JOURNAL OF THE SENATE

SEVENTY-FIFTH  SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 23, 2000

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by Senate page Crystal Truax.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate 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,
Harold Halverson, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS

February 23, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear President Hillard and Members of the Senate:

I herewith return Senate Bill 75 with the following recommendations as to STYLE and FORM.

Senate Bill 75 is entitled "An Act to revise certain provisions relating to the South Dakota Insurance Guaranty Association."

During the review process, my office has detected a number of typographical and formatting errors in this bill. The typographical and formatting errors and my proposed corrections are set out below. All changes are made to the Senate State Affairs Committee engrossed version of the bill.

To avoid confusion with the meanings and the responsibility of the parties covered under paragraph (7) of Section 1, the sponsor has agreed to the following changes.

On page 3, line 4, create a new subparagraph by inserting "(a)" after "Covered claim,". Then renumber the subparagraphs as follows:

On page 3, line 8, change (a) to (i).

On page 3, line 12, change (b) to (ii).

On page 3, line 14, create a new paragraph by inserting "(b)" before "The term,". Then renumber the subparagraphs as follows:

On page 3, line 15, change (a) to (i).

On page 3, line 16, change (b) to (ii).

On page 3, line 17, change (c) to (iii).

On page 3, line 24, change (d) to (iv).

On page 4, line 4, change (e) to (v).

On page 5, line 9, the wrong subdivision is referenced. Delete the "(8)" and replace it with "(9)". The first part of line 9 on page 5 should then read "(9) of section 2 of this Act...."


On page 5, line 11 incorrectly references "sections 30 to 44, inclusive,". The correct reference is to "sections 30 to 34, inclusive,".

On page 8, parts of Section 15 use the same numbering system in different portions of the same Section to refer to different requirements. This can cause confusion and is unnecessary duplication. I recommend these numbering references be deleted as follows:

Section 15, on page 8, line 6, delete the (i).

Section 15, on page 8, line 7, delete the (ii).

Section 15, on page 8, line 12, delete the (i).

Section 15, on page 8, line 14, delete the (ii).

Finally, several references in the bill refer to a "chapter". These references should be changed from "chapter" to "Act" as listed below.

On page 9, line 19, change "chapter" to "Act".

On page 9, line 24, change "chapter" to "Act".

On page 17, line 16, change "chapter" to "Act".

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

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 70, 77, 109, 161, and 169 and SJR 1 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair


MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 90 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 70, 77, 109, 161, and 169 and SJR 1 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Whiting moved that the Senate do not concur in House amendments to SB 30 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Whiting, Daugaard, and Flowers.

     Sen. Albers moved that the Senate do not concur in House amendments to SB 60 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Albers, Arnold Brown, and Valandra.

     Sen. Halverson moved that the Senate do not concur in House amendments to SB 197 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Rounds, Jim Dunn, and Flowers.

     Sen. Bogue moved that the Senate do concur in House amendments to SB 51.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 51.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Hutmacher

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

     Sen. Bogue moved that the Senate do concur in House amendments to SB 138.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 138.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

     Excused were:
Whiting

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

     Sen. Everist moved that the Senate do concur in House amendments to SB 192.

     The question being on Sen. Everist's motion that the Senate do concur in House amendments to SB 192.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek

     Excused were:
Ham

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

     Sen. Lawler moved that the Senate do concur in House amendments to SB 195.

     The question being on Sen. Lawler's motion that the Senate do concur in House amendments to SB 195.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Paisley

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

     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.

    Was read the second time.

     Sen. Frederick moved that HCR 1016 as found on page 668 and amended on page 718 of the House Journal be concurred in.

     The question being on Sen. Frederick's motion that HCR 1016 be concurred in as amended.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

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

     Sen. Hutmacher moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with the referral to committee, and placing on today's calendar a bill relating to proposing a constitutional amendment relating to the establishment of a tobacco settlement trust fund.

     The question being on Sen. Hutmacher's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with the referral to committee, and placing on today's calendar a bill relating to proposing a constitutional amendment relating to the establishment of a tobacco settlement trust fund.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens; Valandra

     Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

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


     Sen. Rounds moved that the Senate do now recess until 2:20 p.m., which motion prevailed and at 1:55 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 2:20 p.m., the President presiding.

