JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 16, 2001

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House page Polly Haywood.

     Roll Call: All members present except Rep. Napoli who was 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 twenty-seventh day and finds the following correction should be made:

    On page 534, delete lines 24 to 29, inclusive, and insert:

"MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1226, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1226cb

     On page 1, line 10 of the printed bill, after " Regents. " insert "In addition, the Department of Education and Cultural Affairs shall provide the same lists of students to accredited private colleges in the state, upon written request.".
     And that as so amended said bill do not pass.

Respectfully submitted,
Scott Eccarius, Chair"

     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,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.

HOUSE PAGE RESOLUTION

    House Page Resolution 3: Introduced by: Representatives Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

         A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Seventy-sixth Legislature of the State of South Dakota to Lynnsey Anderson, Trevor Christiansen, Polly Haywood, Megan Huxtable, Rebecca Iverson, Andrea Kimball, Lori Mack, Rita Murray, Elizabeth Pajl, Sara Pillatzki, Lyndsie Plooster, Heidi Seyer, Betsy Somsen, and Clark Wismer.

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

    WHEREAS, the members of the Seventy-sixth 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-sixth 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. Bill Petersen moved that House Page Resolution 3 be adopted.


    Which motion prevailed and the resolution was adopted.

MOTIONS AND RESOLUTIONS

     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of receiving and considering the reports of the Education Committee.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of receiving and considering the reports of the Education Committee.

     And the roll being called:

     Yeas 49, Nays 19, Excused 1, Absent 1

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Napoli

     Absent:
Kloucek

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1206 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill be amended as follows:

1258dc
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 13-13-10.1 be amended to read as follows:

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

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

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

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

             (a)      For districts with an average daily membership of two hundred or less and a general fund balance percentage of forty percent or less , multiply 1.2 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred and a general fund balance percentage of forty percent or less , raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more or a general fund balance percentage of more than forty percent , multiply 1.0 times their average daily membership;

             (2A)    "General fund balance percentage," is a school district's ending general fund cash balance for the previous school fiscal year divided by the school districts total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent ;

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

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

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

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

     Section 2. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

     The secretary of the Department of Education and Cultural Affairs shall determine the reduction in state aid to education to school districts resulting from school districts having a general fund balance percentage greater than forty percent. The secretary of the Department of Education and Cultural Affairs shall distribute the amount of money so determined on a pro rata basis according to the school districts' average daily membership to school districts with a general fund balance percentage of less than twenty percent."

1258dta

     On page 1 , line 1, delete everything after " An Act to " and insert "revise the distribution of state aid to education.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1165 and 1226 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

 Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 28 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 30, 79, and 83 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Bill Peterson, Chair

 Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 244 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 245 and returns the same with the recommendation that said bill be amended as follows:

245jb
     On page 1, line 13 of the Senate engrossed bill, delete " The principal in " .

     On page 1 , delete line 14 .

     On page 2 , line 1, delete " Legislature. " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

 Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gordon R. Pederson, Chair
Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 203 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jarvis W. Brown, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1132, 1174, 1188, 1225, and 1254 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 20, 52, 66, 165, 187, 222, 225, 248, and 253 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that HCR 1004 and HCR1015 be deferred to Tuesday, February 20th, the 29th legislative day.

     Which motion prevailed and the resolutions were so deferred.

     Rep. Konold moved that the House do concur in Senate amendments to HB 1083.

     The question being on Rep. Konold's motion that the House do concur in Senate amendments to HB 1083.

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Gillespie; Hundstad; Valandra

     Excused:
Napoli

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

     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1092.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1092.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Michels; Napoli

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

     Rep. Thomas Hennies moved that the House do not concur in Senate amendments to HB 1110 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 prevailed and the Speaker appointed as such committee Reps. Thomas Hennies, McCaulley, and Gillespie.

     Yesterday, Rep. Frost announced his intention to reconsider the vote by which HB 1155 was lost.

     Rep. Frost moved that the House do now reconsider the vote by which HB 1155 was lost.

     The question being on Rep. Frost's motion to reconsider the vote by which HB 1155 was lost.

     And the roll being called:

     Yeas 27, Nays 40, Excused 3, Absent 0

     Yeas:
Adelstein; Begalka; Burg; Clark; Duniphan; Elliott; Frost; Glenski; Hansen (Tom); Hargens; Holbeck; Hundstad; Hunhoff; Kooistra; Lange; McCoy; Peterson (Bill); Pitts; Rhoden; 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; Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lintz; Madsen; McCaulley; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Richter; Sebert; Sigdestad; Slaughter; Teupel; Valandra

     Excused:
Bradford; Michels; Napoli

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

     HCR 1016   Introduced by:  Representatives Kloucek and Klaudt and Senator Staggers

         A CONCURRENT RESOLUTION,  Requesting national referenda to consider the termination of mandatory agricultural checkoff programs.

