agency is to give this approval is not stated.

To avoid this interpretation and to properly state the intent of the Legislature with respect to this bill, I suggest the second sentence of Section 1 should read as follows:


            For any such minor who has successfully completed a driver education course that has been approved by the Department of Education and Cultural Affairs or a driver education course that the secretary of commerce and regulation has determined has been approved by a state government agency in another state, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days.

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 196 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1 , delete lines 14 and 15 of the Senate Appropriations committee engrossed bill .

     On page 2 , line 4 , delete " This " and insert " Section 1 of this " .

     On page 2 , after line 4 , insert:

"      Section 3. The tobacco prevention and reduction trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Any money from gifts, grants, or other funds may be deposited in the fund. The principal and interest may be appropriated from the fund. The fund shall be invested according to § §  4-5-23 and 4-5-26.

     Section 4. Interest earned on money received from the Master Settlement Agreement signed November 23, 1998, by the attorneys general of several states and by various tobacco companies shall be deposited in the tobacco prevention and reduction trust fund. This section is repealed when three million dollars of interest earnings has been deposited in the tobacco prevention and reduction trust fund or on July 1, 2001.

     Section 5. Money in the tobacco prevention and reduction trust fund shall be used for tobacco use prevention and cessation programs and grants as follows:


             (1)    Community based programs;

             (2)    School based programs;

             (3)    State-wide programs;

             (4)    Cessation programs;

             (5)    Public education and counter marketing;

             (6)    Enforcement of effective tobacco laws;

             (7)    Evaluation of tobacco programs; and

             (8)    Administration and oversight.

     Section 6. There is created an eleven member Tobacco Prevention and Reduction Trust Fund Advisory Board. The Governor shall appoint six members to the board, the Speaker of the House of Representatives shall appoint three members to the board, and the President Pro Tempore of the Senate shall appoint two members to the board. The terms of the initial appointments shall be: four members appointed to a one year term, four members appointed to a two year term, and three members appointed to a three year term. All subsequent appointments shall be for a three year term. Any member appointed to fill a vacancy other than the natural expiration of a term shall serve for only the unexpired portion of the term. No member of the board may be affiliated with the tobacco industry. The board shall meet at least two times per year.

     Section 7. The Tobacco Prevention and Reduction Trust Fund Advisory Board, in collaboration with the Department of Human Services, shall develop and approve a state-wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under section 5 of this Act may be appropriately evaluated. The board shall be responsible for establishing program priorities, criteria for awarding grants, and assessing overall program performance.

     Section 8. The Tobacco Prevention and Reduction Trust Fund Advisory Board shall submit an annual report to the Governor and the Legislature. The annual report shall detail the progress toward meeting program goals and objectives, including reporting on changes in tobacco consumption, tobacco use rates and attitudes towards tobacco, especially among children and other high risk populations.

     Section 9. There is hereby appropriated from the tobacco prevention and reduction trust fund the sum of three million dollars ($3,000,000), or so much thereof as may be necessary, to the Department of Human Services to implement a comprehensive tobacco prevention and cessation program.

     Section 10. The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 9 of this Act.


     Section 11. Any amounts appropriated in section 9 of this Act not lawfully expended or obligated by June 30, 2001, shall revert in accordance with §  4-8-21. "

196db

     On page 1 , between lines 10 and 11 of the Senate Appropriations committee engrossed bill , insert:

" DEPARTMENT OF TOURISM
    Tourism
        Operating Expenses, delete the first "$0" and insert "$500,000". "


     On page 1 , line 13 , delete " $1,626,355 " and insert " $1,126,355 " .

     On page 1 , delete lines 14 to 16 , inclusive , and insert:

" BOARD OF REGENTS
    Regents Central Office
        Operating expenses, delete "$2,446,360" and insert "$7,446,360". "


     On page 2 , delete lines 1 and 2 .

