House Journal 02/24/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 24, 2000

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

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

     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 thirty-first day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,

Roger W. Hunt, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved HB 1002, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1096 and the amendment thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1096 be amended as follows:

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

" Section 1. If an infestation of noxious weeds or an infestation of mountain pine beetle spreads to adjacent private or public land, the person or entity owning the property from which the infestation spread is responsible for remedying the problems caused by the infestation, to the extent that the person or entity is responsible for allowing the infestation to spread to the adjacent private or public land. "

On page 1 , line 1 of the Senate Agriculture and Natural Resources committee engrossed bill , delete everything after " to " and insert " assign responsibility related to certain infestations of noxious weeds or the mountain pine beetle. " .

On page 1 , delete line 2 .

Respectfully Submitted,                    Respectfully Submitted,
Kenneth Wetz                            Cheryl Madden
Roger Brooks                            Fred Whiting
Larry Lucas                                H. Paul Dennert
House Committee                        Senate Committee

The Conference Committee respectfully reports that it has considered SB 30 and the amendment thereto made by the House, and the disagreement of the two Houses thereon, and recommends that SB 30 be amended as follows:

On page 1 , line 8 of the House engrossed bill , delete " subsections (2) and (3) thereof " and insert " a landowner, occupant, or accompanying guests of the landowner or occupant on the owner's or occupant's land or a person employed by the Department of Game, Fish and Parks in the performance of the person's duty " .

Respectfully Submitted,                    Respectfully Submitted,
Roger Brooks                            Fred Whiting
Kenneth G. McNenny                    Dennis Daugaard
Doug Kazmerzak                        Charles E. Flowers
House Committee                        Senate Committee

The Conference Committee respectfully reports that it has considered SB 60 and the amendment thereto made by the House, and the disagreement of the two Houses thereon, and recommends that SB 60 be amended as follows:

On page 1 , line 6 of the House Judiciary committee engrossed bill , delete " , " .

On page 1 , line 7 , delete " except a motorcycle license, " .

On page 2 , line 8 , overstrike " The permit may be issued only once in " .

On page 2 , overstrike line 9 .

On page 2 , line 16 , overstrike " Division of " and insert " Department of Education and Cultural Affairs " .

On page 2 , line 17 , overstrike " Education Services and Resources " .

On page 3 , line 2 , delete " restricted motorcycle " and insert " motorcycle restricted " .

On page 3 , line 4 , delete " driver's motorcycle " and insert " motorcycle driver's " .

On page 3 , line 7 , delete " Division Education Services and " and insert " Department of Education and Cultural Affairs or by the secretary of commerce and regulation " .

On page 3 , line 8 , delete " Resources " .

On page 3 , line 9 , after " the " insert " motorcycle " .

On page 3 , line 9 , delete " restricted motorcycle " and insert " motorcycle restricted " .

On page 3 , line 20 , after " . " insert " A motorcycle operator's license may be issued, upon application and payment of the proper fee as provided for in § 32-12-16, to a minor at least sixteen years of age but less than eighteen years of age who currently holds a valid operator's license and has successfully passed all motorcycle driver's license examination tests. A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who does not currently hold a valid operator's license if the minor has passed all motorcycle driver's license examination tests, has not been convicted of a traffic violation during the past six months, and currently holds a motorcycle instruction permit that has been valid continuously for one hundred eighty days. For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20-14 and a driver education class that has been approved by the Department of Education and Cultural Affairs or by the secretary of commerce and regulation, the required minimum time period for holding the motorcycle instruction permit to qualify for the motorcycle operator's license is thirty continuous days. " .

On page 4 , delete lines 2 to 9 , inclusive .