     Sen. Rounds moved that the Senate proceed to Order of Business No. 11.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Hutmacher requested that HB 1215 be removed from the Consent Calendar and that HB 1215 be placed to precede HB 1005 on today's calendar.

     Which request was granted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1215:   FOR AN ACT ENTITLED, An Act to   allow contracts or agreements between governmental entities to be exempt from certain conflicts of interest.

     Was read the second time.

     Sen. Rounds moved that HB 1215 be deferred to follow HB 1244 on today's calendar.

     Which motion prevailed and the bill was so deferred.

     HB 1005:   FOR AN ACT ENTITLED, An Act to   conduct a pilot study on agricultural income value, to create a task force, to appropriate money for a pilot study, and to declare an emergency.

     Was read the second time.

1005fh

     Sen. Paisley moved that HB 1005 be further amended as follows:

     On page 7 , line 25 of the Senate Taxation committee engrossed bill , after " . " insert " Sections 1 to 22, inclusive, of this Act are not effective to repeal any existing law, nor

implement any new law, but are enacted solely for the purpose of conducting the pilot study provided for in section 22 of this Act. "


     Which motion prevailed and HB 1005 was so amended.

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

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Madden

     Excused were:
Brosz

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

     There being no objection, the Senate reverted to Order of Business No. 9.


CONSIDERATION OF REPORTS OF COMMITTEES


     Sen. Olson moved that the word "not" be stricken from the report of the Committee on Education on HB 1249 as found on page 615 of the Senate Journal and that HB 1249 be placed on today's calendar.

     The question being on Sen. Olson's motion that the word "not" be stricken from the report of the Committee on Education on HB 1249 and that HB 1249 be placed on today's calendar.

     And the roll being called:

     Yeas 17, Nays 17, Excused 1, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Staggers; Symens; Valandra

     Nays were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Kleven; Madden; Rounds; Shoener; Vitter; Whiting

     Excused were:
Brosz

    The Senators being equally divided, the President voted Nay.

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


     Sen. Rounds moved that the reports of the Standing Committees on

     Appropriations on HB 1056 as found on page 584 of the Senate Journal; also

     Appropriations on HB 1057 as found on page 586 of the Senate Journal; also

     Taxation on HB 1206 as found on page 593 of the Senate Journal; also

     Education on HB 1257 as found on page 602 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    (continued)

     HB 1211:   FOR AN ACT ENTITLED, An Act to   revise the date at which certain telecommunications companies may begin certain promotions for local exchange service.

     Was read the second time.

     The question being "Shall HB 1211 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Brosz

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

    HB 1243   :   FOR AN ACT ENTITLED, An Act to   authorize the Department of Human Services to develop and implement programs aimed at reducing the use of tobacco by youth and to accept and expend private contributions therefor.

     Was read the second time.

     Sen. Rounds moved that HB 1243 be deferred to follow HB 1056 on today's calendar.

     Which motion prevailed and the bill was so deferred.

     HB 1244:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to create a tuition-waiver for children of nonresident alumni.

     Was read the second time.

1244ra

     Sen. Dunn (Rebecca) moved that HB 1244 be further amended as follows:

     On page 1 , after line 5 of the Senate Appropriations committee engrossed bill , insert:

"      Section 2. That § 13-55F-1 be amended to read as follows:

     13-55F-1.   There is established the Mickelson Governor's Scholars Program to be administered by the Board of Regents, which is hereby authorized to establish such policies and procedures as it deems necessary to carry out the purposes of this program. However, the Board of Regents may not award any Mickelson scholarships to any student who graduates from high school after Spring 1995. The purpose of the program is to encourage South Dakota's most academically accomplished high school graduates to remain in the state and to contribute to the economic development of the state.

     Section 3. That § 13-55F-2 be amended to read as follows:

     13-55F-2.   In order to be eligible for a Mickelson Governor's Scholars award, a student shall:

             (1)      Be a resident of South Dakota at the time of graduation from high school;

             (2)      Meet the admissions requirements and attend one of the six Board of Regents universities or four state technical institutes;

             (3)      Have obtained a high school cumulative grade point average of at least 3.0 on a 4.0 scale, or the equivalent, through the junior year of high school; and

             (4)      Be considered academically to be in the top one percent of the state's high school graduating class. The determination of qualifications for the top one percent of high school graduates in the state shall be announced each year by the board.