     On page 2 , between lines 3 and 4 , insert:

"     Section 2. Any general funds appropriated by this Act which are unspent at the end of fiscal year 2000 shall be carried over to fiscal year 2001. "


196bta

     On page 1 , line 2 of the Senate Appropriations committee engrossed bill , after " 2000 " insert " and to create a tobacco prevention and cessation program and trust fund and to make an appropriation therefor " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill be amended as follows:

41bb

     On page 2 , after line 25 of the printed bill , insert:

"      Section 6. There is hereby appropriated from the South Dakota water and environment fund established pursuant to §  46A-1-60, the sum of forty thousand dollars ($40,000), or so much thereof as may be necessary, to the South Dakota Conservancy District for the purpose of

providing a loan to local project sponsors to be used to implement the Lake Andes Wagner Irrigation Project authorized in §  46A-1-13.6. Funds shall be provided according to terms and conditions established by the Board of Water and Natural Resources. "


     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 18 which was tabled.


Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Richard “Dick” E. Brown, Chair

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HCR 1019 and tables the same.


Respectfully submitted,
J.P. Duniphan, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HCR 1006 and 1012 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1053, 1073, 1179, 1197, 1213, and 1247 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1133, 1139, and 1200 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 8 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1016:   A CONCURRENT RESOLUTION,   Supporting the amendment of federal laws and regulations to encourage biological processing as a form of value-added agricultural development.
    
    Rep. Elmer Diedtrich moved that HCR 1016 as found on page 668 and amended on page 718 of the House Journal be adopted.

     The question being on Rep. Elmer Diedtrich's motion that HCR 1016 be adopted as amended.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; 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; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Fiegen

     Excused were:
Patterson; Putnam; Richter; Solum

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1016 was adopted.

     HCR 1018:   A CONCURRENT RESOLUTION,   Urging the United States Congress to fully implement tax, regulatory, risk management, and trade policy reform to allow the Freedom to Farm Act to perform as intended.

     Rep. Koskan moved that HCR 1018 be deferred until Wednesday, February 23rd, the 31st legislative day.

     Which motion prevailed and the resolution was so deferred.

     Rep. Michels moved that the House do concur in Senate amendments to HB 1156.

     The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1156.

     And the roll being called:

     Yeas 58, Nays 8, Excused 3, Absent and Not Voting 1

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

     Nays were:
Fischer-Clemens; Haley; Kazmerzak; Koetzle; Lucas; Nachtigal; Sutton (Daniel); Waltman

     Excused were:
Patterson; Richter; Solum

     Absent and Not Voting were:
Lintz

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

     Rep. Young moved that the House do concur in Senate amendments to HB 1212.

     The question being on Rep. Young's motion that the House do concur in Senate amendments to HB 1212.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; 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; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Koetzle

     Excused were:
Konold; Patterson; Richter; Solum

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

     Rep. Putnam moved that the House do concur in Senate amendments to HB 1280.

     The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1280.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; 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; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Napoli

     Excused were:
Konold; Patterson; Richter; Solum

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

     SCR 6:   A CONCURRENT RESOLUTION,   Urging the establishment of the Lewis and Clark Bicentennial Commemoration Commission.

     Rep. Donald Munson moved that SCR 6 be deferred until Wednesday, February 23rd, the 31st legislative day.

     Which motion prevailed and the resolution was so deferred.

     SCR 8:   A CONCURRENT RESOLUTION,   Requesting that railroad cars operating in the state be reflectorized.

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

     Rep. Monroe moved that the Committee on Retirement Laws be instructed to deliver SB 18 to the floor of the House, pursuant to Joint Rule 7-7.

     The question being on Rep. Monroe's motion that the Committee on Retirement Laws be instructed to deliver SB 18 to the floor of the House, pursuant to Joint Rule 7-7.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 26, Nays 39, Excused 4, Absent and Not Voting 1

     Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Davis; Duenwald; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Napoli; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Broderick; Brooks; Brown (Jarvis); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Munson (Donald); Peterson; Pummel; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Apa; Michels; Patterson; Solum

     Absent and Not Voting were:
Putnam

     So the motion having received an affirmative vote of a one-third majority of the members- elect, the Speaker declared the motion carried and the committee was so instructed.

