JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 23, 2000

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

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House page Tiffany Jastorff.

     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 thirtieth 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.
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1031 as found on pages 770 and 771 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1031 be approved?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 2, Absent and Not Voting 2

     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; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
Napoli; Wudel

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1098 which was removed from the table and tabled.


Respectfully submitted,
Jarvis W. Brown, Chair
REPORTS OF CONFERENCE COMMITTEES

Ccr71

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 71 and the amendment thereto made by the House, and the disagreement of the two Houses thereon, and recommends that the Senate do concur with the House amendments.
    
Respectfully Submitted,                    Respectfully Submitted,
Claire B. Konold                            Don Brosz
Kristie K. Fiegen                            Harold W. Halverson
Mike Wilson                                
House Committee                            Senate Committee

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1018, 1047, 1094, 1222, 1261, and 1308 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1009 and 1013 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 51, 138, 192, and 195.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 30 and has appointed Sens. Whiting, Daugaard, and Flowers as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 60 and has appointed Sens. Albers, Arnold Brown, and Valandra as

a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 197 and has appointed Sens. Rounds, Jim Dunn, and Flowers as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Michels moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to adding the Student Loan Marketing Association to certain existing permitted investments of insurers.

     The question being on Rep. Michels' motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to adding the Student Loan Marketing Association to certain existing permitted investments of insurers.

     And the roll being called:

     Yeas 63, Nays 3, 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; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; 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:
Kazmerzak; Koetzle; Napoli

     Excused were:
Patterson; Richter; Solum

     Absent and Not Voting were:
Eccarius

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried.

     There being no objection, the House proceeded to Order of Business No. 11.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1318   Introduced by:  Representatives Hunt, Brown (Jarvis), and Wilson and Senators Halverson and Hutmacher

       FOR AN ACT ENTITLED, An Act to   add the Student Loan Marketing Association to certain existing permitted investments of insurers.

     Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1318:   FOR AN ACT ENTITLED, An Act to   add the Student Loan Marketing Association to certain existing permitted investments of insurers.

     Was read the second time.

     The question being "Shall HB 1318 pass?"

     And the roll being called:

     Yeas 64, Nays 2, 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; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; 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:
Kazmerzak; Koetzle

     Excused were:
Patterson; Richter; Solum

     Absent and Not Voting were:
Eccarius

     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.

MOTIONS AND RESOLUTIONS

(Continued)

     Rep. Roe moved that the House do concur in Senate amendments to HB 1133.

     The question being on Rep. Roe's motion that the House do concur in Senate amendments to HB 1133.

     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; 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; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Fiegen

     Excused were:
Eccarius; 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. Cutler moved that the House do not concur in Senate amendments to HB 1139 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Cutler, Napoli, and Fischer-Clemens.


     Rep. Michels moved that the House do not concur in Senate amendments to HB 1200 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Michels, Monroe, and Koetzle.

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

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

     And the roll being called:

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

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

     Excused were:
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. Fischer-Clemens moved that the House do concur in Senate amendments to HB 1239.

     The question being on Rep. Fischer-Clemens' motion that the House do concur in Senate amendments to HB 1239.

     And the roll being called:

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

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

     Nays were:
Haley; Jaspers; Lucas; Monroe; Napoli; Wetz

     Excused were:
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. Klaudt moved that the House do concur in Senate amendments to HB 1282.

     The question being on Rep. Klaudt's motion that the House do concur in Senate amendments to HB 1282.

     And the roll being called:

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

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

     Nays were:
Clark; Peterson; Waltman

     Excused were:
Brown (Jarvis); 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. Wilson moved that the House do concur in Senate amendments to HB 1272.

     The question being on Rep. Wilson's motion that the House do concur in Senate amendments to HB 1272.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; 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; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Juhnke; Nachtigal

     Excused were:
Brown (Jarvis); 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. Eccarius moved that the House do concur in Senate amendments to HB 1058.

