The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Lynnsey Anderson.

     Roll Call: All members present.

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-sixth day.

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

     And we hereby move the adoption of the report.

"      Section  1.  There is hereby created the Board of Postsecondary Vocational Education. The board shall consist of five members appointed by the Governor, and confirmed by the Senate as follows: two members shall represent the various businesses and industries in South Dakota; two members shall represent education; and one member shall be an at-large member. All members shall be South Dakota residents and shall serve four-year terms. No member may serve more than two consecutive full terms. No more than three members of the board may be of the same political party.

     Section  2.  If a vacancy occurs as provided in §  3-4-1, the Governor shall appoint a member to fill the vacancy, and the appointee shall serve for the balance of the unexpired term, unless the Senate at the next legislative session fails to confirm the appointee. If the Senate fails to confirm the interim appointee, the appointee shall serve until the last day of March and then a new appointee shall be named by the Governor to serve what remains of the term.

     Section  3.  The Board of Postsecondary Vocational Education shall meet at least four times a year. At its first meeting, and then annually thereafter, the board shall elect, from among its members, a president, whose term of office shall be one year. The affirmative vote of a majority of the members of the board is required for official actions. The board shall record its minutes, which are open to the public. Meetings of the board are open meetings as per chapter 1-25. Any member of the board may administer oaths and examine witnesses whenever necessary in the performance of the duties of the board.

     Section  4.  The Board of Postsecondary Vocational Education shall have control of the public postsecondary technical institutes defined in chapter 13-39, and is established within the Department of Education and Cultural Affairs. The board shall be classified as a management board for purposes of per diem and expenses pursuant to §  4-7-10.4.

     Section  5.  The Board of Postsecondary Vocational Education shall appoint an executive director of postsecondary vocational education, who shall be a full-time employee of the board. The executive director shall have a graduate degree from a recognized college or university and shall, by training and experience, be familiar with the operations and problems of postsecondary

vocational institutions. The executive director shall have general control and supervision over postsecondary vocational education, and shall carry out the directives of the board and be under the board's general jurisdiction and supervision.

     Section  6.  That § 13-49-1 be amended to read as follows:

     13-49-1.   The control of the public postsecondary educational institutions of the state offering college credit which are sustained wholly or in part by the state , excluding postsecondary technical institutes defined in chapter 13-39, shall be vested in a board of nine members, designated as the board of regents. The members shall be appointed by the Governor, by and with the consent of the Senate.

     Section  7.  That § 13-39-1.2 be amended to read as follows:

     13-39-1.2.   Terms used in this chapter, mean:

     13-3-1.4.   Subject to policies established by the South Dakota Board of Education, the secretary of the Department of Education and Cultural Affairs has general supervision over all accredited elementary and secondary schools and postsecondary technical institutes in the state, including adult secondary vocational education, kindergarten, preschool, and summer schools.

     Section  9.  That § 13-1-12.1 be amended to read as follows:

     13-1-12.1.   The South Dakota Board of Education shall adopt rules pursuant to chapter 1-26 to establish standards for the classification and accreditation of schools within this state, to establish standards for preparation of certified personnel, to set forth procedures for determining the eligibility of school districts to receive state foundation aid effective January 1, 1997, to adopt policies and rules necessary to establish standards and procedures for vocation-technical secondary vocational education and to establish minimum curriculum requirements for all public and nonpublic schools within the state.

     Section  10.  That § 13-39-8 be amended to read as follows:

     13-39-8.   Notwithstanding §   13-15-2, the general control and supervision over secondary vocational education as provided in this chapter is the duty of the director of secondary vocational education under the direction of the secretary of the Department of Education and Cultural Affairs.

     Section  11.  That § 13-39-9 be amended to read as follows:

     13-39-9.   The director of secondary vocational education has general control and supervision over all secondary vocational education in all public secondary schools , public postsecondary institutions not under the control of the board of regents and all other vocational education functions assigned to him by the secretary of the Department of Education and Cultural Affairs.

     Section  12.  That § 13-39-12 be amended to read as follows:

     Section  13.  That § 13-39-13 be amended to read as follows:

     13-39-13.   The secretary of the Department of Education and Cultural Affairs and the executive director of postsecondary vocational education may enter into contracts and agreements with any agency of the United States government or any agency of the state government or its political subdivisions for the purpose of vocational education, receive grants of federal funds for vocational education and expend those funds under rules adopted , respectively, by the South Dakota Board of Education or the Board of Postsecondary Vocational Education pursuant to chapter 1-26.

