JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 25, 2000

     The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of Allegiance led by House page David Dodson.

     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-second day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Roger W. Hunt, Chair

     Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 75 as found on pages 624 and 625 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of SB 75 be approved?"

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 65, Nays 0, Excused 2, Absent and Not Voting 3

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

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
Derby; Koehn; Richter

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 208 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Mitch Richter, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 197 and HB 1200.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 73, 93, and 124.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 28 and has appointed Sens. Everist, Rounds, and Moore 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 41 and has appointed Sens. Frederick, Drake, and Moore 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 185 and has appointed Sens. Everist, Drake, 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.

Respectfully,
Patricia Adam, Secretary


     The Speaker appointed Reps. Eccarius, Smidt, 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 185.
     The Speaker appointed Reps. Cutler, Eccarius, and Cerny 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 28.

     The Speaker appointed Reps. Putnam, Richter, and Cerny 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 41.

MOTIONS AND RESOLUTIONS


    House Page Resolution 4: Introduced by: Representatives Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives     of the Seventy-fifth Legislature of the State of South Dakota to JoLeah Booth, Emily     Cromwell, David Dodson, Kodi Geigle, Laura Harmon, Callie Hollenbeck, Tiffany Jastorff,     Jennifer Munsterman, Merideth Pangburn, Chelsey Satrang, Angela Settje, Matthew     Stiegelmeier, and Nicholas Wendell.

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

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

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

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

     Rep. Cutler moved that House Page Resolution 4 be adopted.

     Which motion prevailed and the resolution was adopted.

     There being no objection, the House proceeded to Order of Business No. 10.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Wetz moved that the report of the Conference Committee on HB 1096 as found on page 838 of the House Journal be adopted.


     The question being on Rep. Wetz's motion that the report of the Conference Committee on HB 1096 be adopted.

     And the roll being called:

     Yeas 46, Nays 18, Excused 4, Absent and Not Voting 2

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

     Nays were:
Burg; Crisp; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Sutton (Daniel); Volesky; Waltman; Wilson

     Excused were:
Cutler; Patterson; Richter; Solum

     Absent and Not Voting were:
Koehn; Wudel

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1096 was adopted.

     Rep. Michels moved that the report of the Conference Committee on HB 1200 as found on pages 861 and 862 of the House Journal be adopted.


     The question being on Rep. Michels' motion that the report of the Conference Committee on HB 1200 be adopted.

     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; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Fryslie; Klaudt

     Excused were:
Cutler; Patterson; Richter; Solum

     Absent and Not Voting were:
Koehn

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1200 was adopted.

     Rep. Brooks moved that the report of the Conference Committee on SB 30 as found on page 839 of the House Journal be adopted.


     The question being on Rep. Brooks' motion that the report of the Conference Committee on SB 30 be adopted.

     And the roll being called:

     Yeas 59, Nays 2, Excused 6, Absent and Not Voting 3

     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; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Jaspers; Napoli

     Excused were:
Cutler; Lucas; McNenny; Patterson; Richter; Solum

     Absent and Not Voting were:
Hennies; Koehn; Weber

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 30 was adopted.

     Rep. Larry Diedrich moved that the report of the Conference Committee on SB 60 as found on pages 839 and 840 of the House Journal be adopted.


     The question being on Rep. Larry Diedrich's motion that the report of the Conference Committee on SB 60 be adopted.

     And the roll being called:

     Yeas 62, Nays 0, Excused 6, Absent and Not Voting 2

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

     Excused were:
Cutler; Lucas; McNenny; Patterson; Richter; Solum

     Absent and Not Voting were:
Hennies; Koehn

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 60 was adopted.

     Rep. Napoli moved that the report of the Conference Committee on SB 197 as found on page 862 of the House Journal be adopted.


     The question being on Rep. Napoli's motion that the report of the Conference Committee on SB 197 be adopted.

     And the roll being called:

     Yeas 60, Nays 4, Excused 4, Absent and Not Voting 2

     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; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Lockner; Napoli; Weber

     Excused were:
Lucas; McNenny; Patterson; Solum

     Absent and Not Voting were:
Hennies; Koehn

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 197 was adopted.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES


Cc1139
MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1139 and the amendment thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1139 be amended as follows:
    
     On page 1 , line 7 of the Senate Taxation committee engrossed bill , overstrike " sixteen dollars " and insert " thirteen dollars and ninety-three cents " .

     On page 1 , line 13 , delete " fifty-five " and insert " five " .

     On page 2 , line 2 , overstrike " seven dollars and " and insert " six dollars and fifty-two " .