     Rep. Larry Diedrich rose to a point of order that SB 18 was in the Committee on Appropriations.

    The Speaker announced that a motion to smoke out SB 18 from the Committee on Appropriations would now be in order.

    Rep. Monroe moved that the Committee on Appropriations be instructed to deliver SB 18 to the floor of the House, pursuant to Joint Rule 7-7.

     The question being on Rep. Monroe's motion that the Committee on Appropriations be instructed to deliver SB 18 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

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

     Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Napoli; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

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

     Excused were:
Michels; Patterson; Solum

     So the motion having received an affirmative vote of a one-third majority of the members- elect, the Speaker declared the motion carried and the committee was so instructed.

    
     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, February 23rd, the 31st legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Transportation on SB 93 as found on pages 742 and 743 of the House Journal; also

     Health and Human Services on SB 124 as found on pages 743 to 746 of the House Journal; also

     State Affairs on SB 108 as found on page 746 of the House Journal; also

     State Affairs on SB 141 as found on pages 746 to 748 of the House Journal; also

     State Affairs on HCR 1014 as found on page 748 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Weber moved that the word "not" be stricken from the report of the Committee on Agriculture and Natural Resources on HCR 1015 as found on page 630 and amended on page 742 of the House Journal and that HCR 1015 be placed on the calendar of Wednesday, February 23rd, the 31st legislative day.

     The question being on Rep. Weber's motion that the word "not" be stricken from the report of the Committee on Agriculture and Natural Resources on HCR 1015 as found on page 630 and amended on page 742 of the House Journal and that HCR 1015 be placed on the calendar of Wednesday, February 23rd, the 31st legislative day.

     And the roll being called:

     Yeas 28, Nays 39, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Cerny; Clark; Crisp; Cutler; Davis; Diedtrich (Elmer); Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Napoli; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McNenny; Monroe; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Michels; Patterson; Solum

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

     Rep. Fischer-Clemens moved that the word "not" be stricken from the report of the Committee on Taxation on SB 69 as found on page 762 of the House Journal and that SB 69 be placed on today's calendar.

     The question being on Rep. Fischer-Clemens' motion that the word "not" be stricken from the report of the Committee on Taxation on SB 69 as found on page 762 of the House Journal and that SB 69 be placed on today's calendar.

     And the roll being called:

     Yeas 38, Nays 29, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedtrich (Elmer); Duniphan; Engbrecht; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Roe; Sebert; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Young

     Nays were:
Brooks; Clark; Cutler; Diedrich (Larry); Duenwald; Earley; Eccarius; Fiegen; Fitzgerald; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koskan; Lintz; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Smidt; Sutton (Duane); Wudel; Speaker Hunt

     Excused were:
Michels; Patterson; Solum

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the word "not" was stricken and SB 69 was placed on today's calendar.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1288 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 104 and 136.

Respectfully,
Patricia Adam, Secretary

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SJR 1:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to permit the investment of the permanent school funds in certain stocks, bonds, mutual funds, and other financial instruments and to use a certain portion of the interest and income to increase the principal in the fund.

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

j1ta

     Rep. Haley moved that SJR 1 be amended as follows:

     On page 1 , line 9 of the printed resolution , after " Article VIII " insert " and the following amendment to Article XII " .

     On page 1 , line 10 , delete " and 6 " and insert " 6, and 7 " .