Respectfully Submitted,                    Respectfully Submitted,
Larry Diedrich                            Kenneth D. Albers
Carol E. Fitzgerald                        Arnold M. Brown
Dan Sutton                                Paul Valandra
House Committee                        Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 208 which has passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1255 and 1257 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Paisley, Daugaard, and Olson 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 on HB 1139.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Albers, Brown, and Lawler 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 on HB 1200.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has approved SB 75 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.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 75.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 71.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 23, 196, and 199.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SCR 6 and has appointed Sens. Whiting, Brosz, and Kloucek 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 141 and has appointed Sens. Whiting, Daugaard, and Lawler 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 return herewith HB 1318 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1014 and 1018 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Lintz moved that the House do concur in Senate amendments to HB 1005.

     The question being on Rep. Lintz's motion that the House do concur in Senate amendments to HB 1005.

     And the roll being called:

     Yeas 62, Nays 2, Excused 5, Absent and Not Voting 1

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

Nays were:
Konold; Sebert

Excused were:
Crisp; Cutler; Patterson; Putnam; Solum

Absent and Not Voting were:
Hennies

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 amendments were concurred in.

     Rep. Eccarius moved that the House do concur in Senate amendments to HB 1211.

     The question being on Rep. Eccarius' motion that the House do concur in Senate amendments to HB 1211.

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent and Not Voting 0

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

Nays were:
Koetzle

Excused were:
Crisp; Cutler; Patterson; Putnam; 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 HB 1056 be placed to follow HB 1206 on today's calendar.

Which motion prevailed and the bill was so placed.

     Rep. Clark moved that the House do concur in Senate amendments to HB 1215.

     The question being on Rep. Clark's motion that the House do concur in Senate amendments to HB 1215.

     And the roll being called:

Yeas 63, Nays 2, Excused 4, Absent and Not Voting 1

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

Nays were:
Koetzle; Wetz

Excused were:
Cutler; Patterson; Putnam; Solum

Absent and Not Voting were:
Napoli

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. Clark moved that the House do concur in Senate amendments to HB 1244.

     The question being on Rep. Clark's motion that the House do concur in Senate amendments to HB 1244.

     And the roll being called:

     Yeas 54, Nays 11, Excused 4, Absent and Not Voting 1

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

Nays were:
Brooks; Duenwald; Fiegen; Fryslie; Jaspers; Koetzle; Koskan; Richter; Sutton (Duane); Wetz; Wilson

Excused were:
Cutler; Patterson; Putnam; Solum

Absent and Not Voting were:
Napoli

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. Earley moved that the House do concur in Senate amendments to HB 1312.

     The question being on Rep. Earley's motion that the House do concur in Senate amendments to HB 1312.

     And the roll being called:

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

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

Excused were:
Cutler; Patterson; Putnam; Solum

Absent and Not Voting were:
Napoli

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. Donald Munson moved that the House do concur in Senate amendments to HB 1057.

     The question being on Rep. Donald Munson's motion that the House do concur in Senate amendments to HB 1057.

     And the roll being called:

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

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

Nays were:
Eccarius; Fischer-Clemens; Haley; Koetzle; Koskan; Lockner; Lucas; Monroe; Nachtigal; Napoli; Sutton (Daniel); Sutton (Duane); Wilson

Excused were:
Cutler; Patterson; Putnam; 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. Broderick moved that the House do concur in Senate amendments to HB 1206.

     The question being on Rep. Broderick's motion that the House do concur in Senate amendments to HB 1206.

     And the roll being called:

     Yeas 49, Nays 17, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Richard); Chicoine; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Haley; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Richter; Roe; Slaughter; Smidt; Sutton (Daniel); Volesky; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Apa; Brown (Jarvis); Burg; Cerny; Clark; Crisp; Engbrecht; Garnos; Hagen; Hanson; Hennies; Koehn; McIntyre; Monroe; Sebert; Waltman; Weber

Excused were:
Patterson; Putnam; Solum; Sutton (Duane)

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. Kooistra moved that the House do concur in Senate amendments to HB 1056.

     The question being on Rep. Kooistra's motion that the House do concur in Senate amendments to HB 1056.