     The question being on Rep. Eccarius' motion that the House do concur in Senate amendments to HB 1058.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; 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; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; 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

     Nays were:
Haley; Koetzle; Lucas


     Excused were:
Brown (Jarvis); Patterson; 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.

     HCR 1014:   A CONCURRENT RESOLUTION,   Memorializing Congress to provide appropriate funding and support for veterans' hospitals.

     Rep. Brooks moved that HCR 1014 as found on pages 606 and 607 and amended on page 748 of the House Journal be adopted.

     The question being on Rep. Brooks' motion that HCR 1014 be adopted as amended.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; 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

     Nays were:
Brown (Jarvis)

     Excused were:
Eccarius; Patterson; Solum

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

     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.

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     Rep. Koskan moved that HCR 1018 be amended as follows:

     On page 754 , line 23 of the House Journal , delete " independence " and insert " dependence " .
     Which motion prevailed and HCR 1018 was so amended.

     The question being "Shall HCR 1018 as found on pages 754 and 755 of the House Journal be adopted as amended?"

     And the roll being called:

     Yeas 59, Nays 9, Excused 2, Absent and Not Voting 0

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

     Nays were:
Crisp; Fischer-Clemens; Haley; Koetzle; Lucas; Munson (Donald); Nachtigal; Napoli; Waltman

     Excused were:
Patterson; Solum

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

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

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     Rep. Donald Munson moved that SCR 6 be amended as follows:

     On page 270 , line 5 of the Senate Journal , delete " . South " and insert " : " .

     On page 270 , delete lines 6 to 8 , inclusive .

     On page 270 , line 11 , delete everything after " Bicentennial " and insert " Advisory Committee appointed by the Governor be established to assist the South Dakota Department of Tourism in coordinating activities related to the Lewis and Clark Bicentennial. " .

     On page 270 , delete lines 12 and 13 .

     Which motion prevailed and SCR 6 was so amended.

     The question being "Shall SCR 6 as found on pages 269 and 270 of the Senate Journal be concurred in as amended?"
     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent and Not Voting 0

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

     Nays were:
Fiegen

     Excused were:
Patterson; Solum

     So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared SCR 6 concurred in.

     The question being on the title.

     Rep. Donald Munson moved that the title to SCR 6 be amended as follows:

     On page 269 , line 22 of the Senate Journal , delete " Commemoration Commission " and insert " Advisory Committee " .

     Which motion prevailed and the title was so amended.

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

     Rep. Chicoine moved that SCR 8 as found on page 547 of the Senate Journal be concurred in.

     The question being on Rep. Chicoine's motion that SCR 8 be concurred in.

     And the roll being called:

     Yeas 44, Nays 23, Excused 2, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Napoli; Peterson; Putnam; Sebert; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Speaker Hunt

     Nays were:
Apa; Broderick; Brown (Richard); Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Fiegen; Juhnke; Konold; Koskan; McNenny; Monroe; Pummel; Richter; Roe; Smidt; Sutton (Duane); Wetz; Wudel; Young

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
Duniphan

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

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Appropriations on SB 196 as found on pages 771 to 773 of the House Journal; also

     Appropriations on SB 41 as found on pages 773 and 774 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Monroe moved that SB 18 be placed on today's calendar.

     The question being on Rep. Monroe's motion that SB 18 be placed on today's calendar.

     And the roll being called:

     Yeas 27, Nays 40, Excused 2, Absent and Not Voting 1

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


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

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
Fitzgerald

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Cutler moved that SB 141 be placed to follow SB 165 and that SB 28 be placed to follow SB 41 on today's calendar.

     Which motion prevailed and the bills were so placed.

     SB 164:   FOR AN ACT ENTITLED, An Act to   establish qualifications for substitute teachers.

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

164ja

     Rep. Konold moved that SB 164 be amended as follows:

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

"      Section 1. Each school district shall develop a written policy for substitute teachers. The policy shall include minimum standards, taking into consideration the following levels of education and experience:

             (1)    Educational level to include one or a combination of the following:

             (a)    Teacher certification;
             (b)    College degree;
             (c)    Technical degree;
             (d)    College courses;
             (e)    Work or life experience; and

             (2)    Experience level to include any of the following:

             (a)    Lesson plan;
             (b)    Classroom management;
             (c)    Class scheduling;
             (d)    Special education needs.