     On page 4 , after line 2 , insert:

"      Section 7. That Article XII of the Constitution of the State of South Dakota be amended by adopting a NEW SECTION to read as follows:


     §  5. The tobacco settlement trust fund is established in the state treasury. Any money received from the master settlement agreement signed on November 23, 1998, by attorneys general from several states and various tobacco companies shall be deposited in the tobacco settlement trust fund. The principal in the trust fund may not be diverted by legislative enactment. The fund shall be invested by the state investment council in stocks, bonds, mutual funds, and other financial instruments as provided by law. Interest and income earned on money in the fund shall be deposited in state general fund for appropriations by the Legislature. However, before the interest and income is deposited in the state general fund, the principal shall be increased each year by an amount equal to the rate of inflation. "

     Rep. Hennies rose to a point of order that pursuant to Joint Rule 6E-1, Rep. Haley's amendment was not germane to the title.

     Pursuant to Article 3, Section 21, the Speaker ruled Rep. Haley's motion out of order.

     The question being "Shall SJR 1 pass?"

     And the roll being called:

     Yeas 60, Nays 6, Excused 3, Absent and Not Voting 1

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

     Nays were:
Duenwald; Fryslie; Klaudt; Koehn; McNenny; Napoli

     Excused were:
Michels; Patterson; Solum

     Absent and Not Voting were:
Pummel

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1174 was lost on second reading and final passage.

Respectfully,
Patricia Adam, Secretary

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

     SB 138:   FOR AN ACT ENTITLED, An Act to   prohibit the use of motor vehicles for hunting, fishing, or trapping purposes on certain school and public lands.

     Was read the second time.

138tg

     Rep. Waltman moved that SB 138 be amended as follows:

     On page 1 , delete lines 6 to 16 of the House Agriculture and Natural Resources committee engrossed bill , inclusive , and insert:

"     No person may hunt in a motor vehicle, as defined in subdivision 41-1-1(18), on any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized, except as authorized by § 41-8-37. The prohibitions contained in this section restrict the use of motor vehicles to established roads, trails compacted to mineral soil, or parking areas. However, nothing in this section prohibits using a motor vehicle on or over land under the control of the commissioner of school and public lands for normal lease activities by the lessee or for animal damage control activities. A violation of this section is a Class 2 misdemeanor. "


     On page 2 , delete lines 1 to 4 , inclusive .

    A roll call vote was requested and supported.

     The question being on Rep. Waltman's motion that SB 138 be amended.
    
    And the roll being called:
     Yeas 33, Nays 33, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Michels; Richter; Roe; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson

     Nays were:
Broderick; Brooks; Brown (Jarvis); Clark; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Fitzgerald; Fryslie; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Sebert; Weber; Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Derby; Patterson; Solum

     Absent and Not Voting were:
Nachtigal

     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 SB 138 pass as amended?"

     And the roll being called:

     Yeas 40, Nays 27, Excused 3, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Diedrich (Larry); Duenwald; Earley; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Koskan; Lintz; Lockner; McCoy; McNenny; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam; Sebert; Weber; Wetz; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Burg; Cerny; Chicoine; Crisp; Davis; Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Haley; Hennies; Kooistra; Lucas; McIntyre; Michels; Munson (Donald); Richter; Roe; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson

     Excused were:
Derby; Patterson; Solum

     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.


     SB 109:   FOR AN ACT ENTITLED, An Act to   revise the time requirement for the purchase of temporary permits associated with certain specialty license plates and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 109 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 2, Excused 5, Absent and Not Voting 3

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

     Nays were:
Monroe; Waltman

     Excused were:
Derby; Haley; Koetzle; Patterson; Solum

     Absent and Not Voting were:
Brown (Richard); Crisp; Konold

     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.

     Speaker Pro tempore Eccarius now presiding.

     SB 197:   FOR AN ACT ENTITLED, An Act to   create a statewide underground tank cleanup program.

     Was read the second time.

197fa

     Rep. Napoli moved that SB 197 be amended as follows:

     On page 2 , line 7 of the Senate State Affairs committee engrossed bill , after " . " insert " However, the secretary of environment and natural resources may provide coverage to any owner or person under the program provided by this Act, if the owner or person having legal

custody of a site, upon a determination by the Department of Environment and Natural Resources, is not financially able to participate in the petroleum release compensation program and the site is or has been in service since April 1, 1988. " .