     Section  14.  That § 13-39-18 be amended to read as follows:

     13-39-18.   The executive director of postsecondary vocational education shall submit all requests for new programs from the postsecondary technical institutes in the state to the state board Board of Postsecondary Vocational Education for action.

     Section  15.  That § 13-39-19 be amended to read as follows:

     13-39-19.   The secretary of the Department of Education and Cultural Affairs may distribute funds appropriated to him by the Legislature , or granted by any federal agency to the state , in accordance with chapter 4-8B, for vocational education in public secondary and postsecondary technical institutes schools in the state in accordance with a state plan or plans adopted by the South Dakota Board of Education. The executive director of postsecondary vocational education may distribute funds appropriated or granted, in accordance with chapter 4-8B, for postsecondary vocational education in accordance with plans by the Board of Postsecondary Vocational Education. The aid disbursed to the different schools and technical institutes of the state and all expenses incurred in the administration of the provisions of any federal acts relating to vocational education shall be paid out of the funds of the secretary or the executive director appropriated for that purpose and from the federal funds allotted to the State of South Dakota for similar purposes. The state treasurer is the custodian of all money paid to the state from federal appropriations for the purpose of vocational education, and shall disburse the funds on warrants issued by the state auditor upon vouchers approved by the director of secondary vocational education or the executive director of postsecondary vocational education . The secretary of the Department of Education and Cultural Affairs shall authorize the director of secondary vocational education to submit vouchers to the state auditor for the amount payable as state and federal aid to each school approved under the provisions of this chapter. The executive director of postsecondary vocational education shall submit vouchers to the state auditor for the amount payable as state and federal aid to each technical institute approved under the provisions of this chapter. Upon receipt of the vouchers, the state auditor shall draw warrants on the state treasury in favor of the treasurer or business manager of the public secondary and school or postsecondary technical institute for the sum approved by the secretary or executive director .

     13-39-21.   The director of secondary vocational education and the executive director of postsecondary vocational education shall prescribe a uniform system for gathering and reporting vocational education data.

     Section  17.  That § 13-39-27 be amended to read as follows:

     13-39-27.   For the purposes of providing vocational education, all LEAs of this state may establish, in cooperation with the division Department of Education and Cultural Affairs or the Board of Postsecondary Vocational Education , a vocational department, classes or facilities for vocational education, as provided in this chapter, under terms and conditions agreed upon. Any LEA board may enter into any agreement to provide vocational education. An agreement made pursuant to this section is not subject to the limitation of the tuition law. An LEA may expend its money for vocational education.

     Section  18.  That § 13-39-28 be amended to read as follows:

     13-39-28.   Anyone who may profit from the vocational education course to which the person applies may be enrolled upon application and acceptance in accordance with the provisions of § §   13-39-1.2 to 13-39-29, inclusive, and as prescribed by the South Dakota Board of Education or the Board of Postsecondary Vocational Education .

     Section  19.  That § 13-39-29 be amended to read as follows:

     13-39-29.   The secretary of the Department of Education and Cultural Affairs, through the director, and the executive director of postsecondary vocational education may receive, acquire, have charge of, and operate all properties for the purposes authorized in this chapter. The secretary or executive director may acquire by gift, subject to the provisions of §   5-24-12, or purchase real and personal property for the use of vocational education and may dispose of or transfer the same whenever the purposes of this chapter are benefited. The Neither the executive director or the secretary may not purchase, lease, sell, encumber , or alienate any real property without the consent and prior approval of the Legislature.

     Section  20.  That § 13-39-34 be amended to read as follows:

     13-39-34.   Any LEA proposing to operate a postsecondary technical institute or establish an existing postsecondary technical institute as a separate legal entity may petition the state Board of Postsecondary Vocational Education pursuant to § §  13-39-35 to 13-39-36, inclusive. The state board may conduct hearings, investigate school records, and secure other data relating to the proposed postsecondary technical institute, its geographical location, the demography and economy of the area, and any other facts relating to the proposed postsecondary technical institute which the state board may consider appropriate.