     On page 2 , line 2 , delete " forty- " .
     On page 2 , line 3 , delete " one " .

     On page 2 , line 8 , delete " fifty-five " and insert " five " .

     On page 2 , after line 18 , insert:

     "Section 2. That § 13-37-35.1 be amended to read as follows:

     13-37-35.1.   Terms used in chapter 13-37 mean:

             (1)      "Level one disability," a mild disability;
             (2)      "Level two disability," a mental retardation or emotional disorder;
             (3)      "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;
             (4)      "Level four disability," autism;
             (5)      "Level five disability," multiple disabilities;
             (6)      "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;
             (7)      "Local effort," is the amount of taxes payable each year, using a levy for the special education fund of a school district of one dollar and thirty-five thirty cents per thousand dollars of taxable valuation;
             (8)      "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 1999, is $3,504. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (9)      "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 1999, is $7,914. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (10)      "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 1999, is $10,116. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (11)      "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 1999, is $14,705. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (12)      "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 1999, is $15,808. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (13)      "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to § §   13-37-1.1 and 13-37-46 submitted to the Department of Education and Cultural Affairs in accordance with rules promulgated pursuant to §   13-37-1.1;
             (14)      "Resident average daily membership," the average number of resident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year plus the average number of pupils for whom the district pays tuition and plus the average number of resident pupils enrolled in another school district under the provisions of §   13-28-40;
             (15)      "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education and cultural affairs for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;
             (16)      "Nonpublic average daily membership," the average number of kindergarten through twelfth grade pupils enrolled during the previous regular school year in all nonpublic schools located within the boundaries of the public school district plus the average number of children under age sixteen who are approved for alternative instruction pursuant to §   13-27-2 during the previous school year;
             (17)      "Special education average daily membership," resident average daily membership plus nonpublic average daily membership;
             (18)      "Local need," an amount to be determined as follows:
             (a)      Multiply the special education average daily membership by 0.089 and multiply the result by the allocation for a student with a level one disability;
             (b)      Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;
             (c)      Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;
             (d)      Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;
             (e)      Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;
             (f)      Sum the results of (a) through (e);
             (19)      "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.35 $1.30 . The maximum effort factor is 1.0.

     Section 3. Section 2 of this Act is effective January 1, 2001.
    
     Section 4. 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. "

     On page 1 , line 2 , after " district " insert " , to revise certain definitions, and to clarify the effect of student suspension or expulsion on transfers " .
    
Respectfully Submitted,                    Respectfully Submitted,
Steve Cutler                                Keith Paisley
Bill Napoli                                Dennis Daugaard
Deb Fischer-Clemens                        Mel Olson
House Committee                            Senate Committee


cc141

Also MR. SPEAKER:


     The Conference Committee respectfully reports that it has considered SB 141 and the amendment thereto made by the House, and the disagreement of the two Houses thereon, and recommends that SB 141 be amended as follows:
    
     On page 3 , line 21 of the House engrossed bill , delete " , the Government Operations and Audit Committee created in §  2-6-2, " .

     On page 3 , between lines 23 and 24 , insert:

"      Section 6. The Executive Board of the Legislative Research Council shall biennially appoint a South Dakota Corrections Committee to make a continuing study of the operation of the state's correctional system. The Corrections Committee shall be appointed biennially for terms expiring on January first of each succeeding odd-numbered year and shall serve until their respective successors are appointed and qualified. The Executive Board of the Legislative Research Council shall select a chair and vice chair. "


     On page 3 , line 25 , delete " Government Operations " and insert " Corrections Committee " .

     On page 4 , line 1 , delete " and Audit Committee " .

     On page 4 , line 5 , delete " any individual " and insert " , or any other personally identifiable information related to, any juvenile or any individual requesting assistance under this Act " .

     On page 4 , line 6 , delete " where otherwise prohibited by law " .

     On page 4 , line 6 , after " . " insert " The identity of the person making a report to the monitor shall be kept confidential. " .

     On page 4 , delete lines 9 to 25 , inclusive , and insert:

"      Section 10. The Legislative Research Council shall provide assistance to the Corrections Committee. "

     On page 5 , delete line 1 .
    
Respectfully Submitted,                Respectfully Submitted,
Matthew Michels                        Fred Whiting
J.P. Duniphan                        Dennis Daugaard
Larry Lucas                            Jim Lawler
House Committee                        Senate Committee

MOTIONS AND RESOLUTIONS


     Rep. Smidt moved that the House do concur in Senate amendments to HB 1255.