     Which motion prevailed and SB 197 was so amended.

197ta

     Rep. Waltman moved that SB 197 be further amended as follows:

     On page 2 , line 23 of the Senate State Affairs committee engrossed bill , delete " ten thousand " and insert " two thousand five hundred " .

     Which motion lost.

     The question being "Shall SB 197 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent and Not Voting 0

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

     Nays were:
Koetzle; Monroe

     Excused were:
Derby; Hagen; Patterson; Solum

     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.

     SB 161:   FOR AN ACT ENTITLED, An Act to   restrict the legal responsibility to provide financial support for certain family members.

     Was read the second time.

     The question being "Shall SB 161 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Derby; Patterson; Solum

     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.

     SB 195:   FOR AN ACT ENTITLED, An Act to   prohibit or restrict certain acts in relation to human embryos.

     Was read the second time.

     Rep. Elmer Diedtrich moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 195 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 14, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Clark; Cutler; Engbrecht; Fiegen; Fischer-Clemens; Hagen; Haley; Hennies; Koehn; Lockner; McIntyre; Nachtigal; Richter; Sutton (Duane)

     Excused were:
Crisp; Derby; Patterson; Solum

     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.

     SB 60:   FOR AN ACT ENTITLED, An Act to   revise the provisions for motorcycle instruction permits and to provide for the issuance of restricted motorcycle minor's permits.

     Was read the second time.

     The question being "Shall SB 60 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 0, Excused 7, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Napoli; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Excused were:
Derby; Koetzle; McNenny; Patterson; Peterson; Solum; Young

     Absent and Not Voting were:
Kooistra; Monroe

     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.

     SB 169:   FOR AN ACT ENTITLED, An Act to   revise the provisions limiting the number of retail alcohol licenses that may be issued to one person.

     Was read the second time.

     The question being "Shall SB 169 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 30, Excused 7, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; McIntyre; Michels; Monroe; Munson (Donald); Napoli; Pummel; Richter; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz

     Nays were:
Apa; Broderick; Burg; Cerny; Chicoine; Crisp; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; Nachtigal; Putnam; Smidt; Weber; Wilson; Wudel; Speaker Hunt

     Excused were:
Derby; Koetzle; McNenny; Patterson; Peterson; Solum; Young

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

     Rep. Earley announced his intention to reconsider the vote by which SB 169 was lost.

     SB 5:   FOR AN ACT ENTITLED, An Act to   require certain reforms of health benefit plans issued before July 1, 1996.

     Was read the second time.

     Rep. Jaspers moved that SB 5 be placed to follow SB 69 on today's calendar.

     Which motion prevailed and the bill was so placed.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 18 and returns the same without recommendation.

Respectfully submitted,
Mitch Richter, Chair
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1184, 1239, and 1282 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1058 and 1272 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Patricia Adam, Secretary

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

     SB 70:   FOR AN ACT ENTITLED, An Act to   provide for the assessment of a higher fee for a vehicle dealer license permit purchased beyond the five-day requirement.

     Was read the second time.

     The question being "Shall SB 70 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 7, Excused 6, Absent and Not Voting 1

     Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Speaker Hunt

     Nays were:
Fryslie; Koehn; Koetzle; Lintz; McNenny; Pummel; Wilson

     Excused were:
Derby; Duenwald; Patterson; Solum; Wudel; Young

     Absent and Not Voting were:
Broderick

     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.

     SB 77:   FOR AN ACT ENTITLED, An Act to   regulate a manufacturer's right of first refusal.

     Was read the second time.

     The question being "Shall SB 77 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young

     Nays were:
Michels; Speaker Hunt

     Excused were:
Derby; Patterson; Solum; Wudel

     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.

     SB 90:   FOR AN ACT ENTITLED, An Act to   establish license requirements for well pump installers and well repairers.