     WHEREAS,  mandatory commodity checkoffs taken from farmers to fund commodity organizations have weakened the family farm economically and politically while serving to advance the interests of corporate industrial agriculture; and
     WHEREAS,  commodity organizations receiving the mandatory checkoff taxes have usurped the voice of the family farmer in the halls of Congress, the USDA, and state government. These organizations have weakened the powers of local units of government and promoted packer ownership of swine and the continuation of the mandatory checkoff taxes themselves:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that national referenda of producers be held on the termination of each and every mandatory checkoff program at the soonest possible date, and no later than August 2002, starting with the beef checkoff referendum; and that Congressional and White House policy makers be advised that family farmers must be represented in strength in all Farm Bill negotiations, at least equal in number to the representation of commodity organizations.

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

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the reports of the Standing Committee on

     Education on HB 1258 as found on pages 548 and 549 of the House Journal; also

     State Affairs on HB 1263 as found on pages 508 to 518 of the House Journal ; also

     State Affairs on HB 1279 as found on page 518 of the House Journal ; also

     State Affairs on HB 1208 as found on pages 518 and 519 of the House Journal ; also

     State Affairs on HB 1278 as found on page 519 of the House Journal ; also

     Agriculture and Natural Resources on HB 1195 as found on pages 520 and 521 of the House Journal ; also

     Taxation on HB 1153 as found on pages 521 and 522 of the House Journal ; also

     Taxation on HB 1163 as found on pages 522 and 523 of the House Journal ; also

     Taxation on HB 1295 as found on page 523 of the House Journal ; also

     Commerce on HB 1253 as found on pages 531 and 532 of the House Journal ; also

     Appropriations on HB 1232 as found on pages 532 and 533 of the House Journal ; also

     Appropriations on HB 1255 as found on page 533 of the House Journal ; also

     Appropriations on HB 1271 as found on page 533 of the House Journal ; also

     Appropriations on HB 1296 as found on page 534 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Richard Brown moved that the word "not" be stricken from the report of the Committee on Education on HB 1152 as found on page 524 of the House Journal and that HB 1152 be placed on today's calendar.

     The question being on Rep. Richard Brown's motion that the word "not" be stricken from the report of the Committee on Education on HB 1152 as found on page 524 of the House Journal and that HB 1152 be placed on today's calendar.

     And the roll being called:

     Yeas 45, Nays 22, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Teupel; Van Etten; Van Gerpen; Van Norman

     Nays:
Abdallah; Clark; Derby; Duenwald; Hansen (Tom); Heineman; Jaspers; Juhnke; Konold; Madsen; McCaulley; McCoy; Monroe; Peterson (Bill); Pummel; Richter; Smidt; Solum; Sutton (Duane); Valandra; Wick; Speaker Eccarius

     Excused:
Frost; Michels; Napoli

     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 1152 was placed on today's calendar.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1208:   FOR AN ACT ENTITLED, An Act to   extend the date for filing claims with the subsequent injury fund.

     Was read the second time.

     The question being "Shall HB 1208 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duenwald; Frost; Michels; Napoli

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

     HB 1278:   FOR AN ACT ENTITLED, An Act to   revise the definition of barratry.

     Was read the second time.

     The question being "Shall HB 1278 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Kloucek

     Excused:
Duenwald; Michels; Napoli

     Absent:
Flowers

     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.

     HB 1187:   FOR AN ACT ENTITLED, An Act to   revise the time period for adjusting property tax levies for the purpose of maintaining the state's percentage of aid to general and special education.

     Was read the second time.

     The question being "Shall HB 1187 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Burg; Olson (Mel); Van Norman

     Excused:
Duenwald; Michels; Napoli

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

     Rep. Bill Peterson moved that SB 7, 75, 84, 100, 126, 148, 199, 3, and 74 be deferred to Tuesday, February 20th, the 29th legislative day.

     Which motion prevailed and the bills were so deferred.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that HB 1189, 1243, and 1142 be placed to follow HB 1152 on today's calendar.

     Which motion prevailed and the bills were so placed.

     Speaker Pro tempore Michels now presiding.