     Section 4. That § 13-55F-3 be amended to read as follows:

     13-55F-3.   To receive a Mickelson Governor's Scholarship a student shall attend a Board of Regents university or a state technical institute. Scholarship payments shall be made on a semester by semester basis with the scholarship amount equal to the student's costs for tuition, required fees and special discipline fees, and room and board, subject to the estimated cost of attendance limitation described in this section. In no case may expenses for board exceed reasonable amounts for three meals a day. If a student lives off-campus, not with parents, the award amount for room shall be equal to the double-occupancy residence hall rate, and the amount for board shall be equal to the most comprehensive basic, nonoptional meal plan available on campus. If a student lives with parents, the student shall receive five hundred dollars each semester for room and board and commuting expenses. The award amount available under this scholarship program is subject to a maximum limitation, so that the total funding from the Mickelson Governor's Scholars Program and all federal need-based gift aid may not exceed the student's estimated cost of attendance. Mickelson Governor's Scholarships shall be paid to the recipients through their campus after the final fee adjustment date and when the other need-based grants and scholarships are known.

     Section 5. That § 13-55F-4 be amended to read as follows:

     13-55F-4.   A student is eligible to participate in the Mickelson Governor's Scholars Program for the equivalent of four academic years or until the attainment of a baccalaureate degree, whichever comes first. The student shall maintain a cumulative 3.0 grade point average on a 4.0 scale to retain eligibility for the program. Cumulative grade point average shall be calculated after the second semester and every semester thereafter. The student shall complete consecutive spring and fall terms in order to remain eligible for continuation of the scholarship program from term to term. Once a student's cumulative grade point average falls below 3.0 on a 4.0 scale, the student permanently loses eligibility for continuation in the scholarship program.

     If the executive director of the Board of Regents determines that a student's failure to enroll or to maintain continued enrollment has resulted from legitimate factors outside the student's control, or has resulted from the student's participation in an activity that in the executive

director's judgment provides knowledge or experience that will enhance the student's academic pursuits, the executive director may extend the student's eligibility to participate in the program for up to two additional years, provided that the student does not enroll in a noneligible institution, except under an exchange agreement. If approved by the executive director, the Mickelson Governor's Scholarship Program may provide a scholarship award for the exchange equal to the previous year's award for that student. Extended eligibility does not entitle a student to receive a Mickelson Governor's Scholars award for more than the equivalent of four academic years. A student may also maintain eligibility for continuation in the Mickelson Governor's Scholars Program by notifying the executive director of the student's intent to transfer to another of the ten eligible institutions.

     Section 6. There is hereby appropriated from the future fund, created in §  61-5-24.2, the sum of two hundred twenty-five thousand dollars ($225,000), or so much thereof as may be necessary, to the Board of Regents to provide funding for the Governor's Scholars Program created in this Act.

     Section 7. The institution at which the recipient of a Governor's Scholarship chooses to attend shall provide one-half of the amount of the recipient's Governor's Scholarship amount.

     Section 8. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 5, inclusive, of this Act.

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


    Sen. Olson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Rebecca Dunn's motion that HB 1244 be amended.

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Paisley; Reedy; Symens; Valandra

     Nays were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Brosz

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

     The question now being "Shall HB 1244 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Olson

     Excused were:
Brosz; Frederick

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

     The question being on the title.

     Sen. Hainje moved that the title to HB 1244 be amended as follows:

     On page 1 , line 1 of the printed bill , delete " create a tuition-waiver " and insert " provide a tuition reduction " .

     Which motion prevailed and the title was so amended.

     HB 1215:   FOR AN ACT ENTITLED, An Act to   allow contracts or agreements between governmental entities to be exempt from certain conflicts of interest.

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

     The question being "Shall HB 1215 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lawler; Moore; Olson; Symens; Valandra

     Excused were:
Lange

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

     HB 1255:   FOR AN ACT ENTITLED, An Act to   create the South Dakota Science and Technology Council.

     Was read the second time.

1255cb

     Sen. Everist moved that HB 1255 be further amended as follows:

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

"      Section  1.  The Department of Education and Cultural Affairs shall establish a program to reimburse public school teachers for the application and processing fee for the National Board for Professional Teaching Standards certification process. The reimbursement shall include any federal funds that may be available through a candidate subsidy program. The reimbursement shall be paid upon receipt of documentation that the teacher successfully completed all certification requirements and was awarded the credential.