     Was read the second time.

     Rep. Waltman moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 90 pass?"

     And the roll being called:

     Yeas 24, Nays 41, Excused 5, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Richard); Burg; Cerny; Crisp; Davis; Fischer-Clemens; Haley; Hennies; Kazmerzak; Koetzle; Konold; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Roe; Sebert; Smidt; Sutton (Daniel); Volesky; Wilson

     Nays were:
Brown (Jarvis); Chicoine; Clark; Cutler; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Jaspers; Juhnke; Klaudt; Koehn; Kooistra; Koskan; Lintz; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Slaughter; Sutton (Duane); Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Apa; Derby; Diedrich (Larry); Patterson; Solum

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

     Rep. Fiegen announced her intention to reconsider the vote by which SB 90 was lost.


     Rep. Earley moved that the House do now reconsider the vote by which SB 169 was lost.

     The question being on Rep. Earley's motion to reconsider the vote by which SB 169 was lost.

     And the roll being called:

     Yeas 41, Nays 25, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fryslie; Garnos; Hagen; Heineman; Hennies; Jaspers; Juhnke; Koetzle; Konold; Kooistra; Koskan; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Young

     Nays were:
Apa; Burg; Cerny; Chicoine; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Lintz; Lockner; Lucas; McCoy; Nachtigal; Sebert; Smidt; Weber; Wilson; Wudel; Speaker Hunt


     Excused were:
Derby; Diedrich (Larry); Patterson; Solum

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 169 was up for reconsideration and final passage.

     SB 169:   FOR AN ACT ENTITLED, An Act to   revise the provisions limiting the number of retail alcohol licenses that may be issued to one person.

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

     The question being "Shall SB 169 pass as amended?"

     And the roll being called:

     Yeas 40, Nays 26, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Diedtrich (Elmer); Duniphan; Earley; Fryslie; Garnos; Hagen; Heineman; Hennies; Jaspers; Juhnke; Koetzle; Konold; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Young

     Nays were:
Apa; Burg; Cerny; Chicoine; Duenwald; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; Nachtigal; Smidt; Weber; Wudel; Speaker Hunt

     Excused were:
Derby; Diedrich (Larry); Patterson; Solum

     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. Cutler moved that SB 165, 23, 182, 73, 69, and 5 be deferred until Wednesday, February 23rd, the 31st legislative day.

     Which motion prevailed and the bills were so deferred.

     Earlier today, Rep. Fiegen announced her intention to reconsider the vote by which SB 90 was lost.

     No member moved to reconsider the vote by which SB 90 was lost.


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1053, 1073, 1111, 1165, 1179, 1197, 1213, 1247, and 1277 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1010, 1029, 1037, 1055, 1064, 1065, 1068, 1092, 1108, 1109, 1110, 1112, 1138, 1146, 1149, 1154, 1167, 1171, 1175, 1187, 1191, 1202, 1203, 1205, 1210, 1214, 1224, 1229, 1238, 1256, 1260, 1279, 1296, 1300, 1306, 1309, and 1315 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 22, 2000.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1023, 1026, 1028, 1095, 1101, 1193, 1194, and 1293 were delivered to his Excellency, the Governor, for his approval at 3:45 p.m., February 22, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1053: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the practice of optometry.

     HB 1073: FOR AN ACT ENTITLED, An Act to  permit assessments based on benefits.

     HB 1111: FOR AN ACT ENTITLED, An Act to  prohibit an adult from purchasing alcoholic beverages for anyone under the age of twenty-one and to establish a penalty.
    
    HB 1165: FOR AN ACT ENTITLED, An Act to  revise the elements of the crime of bigamy.

     HB 1179: FOR AN ACT ENTITLED, An Act to  revise the rate of interest on property tax certificates and delinquent taxes.

     HB 1197: FOR AN ACT ENTITLED, An Act to  exempt mentally retarded persons from the death penalty and to provide for a determination of mental retardation in such cases.