     HB 1239:   FOR AN ACT ENTITLED, An Act to   authorize certain persons to carry handguns who are authorized to carry handguns in other states.

     Was read the second time.

     Rep. Duenwald moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1239 pass?"

     And the roll being called:

     Yeas 40, Nays 28, Excused 1, Absent 1

     Yeas:
Begalka; Clark; Duenwald; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Holbeck; Hundstad; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Lintz; Madsen; McCaulley; McCoy; Monroe; Nachtigal; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Rhoden; Richter; Sebert; Sigdestad; Smidt; Solum; Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duniphan; Elliott; Garnos; Heineman; Hennies (Don); Hennies (Thomas); Hunhoff; Konold; Kooistra; Lange; Michels; Murschel; Nesselhuf; Peterson (Bill); Pitts; Slaughter; Sutton (Duane); Van Gerpen

     Excused:
Napoli

     Absent:
Flowers

     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.

     HB 1017:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse certain family physicians and certain physician assistants who have complied with the requirements of the South Dakota physician tuition reimbursement program or the South Dakota midlevel tuition reimbursement program.

     Was read the second time.

     The question being "Shall HB 1017 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Napoli

     Absent:
Abdallah

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

     HB 1229:   FOR AN ACT ENTITLED, An Act to   make an appropriation to provide grants to out-of-school time programs in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1229 pass?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 1, Absent 2

     Yeas:
Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Konold; Kooistra; Lange; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Clark; Fryslie; Klaudt; Koistinen; Lintz

     Excused:
Napoli

     Absent:
Abdallah; Valandra

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

     HB 1203:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

     Was read the second time.

     The question being "Shall HB 1203 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Clark

     Excused:
Bradford; Napoli; Valandra

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

     HB 1230:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the acceleration of the reading enhancement program and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1230 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Napoli; Valandra

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

     HB 1231:   FOR AN ACT ENTITLED, An Act to   appropriate funds from the water and environment fund and the environment and natural resources fee fund, to authorize the state cost share for the Lewis and Clark Rural Water System, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1231 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka

     Excused:
Napoli; Valandra

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

     HB 1162:   FOR AN ACT ENTITLED, An Act to   make an appropriation for children of alumni scholarships.

     Was read the second time.

     Rep. Mel Olson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1162 pass?"

     And the roll being called:

     Yeas 35, Nays 34, Excused 1, Absent 0

     Yeas:
Adelstein; Begalka; Brown (Jarvis); Brown (Richard); Clark; Elliott; Gillespie; Glenski; Hansen (Tom); Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Kooistra; Lange; Madsen; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Pummel; Sebert; Sigdestad; Slaughter; Smidt; Sutton (Duane); Valandra; Van Norman; Wick

     Nays:
Abdallah; Bartling; Bradford; Broderick; Burg; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Hanson (Gary); Hargens; Heineman; Jaspers; Koistinen; Konold; Lintz; McCaulley; Monroe; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Richter; Solum; Teupel; Van Etten; Van Gerpen; Speaker Eccarius


     Excused:
Napoli

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

     HB 1263:   FOR AN ACT ENTITLED, An Act to   create a board of postsecondary vocational education.

     Was read the second time.

1263zb

     Rep. Richter moved that HB 1263 be amended as follows:

     On page 1, line 6 of the House State Affairs Committee engrossed bill, after " education " insert ", at least one of whom shall be a regular member of the Board of Regents".

     On page 4 , line 9, delete " a baccalaureate " and insert " a an associate, baccalaureate , ".

     On page 4 , line 9, after " degree " insert " , exclusive of college level instruction eligible for transfer to associate, baccalaureate, or advanced degree programs ".

     On page 6 , line 1, after " new " insert " postsecondary vocational education ".

     On page 9 , line 14, overstrike " technical " and insert " vocational ".

     On page 10 , line 11, after " programs " insert " ; provided that no postsecondary technical institute may duplicate programs already offered by state universities ".

     On page 10 , between lines 11 and 12, insert:

"     The Board of Postsecondary Vocational Education may authorize postsecondary vocational institutes to offer college-level instruction eligible for transfer to associate, baccalaureate or advanced degree programs upon notification from the Board of Regents that it has reviewed the proposed collegiate courses under the same academic standards that it applies to collegiate institutions under its control, including requirements relating to course content, testing, and faculty credentials, and has determined that the proposed collegiate courses are appropriately offered to the public as college-level courses. Any authorization granted under this section expires if a postsecondary vocational institute changes course content, testing practices, or faculty assignments from those reviewed and approved by the Board of Regents. ".