     Each school district shall maintain a current list of qualified substitute teachers. Each school district shall maintain a wage schedule for substitute teachers. No person may be employed as a substitute teacher unless the person has signed a statement that the person has not during the previous five years been convicted of any crime involving moral turpitude, including traffic in narcotics. "

     Which motion lost.

     The question being "Shall SB 164 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 36, Excused 3, Absent and Not Voting 1

     Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Derby; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Koetzle; Lockner; Lucas; McCoy; McIntyre; Munson (Donald); Nachtigal; Peterson; Richter; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Clark; Crisp; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fryslie; Heineman; Hennies; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Koskan; Lintz; McNenny; Michels; Monroe; Napoli; Pummel; Putnam; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Jaspers; Patterson; Solum

     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.

     SB 199:   FOR AN ACT ENTITLED, An Act to   revise property tax levies for the general fund of a school district.

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

199fc

     Rep. Cutler moved that SB 199 be amended as follows:

     On page 1 , line 8 of the House State Affairs committee engrossed bill , delete " fifteen dollars and ninety-five " and insert " thirteen dollars and ninety-three " .

     On page 1 , line 13 , delete " four " and insert " three dollars and thirty-three " .

     On page 1 , line 14 , delete " dollars and fifty " .

     On page 2 , line 3 , delete " seven dollars and forty-one " and insert " five dollars and thirty- six " .

     On page 2 , line 9 , delete " five dollars and fifty " and insert " four dollars and thirty-three " .

199fb

     Rep. Waltman moved as a substitute motion that SB 199 be amended as follows:

     On page 1 , line 6 of the House State Affairs committee engrossed bill , after " 2001 " insert " and each year thereafter " .

    A roll call vote was requested and supported.

     The question being on Rep. Waltman's substitute motion that SB 199 be amended.

     And the roll being called:

     Yeas 22, Nays 45, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Sutton (Daniel); Volesky; Waltman; Weber

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

     Excused were:
Patterson; Solum; Wudel

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

     The question being on Rep. Cutler's motion that SB 199 be amended.

    Which motion prevailed and SB 199 was so amended.

     The question being "Shall SB 199 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; 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; Young; Speaker Hunt

     Nays were:
Hagen; Haley; Kazmerzak; Koetzle; Lucas

     Excused were:
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.

     Speaker Pro tempore Eccarius now presiding.

     SB 165:   FOR AN ACT ENTITLED, An Act to   allow a farm winery to hold an on-sale retail license.

     Was read the second time.

     The question being "Shall SB 165 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 15, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Garnos; Hagen; Haley; Hanson; Heineman; Jaspers; Juhnke; Klaudt; Koehn; Konold; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Young

     Nays were:
Brooks; Cerny; Davis; Fiegen; Fischer-Clemens; Fitzgerald; Kazmerzak; Koetzle; Kooistra; Koskan; Lucas; Slaughter; Smidt; Weber; Speaker Hunt

     Excused were:
Fryslie; Hennies; Patterson; Solum; Wudel

     Absent and Not Voting were:
Cutler

     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 141:   FOR AN ACT ENTITLED, An Act to   establish a monitor within the juvenile corrections system and to provide for certain legislative review and study of the state's correctional system.

     Was read the second time.

141om

     Rep. Michels moved that SB 141 be amended as follows:

     On page 3 , line 22 of the House State Affairs committee engrossed bill , delete " as " and insert " that " .

     On page 3 , line 23 , delete " may direct " and insert " directs, " .

     On page 3 , line 23 , delete " Corrections " and insert " Government Operations and Audit " .

     On page 3 , line 24 , delete " of the Legislature " .

     Which motion prevailed and SB 141 was so amended.