     In addition to the reimbursement provided pursuant to this section, a teacher who teaches in a public school and who has obtained certification by the National Board for Professional Teaching Standards shall receive a payment of two thousand dollars per year for five years. The stipend shall be paid as follows:

             (1)    One thousand dollars from the Department of Education and Cultural Affairs;

             (2)    One thousand dollars from the school district where the teacher is employed.

     The Board of Education shall adopt rules, pursuant to chapter 1-26, to establish guidelines necessary to implement the program.

     Section  2.  There is hereby appropriated from the general fund the sum of fifty-six thousand dollars ($56,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs for the purpose of making the payments authorized by section 1 of this Act.

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

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


     Which motion prevailed and HB 1255 was so amended.

     Sen. Rounds moved that further action on HB 1255 be deferred to follow HB 1257 on today's calendar.

     Which motion prevailed and the bill was so deferred.

     HB 1312:   FOR AN ACT ENTITLED, An Act to   exempt the gross receipts from certain events or activities sponsored by nonprofits for the benefit of homeless persons.

     Was read the second time.

     The question being "Shall HB 1312 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Bogue; Drake; Frederick; Halverson; Moore; Rounds

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

     HB 1056:   FOR AN ACT ENTITLED, An Act to   establish a combination work and education activity for recipients under the state's temporary assistance for needy families program.

     Was read the second time.


     The question being "Shall HB 1056 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Halverson; Staggers

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

     HB 1243:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Human Services to develop and implement programs aimed at reducing the use of tobacco by youth and to accept and expend private contributions therefor.

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

1243bk

     Sen. Rounds moved that HB 1243 be further amended as follows:

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

"      Section 1. There is hereby created the tobacco prevention and reduction program in the Department of Human Services.

     Section 2. There is created an eleven member Tobacco Prevention and Reduction Advisory Board. The Governor shall appoint the 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 3. The Tobacco Prevention and Reduction 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 4 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 4. The tobacco prevention and reduction plan and moneys allocated therefor may be used for the following programs or grants:

             (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; or

             (8)    Administration and oversight.

     Section 5. The Tobacco Prevention and Reduction 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 6. 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. "


     Which motion prevailed and HB 1243 was so amended.

    Sen. Frederick moved that Sen. Rounds' amendment to HB 1243 be amended as follows:

    In Section 6, in the sentence beginning "The principal" after "appropriated" insert "by the Legislature".

    Which motion prevailed.

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

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Lawler

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

     The question being on the title.

     Sen. Rounds moved that the title to HB 1243 be amended as follows:

     On page 1 , line 1 of the Senate State Affairs committee engrossed bill , delete everything after " Act to " and insert " create a tobacco prevention and cessation program and trust fund. "

     On page 1 , delete lines 2 and 3 .

     Which motion prevailed and the title was so amended.

HONORED GUESTS


     The President   introduced Nikki Diehm, Miss Pre-Teen South Dakota 2000, from Presho, who was escorted to the Chamber by Sen. Benson.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

     HB 1057:   FOR AN ACT ENTITLED, An Act to   create the South Dakota education savings plan.

     Was read the second time.

     The question being "Shall HB 1057 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0

     Yeas were:
Bogue; Dennert; Drake; Dunn (Rebecca); Everist; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Moore; Olson; Reedy; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Duxbury; Flowers; Lawler; Madden; Munson (David); Paisley; Rounds

     Excused were:
Frederick

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

     HB 1206:   FOR AN ACT ENTITLED, An Act to   repeal revisions to certain municipal special assessment provisions.

     Was read the second time.

     The question being "Shall HB 1206 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Staggers; Valandra; Whiting

     Nays were:
Brosz; Daugaard; Dunn (Jim); Ham; Hutmacher; Paisley; Shoener; Symens; Vitter

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

     HB 1257:   FOR AN ACT ENTITLED, An Act to   enhance learning in public schools, reimburse nationally certified teachers, establish an Office of Education Technology, study the public education workforce, increase the voting requirement for school district referenda, and limit certain transfers of school funds.

     Was read the second time.

     Sen. Rounds moved that the Senate do now recess until 6:00 p.m., which motion prevailed and at 5:30 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 6:00 p.m., the President presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

     HB 1257:   FOR AN ACT ENTITLED, An Act to   enhance learning in public schools, reimburse nationally certified teachers, establish an Office of Education Technology, study the public education workforce, increase the voting requirement for school district referenda, and limit certain transfers of school funds.