     Section  21.  That § 13-39-35 be amended to read as follows:

     13-39-35.   If the South Dakota board of education Board of Postsecondary Vocational Education finds that the classification petitioned for would further the educational interests of

the state, more nearly equalize the educational opportunities in certain phases of technical education to persons in this state who are of the age and maturity to pursue study in preparation for entering the labor market, be of potential benefit to persons in all communities of the state, and is otherwise in accordance with the plans of the state board, it may recommend the petition be approved by the Legislature.

     Section  22.  That § 13-39-35.2 be amended to read as follows:

     13-39-35.2.   The joint resolution passed pursuant to §   13-39-35.1 shall specify the duties and powers of a the postsecondary technical institute. The resolution may also specify the procedure for selecting members of the governing board, which may include local elections for such members. A school established pursuant to §   13-39-35.1 may be a distinct legal entity separate and apart from the school district or districts which established it.

     Section  23.  That § 13-39-36 be amended to read as follows:

     13-39-36.   If the petition is approved by the Legislature, the LEA may establish the proposed school and the state board Board of Postsecondary Vocational Education shall classify the school as a postsecondary technical institute. The state board shall conduct general supervision as provided in §   13-39-37 and in the rules adopted pursuant to chapter 1-26 by the state board.

     Section  24.  That § 13-39-37 be amended to read as follows:

     13-39-37.   The South Dakota board of education Board of Postsecondary Vocational Education may adopt rules pursuant to chapter 1-26, to be administered by the executive director, governing the operation and maintenance of postsecondary technical institutes which will afford the people of the state, insofar as practicable, an equal opportunity to acquire a public technical education. The rules may provide for the following:

and resources and shall provide that failure to comply with the rules may result in withholding of payments from federal and state funds;

     13-39-38.   The secretary of education and cultural affairs executive director of postsecondary vocational education shall apportion and distribute funds made available for postsecondary technical institutes through a formula approved by the South Dakota Board of Education Board of Postsecondary Vocational Education to the LEAs having jurisdiction over postsecondary technical institutes to assist in maintaining and operating those schools. The use of the funds are subject to rules adopted by the state board pursuant to subdivision 13-39-37(3) and in accordance with the approved state plan for vocational education.

     Section  26.  That § 13-39-39 be amended to read as follows:

     13-39-39.   The division executive director of postsecondary vocational education shall distribute funds to the postsecondary technical institutes under the provisions of §   13-39-38 from money appropriated to the division for that purpose, and from federal funds allotted to the State of South Dakota for that purpose.

     Section  27.  That § 13-39-41 be amended to read as follows:

     13-39-41.   The school boards of two or more school districts may submit to the South Dakota Board of Education a proposed plan to establish a multidistrict center. The proposal shall be consistent with the state plan for secondary vocational education and shall meet the rules as adopted by the state board pursuant to chapter 1-26.

     Section  28.  That § 13-39-45 be amended to read as follows:

     13-39-45.   If four or less school districts comprise a multidistrict center and if enrollment within the school districts is insufficient to provide five members in accordance with §   13-39-44, the boards of the school districts shall agree upon the number and manner of selection of members of the center board and shall submit their plan of selection for approval or disapproval to the state board South Dakota Board of Education pursuant to §   13-39-41.

     Section  29.  That § 13-39-48 be amended to read as follows:

     Section  30.  That § 13-39-53 be amended to read as follows:

     13-39-53.   Multidistrict centers are subject to the rules adopted by the state board South Dakota Board of Education pursuant to chapter 1-26 and to applicable statutory requirements of school districts. A center board has the same power, authority, responsibility, and obligations as a school board, except for the authority to levy taxes and to issue bonds. South Dakota statutes relating to educational financial activities and other educational activities apply to multidistrict centers unless otherwise prohibited by § §   13-39-41 to 13-39-64, inclusive.

     Section  31.  That § 13-39-60 be amended to read as follows:

     13-39-60.   A school board by resolution may request that the center board approve the school district as a participating district in an established multidistrict center. A center board may require, as a condition of participation, payment of a fee not exceeding the applying school district's pro rata share of all capital outlay expenditures, excluding state and federal reimbursement from the state board South Dakota Board of Education , made by the center board prior to the application for membership by the applying district. The school board shall publish the resolution once in the official newspaper of that district.