141oc

     Rep. Volesky moved that SB 141 be further amended as follows:
     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. The Executive Board of the Legislative Research Council shall appoint an ombudsman for youth offenders. The person shall possess knowledge and training in the field of law enforcement, corrections administration, and public policy concerning youth offenders. The budget for the ombudsman shall be appropriated annually by the Legislature.

     Section 2. While serving as the youth offender ombudsman, a person may not be actively involved in political party activities, a candidate for or hold other public office, whether elective or appointive, or engaged in any other full-time occupation, business, or profession.

     Section 3. The youth offender ombudsman may:

             (1)    Investigate, on complaint or on the youth offender ombudsman's own motion, any action by any juvenile correctional facilities operated by the Department of Corrections without regard to its finality;

             (2)    Examine by subpoena the records and documents of the Department of Corrections;

             (3)    Enter and inspect without notice any youth correction facility;

             (4)    Subpoena any person to appear, to give sworn testimony, or to produce documentary or other evidence that is reasonably material to an inquiry;

             (5)    Undertake, participate in, or cooperate with persons and agencies in such conferences, inquiries, meetings, or studies as might lead to improvements in the functioning of the Department of Corrections;

             (6)    Bring suit in the circuit court for Hughes County to enforce this Act, enforce the civil rights of children, and bring equitable relief necessary;

             (7)    Establish and administer a budget for the office; and

             (8)    Hire staff and enter into contracts for professional services.

     Section 4. The youth offender ombudsman shall investigate, on complaint or on the ombudsman's own motion, any activity that is or is alleged to be:

             (1)    Contrary to or inconsistent with law or practice;

             (2)    Based on mistaken facts or irrelevant considerations;

             (3)    Inadequately explained when reasons should have been revealed;

             (4)    Inefficiently performed; or

             (5)    Unreasonable, unfair, or otherwise objectionable, even though in accordance with law.

     Section 5. Notwithstanding section 5 of this Act, the youth offender ombudsman may decide not to investigate because:

             (1)    The complainant could reasonably be expected to use a different administrative remedy or action;

             (2)    The complaint is trivial, frivolous, vexatious, or not made in good faith; or

             (3)    The complaint has been too long delayed to justify present examination.

     Section 6. The youth offender ombudsman shall:

             (1)    Give priority to investigating administrative actions that are not otherwise reviewable by either administrative or judicial action;

             (2)    Treat confidentially all matters and the identities of the complainants or witnesses coming before the ombudsman;

             (3)    Not levy any fees for the submission or investigation of complaints; and

             (4)    At least annually prepare and submit a report to the Legislature and Governor regarding the conditions at juvenile correction facilities.

     The report shall include an explanation of the types of complaints received by the ombudsman, the types of complaints investigated by the ombudsman, and the results of the investigations.

     Section 7. After investigation of any action, the youth offender ombudsman shall state the recommendations and reasons if, in the ombudsman's opinion, the Department of Corrections or any employee shall:

             (1)    Consider the matter further;

             (2)    Modify or cancel any action;

             (3)    Alter a rule, practice, or ruling;

             (4)    Explain more fully the administrative action in question;

             (5)    Rectify an omission; or

             (6)    Take any other action.

     If the ombudsman so requests, the Department of Corrections shall, within the time specified, inform the ombudsman about the action taken on the recommendations or the reasons for not complying with them. After a reasonable period of time has elapsed, the ombudsman may issue a report.
     Section 8. If the youth offender ombudsman believes that any action has been dictated by laws, the results of which are unfair or otherwise objectionable, and could be revised by legislative action, the ombudsman shall notify the Executive Board of the Legislative Research Council.

     Section 9. The Department of Corrections shall forward, immediately and unopened, a letter to the youth offender ombudsman from a person held in custody in the juvenile correction facilities operated by the Department of Corrections. The Department of Corrections shall deliver, immediately and unopened, a reply letter to such person from the ombudsman.

     Section 10. The Department of Corrections shall post in the living area of each juvenile correction facility a notice explaining how to contact the ombudsman. A person who files a complaint under this Act is not subject to any penalties, sanctions, or restrictions because of the complaint.