     Rep. Broderick moved as a substitute motion that the House do not concur in Senate amendments to HB 1255 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Rep. Cutler moved that action on HB 1255 be deferred until the House reconvenes.

     Which motion prevailed and action on HB 1255 was so deferred.


REPORTS OF CONFERENCE COMMITTEES
Cc1122b

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1122 and the amendment thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1122 be amended as follows:
    
     On page 1 , line 7 of the Senate engrossed bill , before " request " insert " written " .
    
     On page 1 , line 8 , after " to " insert " the owner within twenty-four hours of removing the motor vehicle. However, if the removal agency is unable to contact the owner, the removal agency shall report the removal to " .

    And that the title to HB 1122 be amended as follows:

     On page 1 , line 1 of the Senate engrossed bill , delete " a county sheriff or " and insert " certain persons " .
     On page 1 , line 2 , delete " chief of police " .

Respectfully Submitted,                Respectfully Submitted,
Kenneth G. McNenny Kenneth D. Albers
Thomas L. Hennies                    Eric H. Bogue
                                    Mel Olson
House Committee                        Senate Committee

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Cutler moved that the report of the Conference Committee on HB 1139 as found on pages 874 to 877 of the House Journal be adopted.


     The question being on Rep. Cutler's motion that the report of the Conference Committee on HB 1139 be adopted.

     And the roll being called:

     Yeas 62, Nays 0, Excused 6, Absent and Not Voting 2

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

     Excused were:
Cerny; McNenny; Patterson; Putnam; Richter; Solum

     Absent and Not Voting were:
Koehn; Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1139 was adopted.

     Rep. Lucas rose to a point of order that the title to HB 1139 needed to be amended.

    The Speaker stated that the title had been amended in the Conference Committee Report.

    Rep. Lucas requested that the Speaker instruct the conference committees to limit the scope of their amendments to a single subject.

     Rep. Cutler moved that the House do now recess until 1:30 p.m., which motion prevailed and at 12:04 p.m., the House recessed.

RECESS


     The House reconvened at 1:30 p.m. the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

cc6

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SCR 6 and the amendment thereto made by the House, and the disagreement of the two Houses thereon, and recommends that the Senate do not concur with the House amendments and no new committee be appointed.
    
Respectfully Submitted,                Respectfully Submitted,
Donald E. Munson                    Fred Whiting
Kristie K. Fiegen                        Don Brosz

House Committee                        Senate Committee

MOTIONS AND RESOLUTIONS


     The question being on Rep. Broderick's substitute motion that the House do not concur in Senate amendments to HB 1255 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion lost.

     The question being on Rep. Smidt's motion that the House do concur in Senate amendments to HB 1255.


     And the roll being called:

     Yeas 59, Nays 8, Excused 2, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; 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; Juhnke; Kazmerzak; Koehn; Koetzle; 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; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Broderick; Chicoine; Klaudt; Koskan; Napoli; Waltman; Weber

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
Jaspers

     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. Garnos moved that the House do concur in Senate amendments to HB 1257.

     The question being on Rep. Garnos' motion that the House do concur in Senate amendments to HB 1257.

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent and Not Voting 0

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

     Nays were:
Davis; Engbrecht; Fischer-Clemens; Hagen; Haley; Hennies; Klaudt; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Sutton (Daniel); Volesky; Wilson

     Excused were:
Patterson; Solum

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SCR 6.

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 141.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1122 and 1139.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. McNenny moved that the report of the Conference Committee on HB 1122 as found on pages 878 and 879 of the House Journal be adopted.


     The question being on Rep. McNenny's motion that the report of the Conference Committee on HB 1122 be adopted.

     And the roll being called:

     Yeas 55, Nays 12, Excused 2, Absent and Not Voting 1

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

     Nays were:
Burg; Clark; Davis; Fischer-Clemens; Haley; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Sutton (Daniel); Wilson

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
Weber

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1122 was adopted.

     Speaker Pro tempore Eccarius now presiding.

     Rep. Michels moved that the report of the Conference Committee on SB 141 as found on pages 877 and 878 of the House Journal be adopted.

     Rep. Hunt moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 141 and that a new committee be appointed.

    A roll call vote was requested and supported.

     The question being on Rep. Hunt's substitute motion that the House do not adopt the report of the Conference Committee on SB 141 and that a new committee be appointed.

     And the roll being called:

     Yeas 38, Nays 29, Excused 2, Absent and Not Voting 1

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

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

     Excused were:
Patterson; Solum

     Absent and Not Voting were:
McCoy

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

     The Speaker appointed as such committee Reps. Hunt, Michels, and Lucas.