     And the roll being called:

     Yeas 50, Nays 12, Excused 8, Absent and Not Voting 0

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

Nays were:
Brooks; Duenwald; Earley; Eccarius; Fiegen; Juhnke; Koskan; McNenny; Richter; Smidt; Wetz; Young

Excused were:
Koetzle; Michels; Monroe; Napoli; Patterson; Putnam; Solum; Sutton (Duane)

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. Peterson moved that the House do concur in Senate amendments to HB 1243.

     The question being on Rep. Peterson's motion that the House do concur in Senate amendments to HB 1243.

     And the roll being called:

     Yeas 54, Nays 8, Excused 8, Absent and Not Voting 0

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

Nays were:
Cerny; Duenwald; Earley; Klaudt; Koehn; Koskan; Wetz; Young

Excused were:
Apa; Koetzle; Michels; Monroe; Napoli; Patterson; Solum; Sutton (Duane)

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 amendments were concurred in.

     HCR 1020: 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."

    Rep. Brooks moved that HCR 1020 as found on pages 826 and 827 of the House Journal be adopted.

     The question being on Rep. Brooks' motion that HCR 1020 be adopted.

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, 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; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Apa; Koetzle; Michels; Monroe; Napoli; Patterson; Solum; Sutton (Duane)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1020 was adopted.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Konold moved that the report of the Conference Committee on SB 71 as found on page 801 of the House Journal be adopted.

The question being on Rep. Konold's motion that the report of the Conference Committee on SB 71 be adopted.

And the roll being called:

Yeas 62, Nays 0, Excused 8, 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; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 208: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 182: FOR AN ACT ENTITLED, An Act to establish certain restricted zones on inundated lands and penalties for violating such zones.

Was read the second time.

Rep. Duenwald moved the previous question.

Which motion prevailed.

The question being "Shall SB 182 pass as amended?"

And the roll being called:

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

Yeas were:
Brown (Jarvis); Burg; Cerny; Crisp; Cutler; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Fryslie; Hagen; Hanson; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koskan; Lintz; Lockner; McCoy; McNenny; Munson (Donald); Nachtigal; Putnam; Waltman; Weber

Nays were:
Broderick; Brooks; Brown (Richard); Chicoine; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Engbrecht; Fischer-Clemens; Garnos; Haley; Heineman; Hennies; Koetzle; Konold; Kooistra; Lucas; McIntyre; Michels; Monroe; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Volesky; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Apa; Clark; Napoli; Patterson; Solum; Sutton (Duane)

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

SB 73: FOR AN ACT ENTITLED, An Act to require insurers to disclose certain provisions with regard to usual, customary, and reasonable charges.

Was read the second time.

     The question being "Shall SB 73 pass as amended?"

     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; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; 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; Young; Speaker Hunt

Nays were:
Diedtrich (Elmer); Koehn

Excused were:
Patterson; Solum; Wudel

Absent and Not Voting were:
Derby

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

Was read the second time.

     The question being "Shall SB 5 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; 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

Nays were:
Diedtrich (Elmer); Koehn

Excused were:
Patterson; Solum; Wudel

Absent and Not Voting were:
Brown (Richard); Napoli

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

SB 93: FOR AN ACT ENTITLED, An Act to revise the provisions limiting the expenditure of county road and bridge funds and to declare an emergency.

Was read the second time.

The question being "Shall SB 93 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 2, Absent and Not Voting 1

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

Nays were:
Koskan; Napoli

Excused were:
Patterson; Solum

Absent and Not Voting were:
Koetzle

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

SB 124: FOR AN ACT ENTITLED, An Act to allow the transfer of funds from certain nursing facilities to the intergovernmental transfer fund.

Was read the second time.