     Section 11. The youth offender ombudsman shall receive the same immunities from civil and criminal liabilities as a judge of this state. The ombudsman may not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the ombudsman official duties except as may be necessary to enforce this Act. Except as otherwise provided, if the ombudsman has knowledge of confidential information relating to a child involved or allegedly involved in child sexual abuse, the information remains confidential and is not subject to public disclosure.

     Section 12. If any person willfully obstructs or hinders the proper and lawful exercise of the youth offender ombudsman's powers or willfully misleads or attempts to mislead the ombudsman in inquiries under this Act, the judge of the circuit court for Hughes County, on application of the ombudsman, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

     Section 13. There is hereby created the South Dakota Corrections Committee to make a continuing study of the operation of the state's correctional system.

     Section 14. The Corrections Committee shall consist of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President Pro Tempore. The members of the corrections committee shall be appointed biennially for terms expiring on January first of each succeeding odd-numbered year and shall serve until their respective successors are appointed and qualified. No more than three from each legislative body may be from the same political party.

     Section 15. The Corrections Committee shall select a chair and vice chair and shall be provided with staff assistance from the Legislative Research Council.

     Section 16. The Corrections Committee shall review and act upon all proposed legislation regarding the establishment and operation of the state's corrections system.

     Section 17. The Department of Corrections or such other executive branch agency as the Governor may direct shall, on or before December 1, 2000, submit to the Corrections Committee of the Legislature a report and recommendation regarding the desirability and feasibility of the Department of Corrections seeking American Correctional Association accreditation of all juvenile corrections facilities under the direction of the Governor.

     Section 18. For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under this Act, no disclosure of the identity of any individual shall be required where otherwise prohibited by law. "


    
    Rep. Fiegen moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

    
    The question being on Rep. Volesky's motion that SB 141 be amended.

     And the roll being called:

     Yeas 19, Nays 49, Excused 2, Absent and Not Voting 0

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

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

     Excused were:
Patterson; Solum

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

141rc

     Rep. Wilson moved that SB 141 be further amended as follows:

     On page 3 , between lines 16 and 17 of the House State Affairs committee engrossed bill , insert:

"     (7)    Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility as well as the parents or legal guardian of any individual in the custody or care of a juvenile corrections facility. "

    A roll call vote was requested and supported.

     The question being on Rep. Wilson's motion that SB 141 be further amended.

     And the roll being called:

     Yeas 25, Nays 41, Excused 2, Absent and Not Voting 2

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

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

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
Crisp; Cutler

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

141rb

     Rep. Wilson moved that SB 141 be further amended as follows:

     On page 3 , between lines 16 and 17 of the House State Affairs committee engrossed bill , insert:

"     (7)    Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility. "


     Which motion prevailed and SB 141 was so amended.

141ra

     Rep. Wilson moved that SB 141 be further amended as follows:
     On page 2 , line 24 of the House State Affairs committee engrossed bill , after " facilities " insert " or other incidents which adversely affect the physical health, emotional and mental well- being, safety, welfare, and education of such individuals " .

    A roll call vote was requested and supported.

     The question being on Rep. Wilson's motion that SB 141 be further amended.

     And the roll being called:

     Yeas 23, Nays 45, Excused 2, Absent and Not Voting 0

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

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

     Excused were:
Patterson; Solum

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

141ta

     Rep. Koetzle moved that SB 141 be further amended as follows:

     On page 4 , line 22 of the House State Affairs committee engrossed bill , after " body. " insert " The committee may meet as often as necessary to fulfill its duties and responsibilities and is excluded from any limits placed on legislative interim or standing committees related to the frequency or duration of committee meetings. " .

    Rep. Smidt moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Koetzle's motion that SB 141 be amended.

     And the roll being called:

     Yeas 30, Nays 37, Excused 3, Absent and Not Voting 0

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

     Nays were:
Broderick; Brooks; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Brown (Jarvis); Patterson; Solum

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

     Rep. Jaspers moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 141 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Apa; Earley; Fitzgerald; Juhnke; Koskan; Lucas; Monroe; Napoli; Sutton (Duane); Wetz; Young

     Excused were:
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 the House do now consider SB 196.

