JOURNAL OF THE SENATE

SEVENTY-FIFTH  SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 25, 2000

     The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of Allegiance led by Senate page Michael Eisenbraun.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

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

     Which motion prevailed and the report was adopted.
     There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


    SENATE PAGE RESOLUTION 4: Introduced by: Senators Albers, Benson, Bogue, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Moore, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Valandra, Vitter, and Whiting

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-fifth Legislature of the State of South Dakota to Akber Ameer, Jessica Buchholz, Ashley Miller Davis, Michael Eisenbraun, Benjamin Good, Monica Olsen, Mary (Maggie) Peters, Rebecca Rodgers, Elizabeth Russman, Suzanne Somsen, Taylor Trask, and Crystal Truax.

    WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fifth Legislature; and

    WHEREAS, the members of the Seventy-fifth Senate 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 Senate of the Seventy-fifth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each on this last day of service.

     Sen. Rounds moved that Senate Page Resolution No. 4 be adopted.

     The question being on Sen. Rounds' motion that Senate Page Resolution No. 4 be adopted.

     And the roll being called:

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

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

     Excused were:
Lange

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

COMMUNICATIONS AND PETITIONS


February 24, 2000



Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 42 and 83, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 5, 27, and 71 and finds the same correctly enrolled.


Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 165 was delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 25, 2000.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 28, 41, and 185 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 108 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Brosz moved that the Senate do concur in House amendments to SB 73.

     The question being on Sen. Brosz's motion that the Senate do concur in House amendments to SB 73.

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0

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

     Nays were:
Flowers; Kloucek; Moore; Staggers

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

     Sen. Madden moved that the Senate do concur in House amendments to SB 93.

     The question being on Sen. Madden's motion that the Senate do concur in House amendments to SB 93.

     And the roll being called:

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

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


     Nays were:
Moore

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

     Sen. Arnold Brown moved that the Senate do concur in House amendments to SB 124.

     The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 124.

     And the roll being called:

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

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

     Nays were:
Moore; Staggers

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

     Sen. Frederick moved that the Senate do not concur in House amendments to SB 41 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Frederick, Drake, and Moore.

     Sen. Everist moved that the Senate do not concur in House amendments to SB 28 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Rounds, and Moore.

     Sen. Halverson moved that the Senate do not concur in House amendments to SB 185 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Drake, and Olson.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

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

Respectfully,
Karen Gerdes, Chief Clerk

DISSENT OF THE ACTION OF THE LEGISLATURE


    Pursuant to Joint Rule 1-10, we wish to file a dissenting report on HB 1255. This bill if passed, will violate § 6-15-1, which is the limited effect of state mandates to provide new activities or services.

    This bill mandates a $1,000 payment by school boards for teachers who wish to get national accreditation. This bill is a noble gesture, but in our opinion, the $1,000 unfunded mandate is clearly illegal according to § 6-15-1.


Humbly submitted,
Senator Frank Kloucek                Senator Rebecca Dunn
Senator Robert Duxbury                Senator Charlie Flowers
Senator Gerry Lange                    Senator James Lawler
Senator Mel Olson

     Sen. Rounds moved that the Senate do now recess until 12:30 p.m., which motion prevailed and at 11:00 a.m., the Senate recessed.


RECESS

     The Senate reconvened at 12:30 p.m., the President presiding.


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 30, 60, 73, 93, 124, and 197 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 5, 23, 27, 71, 196, and 199 were delivered to his Excellency, the Governor, for his approval at 12:34 p.m., February 25, 2000.

Also MADAM PRESIDENT:

    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 SB 75, 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 12:34 p.m., February 25, 2000.    

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 30, 60, 197, 1096, 1139, and 1200.

Also MADAM PRESIDENT:

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

Also MADAM PRESIDENT:

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


Also MADAM PRESIDENT:

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

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES



MADAM PRESIDENT:

     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

     Sen. Whiting moved that the report of the Conference Committee on SB 141 be adopted.

     The question being on Sen. Whiting's motion that the report of the Conference Committee on SB 141 be adopted.

     And the roll being called:

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

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

     Nays were:
Flowers

     Excused were:
Dennert

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



Also MADAM PRESIDENT:

     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

     Sen. Paisley moved that the report of the Conference Committee on HB 1139 be adopted.

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

     And the roll being called:

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

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

     Excused were:
Dennert; Vitter

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


Also MADAM PRESIDENT:

     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


     Sen. Albers moved that the report of the Conference Committee on HB 1122 be adopted.

     The question being on Sen. Albers' motion that the report of the Conference Committee on HB 1122 be adopted.

     And the roll being called:
     Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0

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

     Nays were:
Flowers; Hainje

     Excused were:
Dennert; Dunn (Jim)

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


Also MADAM PRESIDENT:

     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 amendment and no new committee be appointed.

Respectfully submitted,                        Respectfully submitted,
Donald E. Munson                            Fred Whiting
Kristie K. Fiegen                                Don Brosz

House Committee                                Senate Committee

     Sen. Whiting moved that the report of the Conference Committee on SCR 6 be adopted.

     Sen. Kloucek moved as a substitute motion that the Senate do concur in House amendments to SCR 6.

     The President ruled that Sen. Kloucek's substitute motion was not in order.

     Sen. Kloucek moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SCR 6 and that a new committee be appointed.

     Sen. Halverson moved that Sen. Kloucek's substitute motion be laid on the table.

    Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Kloucek's substitute motion be laid on the table.

     And the roll being called:

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

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

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

     Excused were:
Dennert

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


     The question now being on Sen. Whiting's motion that the report of the Conference Committee on SCR 6 be adopted.

     And the roll being called:

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

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

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

     Excused were:
Dennert

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

    Sen. Rounds moved that the Senate do now recess until 2:45 p.m., which motion prevailed and at 1:45 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 2:45 p.m., the President presiding.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 141 and has appointed Reps. Hunt, Michels, and Lucas 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.

     The President appointed as such committee Sens. Whiting, Daugaard, and Lawler.


Also MADAM PRESIDENT:

    I have the honor to return herewith SB 208 which has passed the House without change.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1255 and 1257.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1122 and SCR 6.

Respectfully,
Karen Gerdes, Chief Clerk

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 208 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 30, 60, 73, 93, 124, and 197 were delivered to his Excellency, the Governor, for his approval at 3:00 p.m., February 25, 2000.

Respectfully submitted,
Harold Halverson, Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES



MADAM PRESIDENT:

     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 amendment 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


     Sen. Halverson moved that the report of the Conference Committee on SB 41 be adopted.

     Which motion prevailed, the report was adopted, and a new committee was appointed.

     The President appointed as such committee Sens. Frederick, Drake, and Moore.

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Tuesday, March 14, the 34th legislative day, subject to the concurrence with the House.

     Which motion prevailed.


SIGNING OF BILLS


     The President publicly read the title to

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

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

     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.

     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.

     And signed the same in the presence of the Senate.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

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

Also MADAM PRESIDENT:

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

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Frederick moved that the Senate do now adjourn, which motion prevailed, and at 3:55 p.m. the Senate adjourned.

Patricia Adam, Secretary