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

1257xa

     Sen. Everist moved that HB 1257 be amended as follows:

     On page 2 , delete lines 8 to 21 of the Senate Education committee engrossed bill , inclusive .

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

     On page 5 , delete lines 1 to 10 , inclusive .

     Which motion prevailed and HB 1257 was so amended.

     The question being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist; Hainje; Halverson; Ham; Hutmacher; Kleven; Madden; Moore; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Dunn (Rebecca); Duxbury; Flowers; Frederick; Kloucek; Lange; Lawler; Olson; Reedy; Symens; Valandra

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

     The question being on the title.

     Sen. Rounds moved that the title to HB 1257 be amended as follows:

     On page 1 , line 1 of the Senate Education committee engrossed bill , delete everything after " to " and insert " enhance learning in public schools, establish an Office of Education Technology, study the public education workforce, and increase the voting requirement for school district referenda. "

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

     Which motion prevailed and the title was so amended.

     HB 1255:   FOR AN ACT ENTITLED, An Act to   create the South Dakota Science and Technology Council.

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

1255tb

     Sen. Hutmacher moved that HB 1255 be further amended as follows:

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

"      Section 1. The Department of Education and Cultural Affairs shall establish a program to reimburse public school teachers for the application and processing fee for the National Board for Professional Teaching Standards certification process. The reimbursement shall include any federal funds that may be available through a candidate subsidy program. The reimbursement shall be paid upon receipt of documentation that the teacher successfully completed all certification requirements and was awarded the credential.

     In addition to the reimbursement provided pursuant to this section, a teacher who teaches in a public school and who has obtained certification by the National Board for Professional Teaching Standards shall receive a payment of two thousand dollars per year for five years. The stipend shall be paid as follows:

             (1)    One thousand dollars from the Department of Education and Cultural Affairs;

             (2)    One thousand dollars from the school district where the teacher is employed.

     The Board of Education shall adopt rules, pursuant to chapter 1-26, to establish guidelines necessary to implement the program.

     Section 2. There is hereby appropriated from the general fund the sum of fifty-six thousand dollars ($56,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs for the purpose of making the payments authorized by section 1 of this Act.

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

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

     Section 5. That § 13-13.-10.1 be amended to read as follows:

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

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

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

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

             (a)      For districts with a general enrollment average daily membership of two hundred or less, multiply 1.2 times the general enrollment average daily membership;
             (b)      For districts with a general enrollment average daily membership of less than six hundred, but greater than two hundred, raise the general enrollment average daily membership to the 0.8293 power and multiply the result times 2.98;
             (c)      For districts with a general enrollment average daily membership of six hundred or more, multiply 1.0 times their general enrollment average daily membership;

             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately

preceding the year of adjustment or three percent, whichever is less plus the enrollment adjustment;

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

             (4)      "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student allocation shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per student allocation shall be the previous fiscal year's per student allocation increased by the index factor;

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

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

    Sen. Rounds moved the previous question.

    Which motion prevailed.

    Sen. Dennert requested a roll call vote.

    Which request was supported.

     The question being on Sen. Hutmacher's motion that HB 1255 be further amended.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Symens; Valandra

     Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Kleven; Madden; Rounds; Shoener; Staggers; Vitter; Whiting

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

     The question now being "Shall HB 1255 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Madden; Moore; Munson (David); Paisley; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

     Nays were:
Dunn (Rebecca); Duxbury; Flowers; Kloucek; Lange; Lawler; Olson; Reedy; Symens

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

     The question being on the title.

     Sen. Everist moved that the title to HB 1255 be amended as follows:

     On page 1 , line 1 of the House Education committee engrossed bill , delete everything after " to " and insert " reimburse public school teachers who become nationally certified. "

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

COMMUNICATIONS AND PETITIONS


February 23, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Larry E. Gabriel, Haakon County, Cottonwood, South Dakota, Secretary of Agriculture.

    This appointment is effective May 1, 2000, and shall continue at the pleasure of the Governor.

Sincerely,
William J. Janklow
Governor

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

REPORTS OF STANDING COMMITTEES



MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 208 and returns the same with the recommendation that said bill be amended as follows:

208bfm1

     On page 5 , line 42 of the printed bill , increase personal services GENERAL FUNDS $211,574.

     On page 5 , line 46 , increase FTEs 4.0.