     Section  32.  That § 13-39-66 be amended to read as follows:

     13-39-66.   Any LEA may enter into lease-purchase agreements with the Health and Educational Facilities Authority or the secretary of education and cultural affairs executive director of postsecondary vocational education for capital improvements for the design, acquisition, construction, equipping or improvement of facilities the LEA considers necessary or appropriate. In addition, the secretary executive director may enter into any lease-purchase agreement of such facilities either with an LEA or the health and educational facilities authority.

     Section  33.  That § 13-39-67 be amended to read as follows:

     13-39-67.   A lease-purchase agreement authorized by §   13-39-66 may be for a term of no more than thirty years, shall be approved by the LEA board on behalf of the LEA, may provide for the simultaneous conveyance of existing facilities to be leased-back with the improvements and other property being financed, may provide for all right, title , and interest of the authority to be conveyed to the LEA or the secretary of education and cultural affairs executive director of postsecondary vocational education upon payment or other discharge of the bonds issued

therefor, and may contain such other provisions as the authority and the state board Board of Postsecondary Vocational Education determine necessary or appropriate to secure payment of amounts due under such agreements. No other statute may limit or otherwise restrict the power and authority of an LEA or the secretary executive director to enter into such a lease-purchase agreement or govern the procedure by which such agreement is authorized.

     Section  34.  That § 13-39-68 be amended to read as follows:

     13-39-68.   The secretary of education and cultural affairs executive director of postsecondary vocational education may contract with or enter into other agreements with the South Dakota Health and Educational Facilities Authority, one or more LEAs, the state treasurer or others in order to pledge or otherwise transfer all or any portion of tuition and other student fees subject to deposit in the tuition subaccount in order to secure payments by any LEA or the secretary executive director under a lease-purchase agreement with the authority. Any such contract or other agreement may also provide for the release from such pledge and lien of such amounts as are deemed not to be necessary for payment of amounts currently due and owing under lease-purchase agreements. Any such pledge of such tuition and other student fees shall be valid and binding from the time when the pledge is made. The amount of tuition and other fees so pledged and thereafter received shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against the LEAs and any other persons having claims of any kind in tort, contract, or otherwise against the LEA, the secretary executive director , the authority, the state treasurer or any other person, irrespective of whether such persons have notice thereof. Neither the contract nor any other agreement or instrument by which a pledge is created need to be recorded.

     Section  35.  That § 13-39-69 be amended to read as follows:

     13-39-69.   There is created in the state treasury a separate trust fund on behalf of the secretary of education and cultural affairs to be on deposit with the state treasurer, such fund executive director of postsecondary vocational education to be designated the vocational education facilities fund. The fund established hereby shall consist of all appropriations by the state Legislature specifically designated for deposit therein and any other moneys designated for deposit therein, including any investment earnings thereon. The treasurer may create subfunds or accounts within the trust fund created under this section as the treasurer considers necessary. Any earnings from the investment of such fund may be transferred annually by the state treasurer to the tuition subaccount established by §   13-39-70.

     Section  36.  That § 13-39-70 be amended to read as follows:

     13-39-70.   There is hereby created within the vocational education facilities fund of the secretary of education and cultural affairs a tuition subaccount. The secretary executive director of postsecondary vocational education may determine and require that all or any portion of the tuition and other student fees payable to an LEA shall be deposited in the subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other than to pay lease rentals or other amounts due and owing in connection with any lease-purchase agreement authorized under § §   13-39-66 and 13-39-67 unless and until the Health and Educational Facilities Authority files with the state treasurer a certification that it has on deposit or there has otherwise been appropriated sufficient moneys to pay all amounts due or to become due within

the next three months on all such lease-purchase agreements. Thereafter, the state treasurer shall retain in the vocational education facilities fund for future repair and improvement as authorized by the Legislature such amounts, not to exceed ten percent thereof, as the secretary executive director shall direct.

     Section  37.  That § 13-39-71 be amended to read as follows:

     13-39-71.   All or any portion of the lease-purchase obligations under or in connection with any lease-purchase agreement authorized under § §   13-39-66 and 13-39-67 may be paid or discharged out of moneys available from the investment earnings on the vocational education trust fund or from any amounts on deposit in the tuition subaccount of such fund upon the determination by the secretary of education and cultural affairs executive director of postsecondary vocational education to pledge or otherwise transfer such amounts to the Health and Educational Facilities Authority.