Rep. Eccarius moved that SB 124 be amended as follows:

On page 4 , after line 22 of the House Health and Human Services committee engrossed bill , insert:

" Section 10. That § 28-6-1 be amended to read as follows:

28-6-1. The Department of Social Services may provide medical services and medical or remedial care on behalf of persons having insufficient income and resources to meet the necessary cost thereof, if the person has exhausted all other possible public and private medical and remedial care programs, income or benefits, with the exception of county poor relief, in accordance with rules which the secretary of social services shall adopt pursuant to chapter 1-26 in accordance with the provisions of Title XIX and Title XXI of the federal Social Security Act, as amended to January 1, 2000 . The rules shall specify the individuals and services for which state funds or federal financial participation are available and may include:

(1) The amount, scope, and duration of medical and remedial services;

(2) The basis for and extent of provider payments on behalf of an eligible person;

(3) The establishment and collection of copayments, premiums, fees, or charges for sharing the cost of risk protection or services provided to persons. All such collections shall be remitted to the general fund;

(4) Methods of administration found necessary for the operation of the medical assistance program;

(5) Safeguards against the disclosure or improper use of information, required by statutory law to be held confidential, concerning applicants for or recipients of medical assistance; and

(6) Such other requirements as may be necessary to obtain federal financial participation in the medical assistance program. "

Which motion prevailed and SB 124 was so amended.

     The question being "Shall SB 124 pass as amended?"

     And the roll being called:

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

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

Nays were:
Koskan

Excused were:
Hagen; Patterson; Solum; Wudel

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

Speaker Pro tempore Eccarius now presiding.

The Speaker appointed Reps. Donald Munson, Fiegen, and Wilson 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 SCR 6.

The Speaker appointed Reps. Michels, Duniphan, and Lucas 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 141.

SB 108: FOR AN ACT ENTITLED, An Act to provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

Was read the second time.

Rep. Koehn moved that SB 108 be amended as follows:

On page 1 , line 8 of the House State Affairs committee engrossed bill , after " . " insert " For the purposes of this petition, the petitioner is not entitled to court-appointed counsel. "

Rep. Richter moved the previous question.

Which motion prevailed.

The question being on Rep. Koehn's motion to amend SB 108.

Which motion lost.

     The question being "Shall SB 108 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 47, Excused 2, Absent and Not Voting 0

     Yeas were:
Cerny; Davis; Diedtrich (Elmer); Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Sutton (Daniel); Volesky; Waltman; Weber

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

Excused were:
Patterson; Solum

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

Rep. Koehn announced his intention to reconsider the vote by which SB 108 was lost.

Rep. Michels moved that the House do now recess, which motion prevailed and at 3:41 p.m., the House recessed.

RECESS

The House reconvened at 4:00 p.m., Speaker Pro tempore Eccarius presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(Continued)

SB 27: FOR AN ACT ENTITLED, An Act to appropriate funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs.

Was read the second time.

     The question being "Shall SB 27 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 2, Excused 4, 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; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; 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); Waltman; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Koehn; Napoli

Excused were:
Fiegen; Heineman; Patterson; Solum

Absent and Not Voting were:
Volesky; Weber

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

SB 185: FOR AN ACT ENTITLED, An Act to create the South Dakota teacher forgivable loan program and to appropriate money therefor.

Was read the second time.

Rep. McIntyre moved that SB 185 be amended as follows:

On page 4 , line 7 of the printed bill , delete " C" and insert "E " .

    A roll call vote was requested and supported.

     The question being on Rep. McIntyre's motion that SB 185 be amended.

     And the roll being called:

     Yeas 23, Nays 43, Excused 3, Absent and Not Voting 1

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

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

Excused were:
Fiegen; Patterson; Solum

Absent and Not Voting were:
Heineman

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

The question being "Shall SB 185 pass?"