     On page 16 , delete lines 11 to 24 , inclusive, and insert:

"      Section 41. That § 13-53-44 be repealed.

     13-53-44.   Commencing July 1, 1999, technical institutes governed by the Board of Education and accredited by the North Central Association of Colleges and Secondary Schools

and universities governed by the Board of Regents and accredited by the North Central Association of Colleges and Secondary Schools shall have articulation agreements in place to transfer sixty-four credit hours in the General Studies Baccalaureate Degree program and up to sixty-four credit hours in compatible programs offered by the respective institutions under the control of the Board of Regents. By December 1, 1998, the Board of Education and the Board of Regents shall report to the Executive Board of the Legislative Research Council on the progress of articulation agreements and the implementation of § §   13-53-43 and 13-53-44. The Board of Regents and the Board of Education shall, by agreement, set the criteria and requirements for the transfer of any credits.

     Section 42. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as follows:

     All publicly funded college-level instruction shall be delivered under academic standards determined by the Board of Regents. The Board of Regents and the Board of Postsecondary Vocational Education may enter into agreements to permit the delivery of collegiate instruction by postsecondary vocational institutes, subject to review of course content, testing practices, and faculty credentials by the Board of Regents. The Board of Regents and the Board of Postsecondary Vocational Education may enter into further agreements to facilitate the transfer of up to thirty-two credit hours of approved college-level courses to the state universities for credit towards general education requirements. Such agreements may also provide for transfer of postsecondary vocational institute coursework for which an associate of applied sciences degree has been awarded into university programs that have been specifically designed to articulate with vocational programs offered by postsecondary vocational institutes.".

     Which motion prevailed and HB 1263 was so amended.

     The question being "Shall HB 1263 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 44, Excused 1, Absent 0

     Yeas:
Adelstein; Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Glenski; Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Jaspers; Jensen; Juhnke; Lange; Peterson (Bill); Pitts; Pummel; Richter; Smidt; Sutton (Duane); Teupel; Van Etten; Van Norman

     Nays:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Davis; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hargens; Holbeck; Hundstad; Hunhoff; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rhoden; Sebert; Sigdestad; Slaughter; Solum; Valandra; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Napoli


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

     HB 1279:   FOR AN ACT ENTITLED, An Act to   authorize the expenditure of tobacco proceeds for tobacco prevention and cessation programs and for tobacco prevention and cessation programs and for tobacco cessation aids.

     Was read the second time.

1279jc

     Rep. Bill Peterson moved that HB 1279 be amended as follows:

     On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 10-50B-12 be amended to read as follows:

     10-50B-12.   The people's interest fund is established in the state treasury. Interest earned on money in the fund shall be credited to the people's interest fund. The money in the people's interest fund shall remain in the fund until appropriated by the Legislature for tobacco prevention and education programs . The fund shall be invested according to § §  4-5-23 and 4-5-26. "


     Which motion prevailed and HB 1279 was so amended.

     The question being "Shall HB 1279 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Davis; Elliott; Gillespie; Hargens; Juhnke; Kloucek; Konold; Olson (Mel); Peterson (Jim); Van Norman

     Excused:
Napoli; Sigdestad


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

     The question being on the title.

     Rep. Bill Peterson moved that the title to HB 1279 be amended as follows:

     On page 1, line 1 of the House State Affairs Committee engrossed bill, delete everything after " to " and insert "provide that the people's interest fund be appropriated for tobacco prevention and education programs.".

     On page 1 , delete lines 2 and 3 .

     Which motion prevailed and the title was so amended.

     HB 1195:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the practice of veterinary medicine.

     Was read the second time.

     The question being "Shall HB 1195 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Hennies (Thomas); Richter

     Excused:
Napoli; Sigdestad; Speaker Eccarius

     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.

     HB 1153:   FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and to dedicate the increased revenue to a trust fund.

     Was read the second time.

1153ra

     Rep. Don Hennies moved that HB 1153 be amended as follows:

     On the House Taxation Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. No person may use any tobacco product within the boundaries of this state or sell for any valuable consideration any tobacco product within the boundaries of this state. Any violation of this section is a Class 2 misdemeanor.

     Section 2. The provisions of chapters 10-50 and 37-10 are hereby repealed."


     Rep. Jaspers moved the previous question.

     Which motion prevailed.

    A roll call vote was requested and not supported.

     Which motion lost.