     Section  38.  That § 13-39-72 be amended to read as follows:

     13-39-72.   An LEA operating an approved postsecondary vocational school may award an associate in applied sciences degree. The state board Board of Postsecondary Vocational Education may promulgate rules pursuant to chapter 1-26 providing for approval of programs in postsecondary vocational education schools leading to an associate in applied science degree. In approving any program, the state board shall consider curriculum, required hours, quality of instruction, minimum standards for entry into the programs and standards for program completion.

     Section  39.  That § 13-39-17.1 be amended to read as follows:

     13-39-17.1.   The division Department of Education and Cultural Affairs, on behalf of the Board of Postsecondary Vocational Education, may collect fees for credentialing postsecondary technical vocational teachers. The division shall credit all funds generated by these fees shall be deposited to a fund known as the postsecondary technical vocational credentialing fund to be administered by the state treasurer. A Any payment from this fund is may only be by voucher submitted to the state treasurer and is limited to promulgation of rules, forms, and incidental administrative costs associated with the credentialing of postsecondary technical vocational teachers.

     Section  40.  That § 33-6-6 be amended to read as follows:

     33-6-6.   Any member of the National Guard of the State of South Dakota, who is a resident of the State of South Dakota and who possesses the entrance requirements for admission to any postsecondary vocational program, is entitled to complete one program of study approved by the state Board of Education Board of Postsecondary Vocational Education in any state postsecondary vocational education institution upon payment of fifty percent of the tuition charges. The remaining tuition shall be paid by the Department of Military and Veterans Affairs out of funds appropriated for the purpose of paying fifty percent of the tuition.

     Section  41.  That § 13-53-44 be amended to read as follows:

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1279, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1208 and returns the same with the recommendation that said bill be amended as follows:

"reimbursement of complete and valid claims shall continue until approved, denied, or settled. Any No claim for reimbursement from the subsequent injury fund shall may be filed by June 30, 1999. Only those claims timely filed with the division by June 30, 1999, pursuant to the requirements of §  62-4-34.1 in effect prior to July 1, 1999, and completed by October 1, 1999, pursuant to the requirements set forth in §  62-4-34.4 in effect prior to July 1, 1999, shall be eligible for reimbursement from the subsequent injury fund. Any claim timely filed by June 30,

1999, and completed by October 1, 1999, based on a subsequent injury that occurs on or after July 1, 2001. Any claim for reimbursement filed as set forth in this section , shall be approved or denied by the division pursuant to the".

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1278 and returns the same with the recommendation that said bill be amended as follows:

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1207 and 1210 and tabled the same.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1190 and 1212 which were deferred to the 41^st Legislative Day.

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1195 and returns the same with the recommendation that said bill be amended as follows:

"      Section 1. That § 36-12-2 be amended to read as follows:

     36-12-2.   The following persons shall not be considered to be engaging in the practice of veterinary medicine in this state:

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1214 and 1290 which were deferred to the 41^st Legislative Day.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill be amended as follows:

"      Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     Section 2. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1295 and returns the same with the recommendation that said bill be amended as follows:

"      Section 1. Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive wine from another state as provided in this section if a reciprocal agreement exists between this state and the state from which the wine is sent. The person shall place an order with a package dealer as defined in § 35-1-1 on a form prescribed by the Department of Revenue. The package dealer shall inform the purchaser of the cost of the wine, the amount of any tax that would apply to the purchase pursuant to § 35-5-3, the amount of sales tax that would apply to the purchase, and the amount of any charges for freight and handling. The package dealer may order the wine and shall provide the wine to the purchaser on receipt of payment for the cost of the wine and the taxes and freight and handling charges associated with the purchase. Wine purchased pursuant to this Act may only be delivered and received by the purchaser from a package dealer as defined in § 35-1-1. No registration fee pursuant to chapter 39-13 may be imposed on any purchase of wine made pursuant to this section. No person may receive more than twelve cases of wine, containing no more than nine liters per case, in any calendar year for personal use from another state under this Act. No person who receives wine under this Act may resell any of the wine. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to provide for the reporting and tracking of information related to the sale of wine under this Act and to prescribe forms for the implementation of this Act.