     On page 5 , line 43 , increase operating expenses GENERAL FUNDS $60,100.

     Adjust all totals accordingly.

208bfm2

     On page 5 , line 43 of the printed bill , increase operating expenses GENERAL FUNDS $250,000.

     Adjust all totals accordingly.

208db

     On page 20 , line 50 of the printed bill , increase operating expenses GENERAL FUNDS $100,000.

     Adjust all totals accordingly.

208zg

     On page 13 , line 5 of the printed bill , increase operating expenses GENERAL FUNDS $1,100,000.
     Adjust all totals accordingly.

208bfm3

     On page 5 , line 50 of the printed bill , increase operating expenses OTHER FUNDS $250,000.

     Adjust all totals accordingly.

208bfm13

     On page 27 , line 18 of the printed bill , increase personal services GENERAL FUNDS $146,811.

     On page 27 , line 19 , increase operating expenses GENERAL FUNDS $3,189.

     On page 27 , line 22 , increase FTEs 2.0.

     Adjust all totals accordingly.

208bfm10

     On page 25 , line 4 of the printed bill , increase personal services GENERAL FUNDS $38,685.

     On page 25 , line 5 , increase operating expenses GENERAL FUNDS $3,000.

     On page 25 , line 8 , increase FTEs 1.0.

     Adjust all totals accordingly.

208zh

     On page 13 , line 5 of the printed bill , increase operating expenses GENERAL FUNDS $40,000.

     Adjust all totals accordingly.

208pd

     On page 25 , line 12 of the printed bill , increase operating expenses GENERAL FUNDS $102,303.

     On page 25 , line 12 , increase operating expenses FEDERAL FUNDS $221,750.

     Adjust all totals accordingly.

208dc

     On page 27 , line 40 of the printed bill , increase appropriation GENERAL FUNDS $63,000.

     Adjust all totals accordingly.

208zk

     On page 20 , line 8 of the printed bill , increase operating expenses GENERAL FUNDS $35,000.

     Adjust all totals accordingly.

208pe

     On page 25 , line 11 of the printed bill , decrease personal services GENERAL FUNDS $92,384.

     On page 25 , line 15 , decrease personal services FEDERAL FUNDS $92,384.

     On page 25 , line 15 , decrease FTEs 4.0.

     Adjust all totals accordingly.

208zj

     On page 14 , line 7 of the printed bill , decrease operating expenses GENERAL FUNDS $500,000.

     Adjust all totals accordingly.

208mf

     On page 28 , line 22 of the printed bill, increase personal services OTHER FUNDS $35,985.

     On page 28 , line 26, increase FTEs 1.0.

     On page 28 , line 29, increase personal services OTHER FUNDS $38,449.

     On page 28 , line 30, increase operating expenses OTHER FUNDS $18,000.

     On page 28 , line 33, increase FTEs 1.0.

     Adjust all totals accordingly.

208mj

     On page 28 , line 16 of the printed bill , decrease operating expenses OTHER FUNDS $25,000.

     Adjust all totals accordingly.

208mm

     On page 24 , line 27 of the printed bill , decrease personal services GENERAL FUNDS $211,481.

     On page 24 , line 35 , decrease operating expenses GENERAL FUNDS $32,549.

     Adjust all totals accordingly.

208ml

     On page 27 , line 18 of the printed bill , increase personal services GENERAL FUNDS $180,780.

     On page 27 , line 19 , increase operating expenses GENERAL FUNDS $63,250.

     On page 27 , line 22 , increase FTEs 5.0.

     Adjust all totals accordingly.

208zq

     On page 20 , line 42 of the printed bill , increase personal services GENERAL FUNDS $11,890.

     On page 20 , line 42 , increase personal services OTHER FUNDS $8,586.

     On page 20 , line 49 , decrease personal services GENERAL FUNDS $11,890.

     On page 20 , line 49 , decrease personal services OTHER FUNDS $8,586.

208zr

     On page 20, line 8 of the printed bill, decrease operating expenses OTHER FUNDS $2,895,955.

     On page 20, line 22, decrease operating expenses FEDERAL FUNDS $800,000.

     On page 20, line 22, decrease operating expenses OTHER FUNDS $1,000,000.

     On page 20, line 29, decrease operating expenses FEDERAL FUNDS $750,000.
     On page 20, line 36, increase operating expenses FEDERAL FUNDS $80,000.