     Which motion prevailed.

     SB 196:   FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2000 and to create a tobacco prevention and cessation program and trust fund and to make an appropriation therefor.

     Was read the second time.


196dc

     Rep. Richter moved that SB 196 be amended as follows:

     On page 2 , line 1 of the House Appropriations committee engrossed bill , delete " $1,126,355 " and insert " $1,299,908 " .

     On page 2 , between lines 1 and 2 , insert:

"     Alcohol and Drug Abuse

        Operating expenses, delete "$2,192,606" and insert "$3,192,606". "


     On page 2 , line 4 , delete " $7,446,360 " and insert " $6,446,360 " .

     On page 2 , line 8 , delete " Section 1 of this " and insert " This " .

     On page 2 , delete lines 9 to 25 , inclusive .

     On page 3 , delete lines 1 to 25 , inclusive .

     On page 4 , delete lines 1 to 7 , inclusive .

     Which motion prevailed and SB 196 was so amended.

     The question being "Shall SB 196 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent and Not Voting 0

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

     Nays were:
Burg; Davis; Hagen; Hanson; Kazmerzak; Koetzle; Lockner; Lucas; McIntyre; Napoli; Sutton (Daniel); Waltman

     Excused were:
Patterson; Solum

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

     The question being on the title.

     Rep. Richter moved that the title to SB 196 be amended as follows:

     On page 1 , line 2 of the House Appropriations committee engrossed bill , delete everything after " 2000 " .

     On page 1 , line 3 , delete everything before " . " .

     Which motion prevailed and the title was so amended.

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1249 was lost on second reading and final passage.

Also MR. SPEAKER:

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

Also MR. SPEAKER:

    I have the honor to return herewith HB 1005, 1056, 1211, 1215, 1244, and 1312 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1020   Introduced by:  Representatives Brooks, Apa, Broderick, Brown (Jarvis), Cerny, Chicoine, Crisp, Cutler, Davis, Engbrecht, Fiegen, Fryslie, Garnos, Hagen, Hennies, Kazmerzak, Klaudt, Koehn, Kooistra, Lintz, McCoy, McIntyre, Michels, Munson (Donald), Nachtigal, Sebert, Slaughter, Volesky, Weber, Wetz, and Wudel and Senators Munson (David), Albers, Ham, Hutmacher, Kloucek, Moore, Paisley, and Vitter

A CONCURRENT RESOLUTION,  Urging the Secretary of the Navy to name the first of the     fleet of new attack submarines of the Navy the "South Dakota."

     WHEREAS,  the battleship South Dakota (BB-57) was commissioned on March 20, 1942, and was originally scheduled to host the surrender of Japan at the end of World War II; and

     WHEREAS,  the battleship South Dakota (BB-57) quickly became the flagship of Admiral Chester W. Nimitz's 3rd Fleet and was renowned as the famous "Battleship X;" and

     WHEREAS,  the battleship South Dakota (BB-57) was one of the greatest and most decorated battleships of World War II, earning the Navy Unit Commendation, the Asiatic- Pacific Campaign Medal with thirteen battle stars, the World War II Victory Medal, and the Navy Occupation Service Medal; and

     WHEREAS,  on January 31, 1947, after only five years of service, the battleship South Dakota (BB-57) was decommissioned and placed in reserve; and

     WHEREAS,  during its five years of dutiful service, the crew of the battleship South Dakota (BB-57) demonstrated both dedication and courage in their efforts to preserve the security of the United States and protect the freedoms of all Americans; and

     WHEREAS,  it is entirely appropriate to have the first of the fleet of new attack submarines of the Navy named the "South Dakota" to honor the courage and commitment of the brave crew

of the battleship South Dakota (BB-57) and to serve as a fitting tribute to one of America's truly great battleships:

     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 the Secretary of the Navy of the United States is urged to name the first of the fleet of new attack submarines of the Navy the "South Dakota."