     And the roll being called:

     Yeas 40, Nays 26, Excused 3, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Davis; Diedrich (Larry); Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Juhnke; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lockner; McCoy; McIntyre; Monroe; Munson (Donald); Nachtigal; Pummel; Roe; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

Nays were:
Apa; Broderick; Crisp; Cutler; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Haley; Jaspers; Kazmerzak; Lintz; Lucas; McNenny; Michels; Napoli; Peterson; Putnam; Richter; Sebert; Smidt; Sutton (Duane); Wudel; Young; Speaker Hunt

Excused were:
Fiegen; Patterson; Solum

Absent and Not Voting were:
Heineman

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

     Rep. Cutler announced his intention to reconsider the vote by which SB 185 was lost.

     Rep. Cutler moved that the House do now reconsider the vote by which SB 185 was lost.

     The question being on Rep. Cutler's motion to reconsider the vote by which SB 185 was lost.

     And the roll being called:

     Yeas 41, Nays 25, Excused 3, Absent and Not Voting 1

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

Nays were:
Burg; Cerny; Chicoine; Clark; Davis; Engbrecht; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Sebert; Sutton (Daniel); Volesky; Waltman; Wilson

Excused were:
Fiegen; Patterson; Solum

Absent and Not Voting were:
Heineman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 185 was up for reconsideration and final passage.

SB 185: FOR AN ACT ENTITLED, An Act to create the South Dakota teacher forgivable loan program and to appropriate money therefor.

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

Rep. Cutler moved that SB 185 be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That § 13-16-6.4 be amended to read as follows:

13-16-6.4. Approval to enter into an agreement or issue capital outlay certificates to which § 13-16-6.3 applies is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within ~~twenty~~ thirty days thereafter, to have the question of approval or disapproval of the agreement or issue of capital outlay certificates or the lease-purchase agreement placed upon the ballot at the next regular election or at a special election called for that purpose. The business manager shall give notice of the fact that the question will be on the ballot at a regular or special election as provided by law for school elections and prepare official ballots therefor according to the provisions of this Title relating to elections and the issue shall be decided by ~~a majority~~ sixty percent of those voting thereon. "

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

The Speaker Pro tempore ruled the amendment germane.

Rep. Apa moved that Rep. Cutler's pending amendment to SB 185 be amended as follows:

Remove the overstrikes from "twenty" and delete " thirty ".

A roll call vote was requested and supported.

     The question being on Rep. Apa's motion that Rep. Cutler's pending amendment to SB 185 be amended.

     And the roll being called:

     Yeas 56, Nays 11, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel

Nays were:
Brooks; Diedrich (Larry); Duniphan; Eccarius; Fiegen; Heineman; Juhnke; Michels; Napoli; Young; Speaker Hunt

Excused were:
Patterson; Solum

Absent and Not Voting were:
Koehn

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Cutler's pending amendment was so amended.

The question being on Rep. Cutler's motion that SB 185 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 40, Nays 28, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Heineman; Hennies; Jaspers; Juhnke; Konold; Koskan; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Smidt; Sutton (Duane); Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Burg; Cerny; Clark; Davis; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Sebert; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber

Excused were:
Patterson; Solum

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 185 was so amended.

     The question being "Shall SB 185 pass as amended?"

     And the roll being called:

     Yeas 40, Nays 28, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Heineman; Hennies; Jaspers; Juhnke; Konold; Koskan; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Smidt; Sutton (Duane); Wetz; Wilson; Wudel; Young; Speaker Hunt

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.

The question being on the title.

Rep. Cutler moved that the title to SB 185 be amended as follows:

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise the provisions for certain school referenda. " .

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

February 24, 2000

The Honorable Roger Hunt
Speaker of the House
State Capitol
Pierre, South Dakota 57501

EXECUTIVE COMMUNICATION

Dear Mr. Speaker:

House Bill 1047, An Act to appropriate money for the USS South Dakota Battleship Memorial, has passed both house of the Legislature and is awaiting my signature.

Please extend my cordial invitation to all the members of the House who are veterans of the United States Navy, all the sponsors of House Bill 1047, and all the veterans of the United States Marine Corps who have kept the Navy afloat for the past 200 years, to join me for the official signing of the Act into law at 9:00 a.m., in the Governor's Reception Room, on Friday, February 25.