     Rep. Abdallah moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1153 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 39, Excused 2, Absent 0

     Yeas:
Adelstein; Begalka; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Frost; Fryslie; Hansen (Tom); Holbeck; Hunhoff; Jaspers; Jensen; Koistinen; Kooistra; Lange; Madsen; McCoy; Michels; Peterson (Bill); Pitts; Pummel; Smidt; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick

     Nays:
Abdallah; Bartling; Bradford; Broderick; Burg; Davis; Duniphan; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Juhnke; Klaudt; Kloucek; Konold; Lintz; McCaulley; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rhoden; Richter; Sebert; Slaughter; Solum; Valandra; Van Norman; Speaker Eccarius

     Excused:
Napoli; Sigdestad

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

     HB 1163:   FOR AN ACT ENTITLED, An Act to   exempt certain membership fees from sales and use tax.

     Was read the second time.

1163ta

     Rep. Kloucek moved that HB 1163 be amended as follows:

     On the House Taxation Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

     Rep. Konold moved that Rep. Kloucek's motion to amend HB 1163 be laid on the table.

     Which motion prevailed.

     The question being "Shall HB 1163 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 18, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hundstad; Lange; Nachtigal; Nesselhuf; Peterson (Jim); Van Norman

     Excused:
Napoli; Sigdestad

     Absent:
Olson (Mel)

     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.

     HB 1295:   FOR AN ACT ENTITLED, An Act to   allow certain interstate shipments of wine.

     Was read the second time.

1295td

     Rep. Teupel moved that HB 1295 be amended as follows:

     On page 2, line 3 of the House Taxation Committee engrossed bill, after " wine. " insert "It is a Class 1 misdemeanor for any person to receive more than twelve cases of wine during a calendar year in violation of this section. It is a Class 1 misdemeanor for any person to resell or attempt to resell any wine obtained pursuant to this section.".

    The Speaker, being in doubt on the voice vote, ordered a roll call vote.

     The question being on Rep. Teupel's motion that HB 1295 be amended.

     And the roll being called:

     Yeas 47, Nays 19, Excused 3, Absent 1

     Yeas:
Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Frost; Garnos; Glenski; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Olson (Mel); Pederson (Gordon); Pitts; Pummel; Rhoden; Richter; Slaughter; Smidt; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick

     Nays:
Bartling; Bradford; Davis; Elliott; Flowers; Gillespie; Hanson (Gary); Hargens; Hundstad; Kloucek; Nachtigal; Nesselhuf; Peterson (Bill); Peterson (Jim); Sebert; Solum; Valandra; Van Norman; Speaker Eccarius

     Excused:
Fryslie; Napoli; Sigdestad

     Absent:
Abdallah

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1295 was so amended.

     The question being "Shall HB 1295 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 13, Excused 3, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Kloucek; Koistinen; Konold; Lange; Lintz; Madsen; McCoy; Michels; Murschel; Nesselhuf; Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Wick; Speaker Eccarius

     Nays:
Broderick; Brown (Jarvis); Flowers; Juhnke; Kooistra; McCaulley; Monroe; Nachtigal; Olson (Mel); Pederson (Gordon); Sebert; Van Gerpen; Van Norman

     Excused:
Fryslie; Napoli; Sigdestad

     Absent:
Abdallah

     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. Bill Peterson moved that the House do now recess until 5:30 p.m., which motion prevailed and at 4:24 p.m., the House recessed.

RECESS
     The House reconvened at 5:30 p.m., the Speaker Pro tempore presiding.

     Rep. Bill Peterson moved that HB 1258, 1152, 1189, and 1243 be placed to follow HB 1295 on today's calendar.

     Which motion prevailed and the bills were so placed.

     HB 1258:   FOR AN ACT ENTITLED, An Act to   revise the distribution of state aid to education.

     Was read the second time.

1258de

     Rep. Eccarius moved that HB 1258 be amended as follows:

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

"      Section 1. That § 13-13-10.1 be amended to read as follows:

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

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

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

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

             (a)      For districts with an average daily membership of two hundred or less and a general fund balance percentage of forty-five percent or less , multiply 1.2 times the average daily membership;
             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred and a general fund balance percentage of forty-five percent or less , raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more or a general fund balance percentage of more than forty-five percent , multiply 1.0 times their average daily membership;

             (2A)    "General fund balance percentage," is a school district's ending general fund cash balance less the additional revenue a school district has received from the imposition of the excess tax levy authorized by §  10-12-43 for the previous school fiscal year divided by the school districts total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent ;

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

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

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

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

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

     Section 2. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

     The secretary of the Department of Education and Cultural Affairs shall determine the reduction in state aid to education to school districts resulting from school districts having a general fund balance percentage greater than forty-five percent. The secretary of the Department of Education and Cultural Affairs shall distribute the amount of money so determined to school districts with a general fund balance percentage of twenty-five or less on a pro rata basis according to the school district's modified average daily membership where modified average daily membership is equal to the average daily membership for school districts with an average daily membership of six hundred or less and for school districts with an average daily

membership of more than six hundred is equal to six hundred plus one-half of the average daily membership over six hundred.