     Section 2. Any licensee who holds a license for the retail sale of wine for consumption off the licensed premises may ship no more than twelve cases of wine per shipment. A case may contain no more than nine liters per case in any one shipment. Any wine sold may only be for personal use and not for resale. The wine may only be sold directly to a resident of another state if the state to which the wine is sent allows residents of the state to receive wine sent from outside that state. The sale is considered to have occurred in this state.

     Section 3. Any container of wine being shipped into or out of this state shall be clearly labeled to indicate that it contains alcoholic beverages and that it may not be delivered to a person who is not at least twenty-one years of age or to a person who is visibly intoxicated."

    The Committee on Taxation respectfully reports that it has had under consideration HB 1164 which was deferred to the 41^st Legislative Day.

    I have the honor to transmit herewith SB 19, 146, 219, and 228 which have passed the Senate and your favorable consideration is respectfully requested.

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

     Which motion was supported and the committee was so instructed.

dollars ($400,000) to each of the nonprofit corporations operating the horse tracks in or near Fort Pierre and Aberdeen by February 1, 2002, and again by February 1, 2003.".

"      Section 7. The Commission on Gaming on or about July 15, 2001, shall transfer one hundred twenty-five thousand dollars from the special racing revolving fund and one hundred twenty-five thousand dollars from the South Dakota-bred racing fund to the Department of Social Services to provide grants to qualifying contractors according to the provisions of § §  25- 10-26 to 25-10-33, inclusive.

     Section 8. There is hereby appropriated the sum of two hundred fifty thousand dollars ($250,000), of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services for the expenditure of funds provided in section 1 of this Act.

     Section 9. The secretary of social services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 10. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2002, shall revert in accordance with §  4-8-21.

     Section 11. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

    A roll call vote was requested and supported.

     The question being on Rep. Duane Sutton's motion that HB 1285 be further amended.

     And the roll being called:

     Yeas 49, Nays 21, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Lange; Lintz; Madsen; McCoy; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Rhoden; Sigdestad; Slaughter; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman

     Nays:
Brown (Richard); Derby; Duniphan; Hansen (Tom); Heineman; Jaspers; Juhnke; Koistinen; Konold; Kooistra; McCaulley; Michels; Peterson (Bill); Pummel; Richter; Sebert; Smidt; Solum; Van Gerpen; Wick; Speaker Eccarius

     And the roll being called:

     Yeas 30, Nays 39, Excused 1, Absent 0

     Yeas:
Adelstein; Begalka; Burg; Clark; Duniphan; Elliott; Frost; Glenski; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Kloucek; Lange; McCaulley; McCoy; Peterson (Bill); Peterson (Jim); Pitts; Pummel; Sigdestad; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Davis; Derby; Duenwald; Flowers; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Rhoden; Richter; Sebert; Slaughter; Teupel; Valandra

     Excused:
Bradford

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

    The Committee on Commerce respectfully reports that it has had under consideration SB 3 and 74 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1253 and returns the same with the recommendation that said bill be amended as follows:

"

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1269 and 1281 which were deferred to the 41^st Legislative Day.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill be amended as follows:

"      Section 2. The appropriation in section 1 of this Act is contingent upon Tripp County providing thirty-five thousand dollars ($35,000) for the purpose of the Hamill Dam restoration project.

     Section 3. The appropriation in section 1 of this Act is contingent on the Department of Game, Fish and Parks entering into agreements such that the South Dakota fishing and hunting licenses are honored on Hamill Dam waters and on lands within one mile of Hamill Dam waters and that free public access is obtained. The agreements required by this section shall be in effect for ninety-nine years.".

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1271 and returns the same with the recommendation that said bill be amended as follows:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1296 and returns the same with the recommendation that said bill be amended as follows:

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1162 which was deferred to the 41^st Legislative Day.

     Nays:
Kloucek; Koistinen; Kooistra; Richter

     Excused:
Bradford

     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.

     Which motion prevailed.

     Absent:
Abdallah

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

     Excused:
Adelstein; Bradford; Clark

     Absent:
Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the word "not" was stricken and HB 1226 was placed on tomorrow's calendar.