     HB 1213: FOR AN ACT ENTITLED, An Act to  provide for an appeal of valuation decisions of the secretary of revenue and for the recovery of certain expenses.

     HB 1247: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to ambulance districts.

     HB 1277: FOR AN ACT ENTITLED, An Act to  require the compiling and reporting of certain domestic abuse information.

     SB 12: FOR AN ACT ENTITLED, An Act to  provide for a conservation easement for certain state lands.

     SB 96: FOR AN ACT ENTITLED, An Act to  regulate motor vehicle service contracts.

     SB 152: FOR AN ACT ENTITLED, An Act to  provide a financial institution with an insurable interest with reference to personal insurance.

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

     SB 205: FOR AN ACT ENTITLED, An Act to  provide management authority to the Department of Game, Fish and Parks over certain property being acquired from the United States.

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

     And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1002, 1052, 1053, 1073, 1099, 1100, 1111, 1126, 1134, 1137, 1163, 1165, 1179, 1197, 1213, 1237, 1247, 1277, and 1284 were delivered to his Excellency, the Governor, for his approval at 4:10 p.m., February 22, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

COMMEMORATIONS

     HC 1022   Introduced by:  Representatives Jaspers and Hanson and Senator Symens

A LEGISLATIVE COMMEMORATION,  Honoring the community of Veblen on its centennial     celebration.

     WHEREAS,  on April 15, 1892, the Sisseton-Wahpeton Sioux Reservation located in northeastern South Dakota was opened for settlement, and a small settlement in northeastern Marshall County began to emerge as homesteaders started to populate the area; and

     WHEREAS,  this community was named Veblen after John Edward Veblen, an early settler to the area, and this community grew in an area half a mile southeast of the present day city; but, due to shortage of water, was moved to its present day site in 1900; and

     WHEREAS,  Veblen saw the coming of the railroad in 1914 and the coming of electricity in 1920 and this community grew and prospered during the 1920s and survived the hard times of the drought-stricken decade of the 1930s; and

     WHEREAS,  Veblen, currently home to over three hundred people, is celebrating a century of existence on the eastern prairie of Marshall County on July 1 and 2, 2000, with the slogan "Celebrate the Century-Veblen in 2000":

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that the community of Veblen be recognized for its century of existence and be extended best wishes as it enters its second century.

     HC 1023   Introduced by:  Representatives Kazmerzak and Fryslie and Senator Frederick

A LEGISLATIVE COMMEMORATION,  Honoring those South Dakotans who have reached     the age of one hundred.

     WHEREAS,  South Dakota has over two hundred citizens that have lived for a hundred years or longer; and

     WHEREAS,  these citizens have lived in three different centuries; and

     WHEREAS,  South Dakota has benefited from the wisdom and experience of these citizens for many years and will benefit from this wisdom and experience for many years to come:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that we congratulate and thank these century-citizens for more than one hundred years of contributions to the circle of life.

     HC 1024   Introduced by:  Representatives Kazmerzak, Brown (Richard), Haley, Lucas, Roe, Smidt, and Volesky and Senators Reedy, Hutmacher, and Olson

A LEGISLATIVE COMMEMORATION,  Honoring the Prison Congregations of America.

     WHEREAS,  Vermillion, South Dakota, is the national headquarters of Prison Congregations of America; and

     WHEREAS,  Prison Congregations of America has promoted a type of prison ministry that is unique and effective in reducing recidivism rates and is furthering this effort by promoting an intensive aftercare program; and

     WHEREAS,  South Dakota has greatly benefited from this model by having congregations in the prisons of Sioux Falls, Springfield, and Pierre at no cost to the taxpayer:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that Prison Congregations of America be thanked and congratulated for the work it has done, the services it provides, and the vision which drives it to promote this model in other states.

     Rep. Wetz moved that the House do now adjourn, which motion prevailed, and at 5:16 p.m. the House adjourned.

Karen Gerdes, Chief Clerk