     Section 3. The enrollment adjustment shall apply only to the distribution of state aid to education in fiscal year 2002.".


    Rep. Duenwald moved the previous question.

    Which motion prevailed.

     Which motion prevailed and HB 1258 was so amended.

     The question being "Shall HB 1258 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 20, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Hunhoff; Jaspers; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Holbeck; Hundstad; Jensen; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Valandra; Van Norman

     Excused:
Napoli; Sigdestad

     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.

     HB 1152:   FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

     Was read the second time.

     Rep. Richard Brown moved that HB 1152 be laid on the table.


     The question being on Rep. Richard Brown's motion that HB 1152 be laid on the table.

     And the roll being called:

     Yeas 49, Nays 19, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Holbeck; Hundstad; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Valandra; Van Norman

     Excused:
Napoli; Sigdestad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1152 was laid on the table.

     HB 1189:   FOR AN ACT ENTITLED, An Act to   revise the method for determining average daily membership as it applies to the state aid to education formula.

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

     The question being "Shall HB 1189 pass?"

     And the roll being called:

     Yeas 39, Nays 28, Excused 2, Absent 1

     Yeas:
Bartling; Begalka; Bradford; Brown (Jarvis); Burg; Clark; Davis; Duenwald; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Smidt; Valandra; Van Gerpen; Van Norman

     Nays:
Abdallah; Adelstein; Broderick; Derby; Duniphan; Frost; Garnos; Heineman; Hennies (Thomas); Jaspers; Juhnke; Konold; Madsen; McCaulley; McCoy; Michels; Murschel; Peterson (Bill); Rhoden; Richter; Sebert; Slaughter; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

     Excused:
Napoli; Sigdestad

     Absent:
Brown (Richard)

     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.

     HB 1243:   FOR AN ACT ENTITLED, An Act to   revise the definition of adjusted average daily membership in the state aid to education formula.

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

     Rep. Jaspers moved that HB 1243 be laid on the table.

     The question being on Rep. Jaspers' motion that HB 1243 be laid on the table.

     And the roll being called:

     Yeas 54, Nays 13, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Burg; Clark; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Speaker Eccarius

     Nays:
Bradford; Davis; Elliott; Gillespie; Glenski; Hanson (Gary); Hargens; Holbeck; Kloucek; Lange; Nesselhuf; Van Norman; Wick

     Excused:
Napoli; Sigdestad

     Absent:
Brown (Richard)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1243 was laid on the table.

     Rep. Bill Peterson moved that the House do now recess until 7:30 p.m., which motion prevailed and at 6:54 p.m., the House recessed.

RECESS


     The House reconvened at 7:30 p.m., the Speaker Pro tempore presiding.

     HB 1253:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding dealer franchises and to include outdoor power equipment.

     Was read the second time.

     The question being "Shall HB 1253 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 11, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Rhoden; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Duniphan; Frost; Heineman; Lintz; McCaulley; Michels; Peterson (Bill); Pitts; Richter; Sebert; Slaughter

     Excused:
Napoli; Sigdestad

     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.

     HB 1232:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the implementation and development of the electronic-government project and to declare an emergency.

     Was read the second time.


     The question being "Shall HB 1232 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 14, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Burg; Clark; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Lange; Nachtigal; Olson (Mel); Peterson (Jim); Valandra

     Excused:
Napoli; Sigdestad

     Absent:
Holbeck

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

     HB 1255:   FOR AN ACT ENTITLED, An Act to   appropriate money for the restoration of the Hamill Dam.

     Was read the second time.

     Rep. Van Norman moved the previous question.

     Which motion prevailed.

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

     And the roll being called:

     Yeas 49, Nays 19, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duniphan; Elliott; Flowers; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jensen; Juhnke; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Rhoden; Richter; Sebert; Solum; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman; Wick

     Nays:
Clark; Duenwald; Frost; Fryslie; Heineman; Holbeck; Hunhoff; Jaspers; Klaudt; Konold; Madsen; McCaulley; Michels; Peterson (Bill); Pitts; Slaughter; Smidt; Van Etten; Speaker Eccarius

     Excused:
Napoli; Sigdestad

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

     HB 1271:   FOR AN ACT ENTITLED, An Act to   provide grants to certain court-appointed special advocate programs and to make an appropriation therefor.