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

     SB 23:   FOR AN ACT ENTITLED, An Act to   allow certain children to be included as a level two, three, four, or five disability for the purpose of calculating special education state aid, to revise the calculation of state aid to education, to provide additional funds for education salaries, to reduce state aid to education for certain school districts, and to provide that certain funds remain in the general fund.

     Was read the second time.

23cb

     Rep. Cutler moved that SB 23 be amended as follows:

     On page 1 , delete lines 13 to 16 of the House Education committee engrossed bill , inclusive .

     Delete pages 2 to 5 , inclusive .

23tb

     Rep. Kooistra moved as a substitute motion that SB 23 be amended as follows:

     On page 4 , line 1 of the House Education committee engrossed bill , delete " a " and insert " for a school district having a general enrollment average daily membership greater than six hundred, the " .

     On page 4 , line 5 , after " distributed. " insert " For the state aid to education distribution for the fiscal year ending June 30, 2002, for a school district having a general enrollment average daily membership of six hundred or less, the school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance exceeds eighty percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed. " .
     On page 4 , line 6 , delete " a " and insert " for a school district having a general enrollment average daily membership greater than six hundred, the " .

     On page 4 , line 10 , after " distributed. " insert " For the state aid to education distribution for the fiscal year ending June 30, 2003, for a school district having a general enrollment average daily membership of six hundred or less, the school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance exceeds sixty percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed. " .

     On page 4 , line 11 , delete " a " and insert " for a school district having a general enrollment average daily membership greater than six hundred, the " .

     On page 4 , line 15 , after " distributed. " insert " For the state aid to education distribution for the fiscal year ending June 30, 2004, and thereafter, for a school district having a general enrollment average daily membership of six hundred or less, the school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance exceeds forty percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed. " .

    A roll call vote was requested and supported.

     The question being on Rep. Kooistra's substitute motion that SB 23 be amended.

     And the roll being called:

     Yeas 28, Nays 38, Excused 4, Absent and Not Voting 0

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

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

     Excused were:
Patterson; Smidt; Solum; Volesky

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

     Rep. Duniphan moved the previous question.

     Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Cutler's motion that SB 23 be amended.

     And the roll being called:

     Yeas 37, Nays 29, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Heineman; Jaspers; Juhnke; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Nays were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Engbrecht; Fischer- Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Roe; Sutton (Daniel); Waltman; Weber; Wilson

     Excused were:
Patterson; Smidt; Solum; Volesky

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 23 was so amended.

     Rep. Duenwald moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 23 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; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Hagen; Klaudt

     Excused were:
Patterson; Smidt; Solum; Volesky

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

     The question being on the title.

     Rep. Cutler moved that the title to SB 23 be amended as follows:

     On page 1 , line 2 of the printed bill , delete " , to revise the " and insert ".".

     On page 1 , delete lines 3 to 5 , inclusive .

     Which motion prevailed and the title was so amended.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1057, 1206, and 1243 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Patricia Adam, Secretary


     The Speaker appointed Reps. Brooks, McNenny, and Kazmerzak as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 30.
     The Speaker appointed Reps. Larry Diedrich, Fitzgerald, and Daniel Sutton as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 60.

     The Speaker appointed Reps. Napoli, Duane Sutton, and Koetzle as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 197.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

     Rep. Cutler moved that the House do now consider SB 69.

     Which motion prevailed.

     SB 69:   FOR AN ACT ENTITLED, An Act to   exempt materials used in certain construction projects outside of the state from the use tax.

     Was read the second time.

69fb

     Rep. Fischer-Clemens moved that SB 69 be amended as follows:

     On page 1 , line 11 of the Senate Taxation committee engrossed bill , before " , " insert " outside of South Dakota " .

     On page 1 , line 15 , after " Code " insert " and the contract, including the fabricated tangible personal property, is exempt from the sales and use tax of such other state " .


     Rep. Jaspers moved that SB 69 and pending amendment be laid on the table.