     On page 20, line 36, decrease operating expenses OTHER FUNDS $1,516,000.

     On page 20, line 42, decrease personal services FEDERAL FUNDS $772,862.

     On page 20, line 43, decrease operating expenses OTHER FUNDS $200,000.

     On page 20, line 49, decrease personal services FEDERAL FUNDS $450,000.

     On page 20, line 50, decrease operating expenses FEDERAL FUNDS $102,138.

     On page 20, line 50, decrease operating expenses OTHER FUNDS $200,000.

     On page 21, line 4, decrease operating expenses FEDERAL FUNDS $1,700,000.

     On page 21, line 4, increase operating expenses OTHER FUNDS $2,700,000.

     On page 21, line 11, increase operating expenses FEDERAL FUNDS $550,000.

     On page 21, line 11, increase operating expenses OTHER FUNDS $450,000.

     On page 21, line 18, increase operating expenses FEDERAL FUNDS $659,404.

     On page 21, line 18, increase operating expenses OTHER FUNDS $318,570.

     On page 21, line 25, increase operating expenses FEDERAL FUNDS $200,000.

     On page 21, line 25, increase operating expenses OTHER FUNDS $350,000.

     Adjust all totals accordingly

208zp

     On page 14 , line 7 of the printed bill , increase operating expenses GENERAL FUNDS $318,708.

     Adjust all totals accordingly.

208zo

     On page 13 , line 5 of the printed bill , increase operating expenses GENERAL FUNDS $396,000.

     Adjust all totals accordingly.

208bfm12

     On page 27 , line 18 of the printed bill , decrease personal services FEDERAL FUNDS $108,243.

     On page 27 , line 22 , decrease FTEs 3.0.

     Adjust all totals accordingly.

208bfm4

     On page 8 , line 46 of the printed bill , decrease operating expenses OTHER FUNDS $250,000.

     Adjust all totals accordingly.

208bfm14

     On page 28 , line 52 of the printed bill , increase operating expenses OTHER FUNDS $15,000.

     Adjust all totals accordingly.

208bfm15

     On page 4 , line 11 of the printed bill , increase operating expenses FEDERAL FUNDS $9,000,000.

     Adjust all totals accordingly.

208pg

     On page 9, line 48 of the printed bill, increase operating expenses GENERAL FUNDS $404,289.

     On page 9, line 48, increase operating expenses FEDERAL FUNDS $1,424,247.

     Adjust all totals accordingly.

208ph

     On page 25, line 26 of the printed bill, increase operating expenses GENERAL FUNDS $700,000.

     Adjust all totals accordingly.

208dd

     On page 30 , between lines 33 and 34 of the printed bill , insert:

"     From the people's interest fund:        $800,000 " .


208pi

     On page 25, line 5 of the printed bill, increase operating expenses GENERAL FUNDS $226,447.

     Adjust all totals accordingly.

208zs

     On page 13 , line 5 of the printed bill , increase operating expenses GENERAL FUNDS $1,077,782.

     Adjust all totals accordingly.

     And that as so amended said bill do pass.

Respectfully submitted,
Randy D. Frederick, Chair

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 51, 138, 192, and 195 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1058, 1133, 1184, 1239, 1272, 1282.


Also MADAM PRESIDENT:

    I have the honor to return herewith SB 199 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to return herewith SCR 8 in which the House has concurred.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 18 failed to be placed on the House calendar.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1139 and has appointed Reps. Cutler, Napoli, and Fischer-Clemens 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.

     The President appointed as such committee Sens. Paisley, Daugaard, and Olson.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1200 and has appointed Reps. Michels, Monroe, 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.

     The President appointed as such committee Sens. Albers, Arnold Brown, and Lawler.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has approved HB 1031 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 770 of the House Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1031.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 164 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SCR 6 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1014 and 1018 which have been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1318 which has passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has 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.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Larry Diedrich, Fitzgerald, and Dan 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.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has 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.


Also MADAM PRESIDENT:

    I have the honor to return herewith SB 23, 141, and 196 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 69 was tabled.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Thursday, February 24, the 32nd legislative day.

     Which motion prevailed.

SIGNING OF BILLS


     The President publicly read the title to

     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 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 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.

    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.

     And signed the same in the presence of the Senate.

     Sen. Whiting moved that the Senate do now adjourn, which motion prevailed, and at 8:00 p.m. the Senate adjourned.

Patricia Adam, Secretary