     Was read the second time.

1271hb

     Rep. Duane Sutton moved that HB 1271 be amended as follows:

     On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " general " and insert "intergovernmental transfer".

     On page 1 , line 13, after " dollars. " insert "Court-appointed special advocate programs which receive a grant shall make a report to the Department of Education and Cultural Affairs by January 1, 2003. The report shall include a financial accounting of the grant, the number of children served by the grant, and a statistical analysis of the physical health and well-being of the children served.".

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     Which motion prevailed and HB 1271 was so amended.

     The question being "Shall HB 1271 pass as amended?"


     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jaspers; Jensen; Juhnke; Kloucek; Kooistra; Lange; Lintz; Madsen; McCaulley; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pummel; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick

     Nays:
Derby; Heineman; Holbeck; Hunhoff; Klaudt; Koistinen; Konold; McCoy; Michels; Pitts; Rhoden; Richter; Van Gerpen; Speaker Eccarius

     Excused:
Napoli; Sigdestad

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

     HB 1296:   FOR AN ACT ENTITLED, An Act to   appropriate money to the West River Foundation to assist the City of Box Elder.

     Was read the second time.

     The question being "Shall HB 1296 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 39, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Burg; Davis; Derby; Duniphan; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Koistinen; Lange; McCoy; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pummel; Teupel; Valandra; Van Etten; Van Norman

     Nays:
Abdallah; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Duenwald; Frost; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Konold; Kooistra; Lintz; Madsen; McCaulley; Michels; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Gerpen; Wick; Speaker Eccarius

     Excused:
Napoli; Sigdestad

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

     HB 1226:   FOR AN ACT ENTITLED, An Act to   require South Dakota school districts to provide the names and addresses of certain secondary school students to the Board of Regents and the Department of Education and Cultural Affairs.

     Was read the second time.

1226oa

     Rep. Smidt moved that HB 1226 be amended as follows:

     On page 1, line 7 of the House Education Committee engrossed bill, after " students " insert "whose names and addresses have been treated as directory information".

     On page 1 , line 8, delete " nine " and insert "eight".

     On page 1 , after line 14, insert:

"      Section 2. The Board of Regents, the Department of Education and Cultural Affairs, or any accredited private college that received information pursuant to this Act may not sell the information provided to them pursuant to this Act, but must hold it with the same degree of care used with other student information under their control.".


    Speaker Eccarius now presiding.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     Which motion prevailed and HB 1226 was so amended.

1226db

     Rep. Richter moved that HB 1226 be further amended as follows:

     On page 1, line 10 of the House Education Committee engrossed bill, delete everything after " Regents. " and insert "However, the list of students may not include any student who has an individualized instruction plan.".

     On page 1 , line 11, delete everything before " The " .
     Which motion prevailed and HB 1226 was so amended.

     The question being "Shall HB 1226 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 47, Excused 3, Absent 0

     Yeas:
Adelstein; Broderick; Brown (Jarvis); Clark; Derby; Hansen (Tom); Heineman; Jaspers; Konold; Madsen; McCaulley; Monroe; Pitts; Pummel; Richter; Smidt; Teupel; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Bartling; Begalka; Bradford; Brown (Richard); Burg; Davis; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rhoden; Sebert; Slaughter; Solum; Sutton (Duane); Valandra; Van Etten; Van Gerpen

     Excused:
Duenwald; Napoli; Sigdestad

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

     HB 1206:   FOR AN ACT ENTITLED, An Act to   provide for a refund of tuition for certain teachers.

     Was read the second time.

1206ta

     Rep. Wick moved that HB 1206 be amended as follows:

     On page 1, line 12 of the printed bill, after " percent " insert "of".

    Rep. Bill Petersen moved the previous question.

    Which motion prevailed.

     Which motion prevailed and HB 1206 was so amended.


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

     And the roll being called:

     Yeas 33, Nays 35, Excused 2, Absent 0

     Yeas:
Adelstein; Bradford; Broderick; Brown (Jarvis); Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Koistinen; Kooistra; Lange; McCoy; Michels; Monroe; Nachtigal; Nesselhuf; Pummel; Smidt; Teupel; Valandra; Van Etten; Van Norman; Wick

     Nays:
Abdallah; Bartling; Begalka; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Frost; Hanson (Gary); Hargens; Hennies (Don); Jaspers; Klaudt; Kloucek; Konold; Lintz; Madsen; McCaulley; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Richter; Sebert; Slaughter; Solum; Sutton (Duane); Van Gerpen; Speaker Eccarius

     Excused:
Napoli; Sigdestad

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

     HB 1142:   FOR AN ACT ENTITLED, An Act to   appropriate money for leveraging educational assistance partnership grants.

     Was read the second time.

     The question being "Shall HB 1142 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 13, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Madsen; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Slaughter; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Broderick; Derby; Duniphan; Gillespie; Jaspers; Juhnke; Konold; Lintz; Michels; Peterson (Bill); Richter; Sutton (Duane)

     Excused:
Napoli; Sigdestad

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 20:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to dispose of certain structures located at the Agricultural Experiment Station Beef Nutrition and Dairy Units in Brookings County, to construct cattle feed preparation and silage storage facilities at the Beef Nutrition Unit, and to make an appropriation therefor.

     Was read the first time and referred to the Committee on Appropriations.

     SB 52:   FOR AN ACT ENTITLED, An Act to   increase an appropriation from the children's trust fund and to repeal a statute that terminates an additional charge for birth records that is deposited in the fund.

     Was read the first time and referred to the Committee on Appropriations.

     SB 66:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse the counties in Districts 28A and 28B associated with a special primary election conducted on September 12, 2000, and to declare an emergency.

     Was read the first time and referred to the Committee on Appropriations.

     SB 165:   FOR AN ACT ENTITLED, An Act to   provide for incentives for development of certain commercial small power production facilities.

     Was read the first time and referred to the Committee on Commerce.

     SB 187:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to comparative negligence.

     Was read the first time and referred to the Committee on Judiciary.

     SB 222:   FOR AN ACT ENTITLED, An Act to   make an appropriation to replenish the special emergency and disaster special revenue fund and to declare an emergency.

     Was read the first time and referred to the Committee on Appropriations.

     SB 225:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to insurance taxes, cash surrender values of insurances policies, and the payment of insurance benefits.

     Was read the first time and referred to the Committee on Commerce.

     SB 248:   FOR AN ACT ENTITLED, An Act to   create a higher education savings plan.

     Was read the first time and referred to the Committee on Education.

     SB 253:   FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Railroad Authority to acquire certain facilities owned by the Burlington Northern and Santa Fe Railway Company and to declare an emergency.

     Was read the first time and referred to the Committee on Transportation.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 188, 250, 94, 137, 154, 123, 8, 38, and 44 be deferred to Tuesday, February 20th, the 29th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1083, 1092, 1119, 1127, 1132, 1174, 1188, 1225, 1236, and 1254 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1083: FOR AN ACT ENTITLED, An Act to  authorize employers to pay wages by direct deposit.

     HB 1092: FOR AN ACT ENTITLED, An Act to  include in certain drug offenses the altered state of a controlled drug or substance or marijuana once absorbed into the body.

     HB 1119: FOR AN ACT ENTITLED, An Act to  authorize certain vehicles in the possession of a dealer's car auction agency to be moved with a permit.

     HB 1127: FOR AN ACT ENTITLED, An Act to  modify the procedure for the remittance of the 911 surcharge.

     HB 1132: FOR AN ACT ENTITLED, An Act to  require that certain county assessment records be made available to local equalization boards.

     HB 1174: FOR AN ACT ENTITLED, An Act to  revise the provisions for municipal checks and warrants to conform with state standards.

     HB 1188: FOR AN ACT ENTITLED, An Act to  revise certain dates relating to the validation of prior bonds of political subdivisions.

     HB 1225: FOR AN ACT ENTITLED, An Act to  clarify the courts in which garnishment proceedings may be pursued.

     HB 1236: FOR AN ACT ENTITLED, An Act to  authorize auction agencies to accept for sale vehicles owned by vehicle manufacturers under certain conditions.

     HB 1254: FOR AN ACT ENTITLED, An Act to  revise how the motor vehicle excise tax is applied to certain vehicles.

     SB 2: FOR AN ACT ENTITLED, An Act to  prohibit employers from obtaining, seeking, or using genetic information.

     And signed the same in the presence of the House.

     Rep. Begalka moved that the House do now adjourn, which motion prevailed and at 8:38 p.m. the House adjourned.

Karen Gerdes, Chief Clerk