Semper Fi,
William J. Janklow

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1200 and the amendment thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1200 be amended as follows:

On page 2 , delete lines 8 to 11 of the Senate engrossed bill , inclusive , and insert:

" A school district may refuse to employ a person, either directly or by contract, who has been convicted of a crime involving moral turpitude as defined in subdivision 22-1-2(25).

No person may be employed by a school district, either directly or by contract, if the person has been convicted of a crime of violence as defined in subdivision 22-1-2(9), a sex offense as defined in § 22-22-30, or trafficking in narcotics.

Nothing in this section prohibits a school district from considering any criminal conviction in making a hiring decision. "

On page 2 , line 15 , delete " a " and insert " the same " .

Respectfully Submitted,                Respectfully Submitted,
Matthew Michels                        Kenneth D. Albers
Jeff Monroe                            Arnold M. Brown
Gil Koetzle
House Committee                        Senate Committee

The Conference Committee respectfully reports that it has considered SB 197 and the amendment thereto made by the House, and the disagreement of the two Houses thereon, and recommends that the House amendments be deleted thus restoring the bill to the Senate State Affairs engrossed version.

Respectfully Submitted,                Respectfully Submitted,
                                    M. Michael Rounds
Duane Sutton                        Jim B. Dunn
Gil Koetzle                            Charles E. Flowers
House Committee                        Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1020 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1096.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 30 and 60.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, February 25th, the 33rd legislative day.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

     The question being "Shall SB 41 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; 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; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Richter

Excused were:
Patterson; Peterson; Solum

Absent and Not Voting were:
Haley

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

SB 28: FOR AN ACT ENTITLED, An Act to provide payment of tuition costs to nonpublic education programs for students in governmental custody and to eliminate certain payments to educational programs operated by public school districts.

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

Rep. Cutler moved that SB 28 be amended as follows:

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

" Section 1. That § 13-32-4.3 be amended to read as follows:

13-32-4.3. If any student is under suspension or expulsion in a school district, the student may not ~~be transferred to another~~ enroll in any school district until the suspension or expulsion has expired. ~~The sending district shall notify, in writing, the receiving district of the suspension or expulsion upon request of the student's permanent school records by the receiving school.~~ The superintendent or school administrator of any school district may prohibit a student from enrolling in that school district if the student is under suspension or expulsion in a school in another state or in a nonpublic school in this state. Upon receiving a request for a student's permanent school records from the receiving district, the sending school shall provide the receiving district with written notice of any suspension or expulsion. "

Which motion prevailed and SB 28 was so amended.

     The question being "Shall SB 28 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, 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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Patterson; Solum

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 28 be amended as follows:

On page 1 , line 1 of the Senate Education committee engrossed bill , delete everything after " An Act to " and insert " clarify the effect of student suspension or expulsion on transfers. " .

On page 1 , delete lines 2 and 3 .

Which motion prevailed and the title was so amended.

     Rep. Koehn moved that the House do now reconsider the vote by which SB 108 was lost.

     The question being on Rep. Koehn's motion to reconsider the vote by which SB 108 was lost.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Burg; Cerny; Chicoine; Davis; Diedtrich (Elmer); Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Sutton (Daniel); Waltman; Weber; Wilson; Wudel

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

Excused were:
Patterson; Solum; Volesky

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1318 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

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

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

     And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1018, 1047, 1058, 1094, 1133, 1156, 1184, 1212, 1222, 1239, 1261, 1272, 1280, 1282, and 1308 were delivered to his Excellency, the Governor, for his approval at 10:05 a.m., February 24, 2000.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1031 approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor at 1:30 p.m., February 24, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

Rep. Richter moved that the House do now adjourn, which motion prevailed, and at 4:49 p.m. the House adjourned.

Karen Gerdes, Chief Clerk