     Rep. Donald Munson moved that the report of the Conference Committee on SCR 6 as found on page 880 of the House Journal be adopted.


     The question being on Rep. Donald Munson's motion that the report of the Conference Committee on SCR 6 be adopted.

     And the roll being called:

     Yeas 65, Nays 3, 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; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

     Nays were:
Koehn; Nachtigal; Wilson

     Excused were:
Patterson; Solum

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SCR 6 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Donald Munson moved that the report of the Conference Committee on SCR 6 as found on in the House Journal of the 33rd legislative day of the House Journal be adopted.


     The question being on Rep. Donald Munson's motion that the report of the Conference Committee on SCR 6 be adopted.

     And the roll being called:

     Yeas 65, Nays 3, 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; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

     Nays were:
Koehn; Nachtigal; Wilson

     Excused were:
Patterson; Solum

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

SECOND 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 second time.

     The question being "Shall SB 208 pass?"

     And the roll being called:

     Yeas 62, Nays 6, 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; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Klaudt; Koehn; Koetzle; Koskan; Nachtigal; Napoli

     Excused were:
Patterson; Solum

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

     Rep. Cutler moved that the House do now recess until 2:45 p.m., which motion prevailed and at 2:22 p.m., the House recessed.

RECESS


     The House reconvened at 2:45 p.m., the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES


Cc41a

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 41 and the amendment thereto made by the House, and the disagreement of the two Houses thereon, and recommends that the Senate do not concur with the House amendments and that a new committee be appointed.
    
Respectfully Submitted,                Respectfully Submitted,
J.E. "Jim" Putnam                    Randy D. Frederick
Mitch Richter                        Bob Drake

House Committee                        Senate Committee

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Richter moved that the report of the Conference Committee on SB 41 as found on page 887 of the House Journal be adopted.

     Which motion prevailed and the Speaker appointed Reps. Derby, Richter, and Burg as a new 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 41.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 41.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Frederick, Drake, and Moore as a new 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 SB 41.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate 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 on SB 141.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adjourned to reconvene at 11:00 a.m. on Tuesday, March 14, the 34th legislative day, subject to the concurrence of the House.

Respectfully,
Patricia Adam, Secretary

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


MOTIONS AND RESOLUTIONS

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 11 a.m. on Tuesday, March 14th, the 34th legislative day subject to the concurrence of the Senate.

     Rep. Lucas rose to a point of order that the legislative calendar is set by a Joint-Select Committee.

    The Speaker ruled the motion in order as it had the concurrence of the Senate.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1005, 1056, 1057, 1096, 1122, 1139, 1200, 1206, 1211, 1215, 1243, 1244, 1255, 1257, and 1312 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     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.

     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.

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

     HB 1096: FOR AN ACT ENTITLED, An Act to  assign responsibility related to certain infestations of noxious weeds or the mountain pine beetle.

     HB 1122: FOR AN ACT ENTITLED, An Act to  require a removal agency to notify certain persons after removing certain motor vehicles.

     HB 1139: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district, to revise certain definitions, and to clarify the effect of student suspension or expulsion on transfers.

     HB 1200: FOR AN ACT ENTITLED, An Act to  require criminal background checks of school employees and to prohibit employment of certain persons in schools.

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

     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.

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

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

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

     HB 1255: FOR AN ACT ENTITLED, An Act to  reimburse public school teachers who become nationally certified.

     HB 1257: FOR AN ACT ENTITLED, An Act to  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.

     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.

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

     SB 23: FOR AN ACT ENTITLED, An Act to  allow certain children to be included as a level two, three, four, or five disability for the purpose of calculating special education state aid.

     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.

     SB 30: FOR AN ACT ENTITLED, An Act to  revise the procedures and causes for revocation of certain hunting, fishing, and trapping privileges, and to provide a penalty.

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

     SB 71: FOR AN ACT ENTITLED, An Act to  remove certain restrictions relating to the use of school buses.

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

     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.

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

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

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

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

     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 1318 was delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 25, 2000.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1005, 1056, 1057, 1206, 1211, 1215, 1243, 1244, and 1312 were delivered to his Excellency, the Governor, for his approval at 1:35 p.m., February 25, 2000.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1096, 1122, 1139, 1200, 1255, and 1257 were delivered to his Excellency, the Governor, for his approval at 3:55 p.m., February 25, 2000.

Respectfully submitted,
Roger W. Hunt, Chair


     Rep. Duane Sutton moved that the House do now adjourn, which motion prevailed, and at 3:53 p.m. the House adjourned.

Karen Gerdes, Chief Clerk