     The question being on Rep. Jaspers' motion that SB 69 and pending amendment be laid on the table.

     And the roll being called:

     Yeas 37, Nays 27, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Slaughter; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Nays were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Engbrecht; Fischer- Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Roe; Sebert; Sutton (Daniel); Waltman; Weber; Wilson

     Excused were:
Duenwald; Michels; Patterson; Smidt; Solum; Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 69 and pending amendment were laid on the table.

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

MOTIONS AND RESOLUTIONS


     Rep. Cutler moved that the rules be suspended for the sole purpose of placing SB 182, 73, 5, 93, 124, 108, 27, 185, 41, and 28 on the calendar for Thursday, February 24th, the 32nd legislative day.

     The question being on Rep. Cutler's motion that SB 182, 73, 5, 93, 124, 108, 27, 185, 41, and 28 be placed on the calendar for Thursday, February 24th, the 32nd legislative day.

     And the roll being called:

     Yeas 56, Nays 8, Excused 5, Absent and Not Voting 1

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

     Nays were:
Apa; Broderick; Davis; Fischer-Clemens; Koetzle; Lockner; McIntyre; Waltman

     Excused were:
Duenwald; Patterson; Smidt; Solum; Volesky

     Absent and Not Voting were:
Roe

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the bills were so placed.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 24th, the 32nd legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1018, 1047, 1058, 1094, 1133, 1156, 1184, 1212, 1222, 1239, 1261, 1272, 1280, 1282, and 1308 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1018: FOR AN ACT ENTITLED, An Act to  transfer certain funds from the South Dakota Building Authority to the South Dakota Health and Education Facilities Authority.

     HB 1047: FOR AN ACT ENTITLED, An Act to  appropriate money for the USS South Dakota Battleship Memorial.

     HB 1058: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to special education.

     HB 1094: FOR AN ACT ENTITLED, An Act to  create the people's trust fund in the state treasury and to declare an emergency.

     HB 1133: FOR AN ACT ENTITLED, An Act to  provide insurance coverage for off-label uses of prescription drugs used for the treatment of cancer or life threatening conditions.

     HB 1156: FOR AN ACT ENTITLED, An Act to  repeal certain provisions relating to the deferred compensation fund for public employees and to grant certain authorities to the state investment officer.

     HB 1184: FOR AN ACT ENTITLED, An Act to  provide immunity to members of county boards of mental illness and county review boards.

     HB 1212: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding dealer franchises to include motorcycles, boats, personal watercraft, all-terrain vehicles, and snowmobiles.

     HB 1222: FOR AN ACT ENTITLED, An Act to  revise the motor fuel tax distribution to the Department of Game, Fish and Parks.

     HB 1239: FOR AN ACT ENTITLED, An Act to  limit the use of mechanical restraints in juvenile correctional facilities.

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

     HB 1272: FOR AN ACT ENTITLED, An Act to  provide for periodic judicial review of status of children in custody of the Department of Corrections.

     HB 1280: FOR AN ACT ENTITLED, An Act to  increase the penalty for certain violations regarding vital records and the disposition of dead bodies.

     HB 1282: FOR AN ACT ENTITLED, An Act to  prohibit persons other than physicians from performing or inducing abortions.

     HB 1308: FOR AN ACT ENTITLED, An Act to  prohibit the possession of certain forms of computer-related child pornography.

     SB 51: FOR AN ACT ENTITLED, An Act to  revise the provisions concerning the imposition and administration of the inheritance tax.

     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.

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

     SB 104: FOR AN ACT ENTITLED, An Act to  appropriate money for the Northern Crops Institute.

     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.
     SB 136: FOR AN ACT ENTITLED, An Act to  prohibit certain activities regarding certain imported cigarettes or tobacco products.

     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.

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

     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.

     SB 192: FOR AN ACT ENTITLED, An Act to  reenact the revised secured transactions article of the Uniform Commercial Code.

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

     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.

     And signed the same in the presence of the House.

     Rep. McCoy moved that the House do now adjourn, which motion prevailed, and at 6:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk