JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



THIRTY-FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 27, 2001

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

     The prayer was offered by the Chaplain, Vicar Karl Böhmer, followed by the Pledge of Allegiance led by House page Justin Johns.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 56 and 64 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 166 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 179 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Richard "Dick" E. Brown, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 229 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 State Affairs respectfully reports that it has had under consideration SB 239 and returns the same with the recommendation that said bill be amended as follows:

239fb

     On page 2, line 2 of the Senate State Affairs Committee engrossed bill, delete everything after " (4) " .

     On page 2 , delete lines 3 and 4 .
     On page 2 , line 5, delete " (5) " .

     On page 2 , between lines 8 and 9, insert:

"      Section 3. If it is determined that a student cannot complete the course requirements as provided in Board of Regents policy 2:3.2.F as in effect on January 25, 2001, due to the unavailability of the courses of study at the student's high school, the student may be admitted into the regents scholarship program.".


     On page 3 , after line 22, insert:

"      Section 7. Section 3 of this Act is repealed on July 1, 2003.".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 242 and returns the same with the recommendation that said bill be amended as follows:

242ji
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. Any manufacturer of pharmaceutical drugs sold in the state shall file with the Board of Pharmacy the manufacturer's definition and method of determining average wholesale price (AWP) for pharmaceutical drugs sold for consumption or use in this state. The manufacturer shall report the information as determined by the secretary of health in rules promulgated pursuant to chapter 1-26.

     Section 2. Any manufacturer of pharmaceutical drugs sold in this state shall offer such drugs to wholesale purchasers licensed to do business in this state at prices equivalent to those prices charged by the manufacturer for equivalent drugs in Canada. This section does not apply to any drug that is not actually sold in Canada.

     Section 3. Notwithstanding §  36-11A-5, the state and its citizens and businesses may purchase or receive any prescription drug from Canada or any other foreign source pursuant to the laws of the United States or any rules, regulations, standards, or policies as prescribed by the United States Secretary of Health and Human Services or the Food and Drug Administration."

242oa

     In the previously adopted amendment (242ji), after "Canada" in the last sentence of Section 2, insert: "and to any equivalent drug that is sold in the state at a lower price. The secretary of health shall promulgate rules pursuant to chapter 1-26 to establish procedures to be used in the determination of equivalent drugs and equivalent prices".
     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 192 and 252 and tabled the same.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 85 and 111 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 14 and returns the same with the recommendation that said bill be amended as follows:

14zb

     On page 1, line 6 of the Senate engrossed bill, delete " annual grants " and insert "a grant".

     On page 1 , line 6, delete " last two full years " and insert "third full year of undergraduate teacher preparation".

     On page 1 , line 7, delete " sixty-four " and insert "thirty-two".

     On page 2 , line 8, delete " three million eight hundred thousand dollars ($3,800,000) " and insert "one million nine hundred thousand dollars ($1,900,000)".

14dof

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

"      Section 1. That certain programs in chapter 14 of the 2000 Session Laws be amended to read as follows:

DEPARTMENT OF HEALTH

    Health Systems Development and Regulation

        Operating Expenses, delete "$45,555" and insert "$145,555"

    Health and Medical Services

        Operating Expenses, delete "$1,567,358" and insert "$2,067,358"

DEPARTMENT OF HUMAN SERVICES

    Rehabilitation Services

        Operating Expenses, delete "$479,160" and insert "$1,479,160"

Adjust all totals accordingly.

     Section 2. The fund source used to support the other fund expenditure authority appropriated by this Act shall be the intergovernmental transfer fund established in §  28-6-33. Any expenditure authority and cash appropriated by this Act which are unspent at the end of fiscal year 2001 shall be carried over to fiscal year 2002.

     Section 3. This Act is effective June 22, 2001."


14dtof

     On page 1, line 1 of the Senate engrossed bill, delete everything after " to " and insert "amend the General Appropriations Act for fiscal year 2001.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 52 and returns the same with the recommendation that said bill be amended as follows:

52hb
     On page 1 of the printed bill, delete lines 6 to 8, inclusive, and insert:

"      26-14-3.   There is hereby annually appropriated the sum of sixty thousand dollars to the Department of Social Services from the children's trust fund. The funds so appropriated children's trust fund may be used with any other".


52hta
     On page 1, line 1 of the printed bill, delete " increase " and insert "repeal".

     On page 1 , line 1, after " an " insert "annual".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be amended as follows:

118ha
     On page 1, after line 9 of the printed bill, insert:

"      Section 4. 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.".


118btc

     On page 1, line 1 of the printed bill, after " fund " insert "and to declare an emergency".

     And that as so amended said bill do pass.

Respectfully submitted,
Mitch Richter, Chair

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 149 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 149 be amended as follows:

     On page 1, line 10 of the House engrossed bill, after " municipality " insert " , pursuant to an agreement to house such prisoner ".
    
Respectfully submitted,             Respectfully submitted,
Gordon R. Pederson                Marguerite M. Kleven
William M. Napoli                
Jim Bradford                        Garry A. Moore            
House Committee                    Senate Committee


Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 209 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all amendments be deleted, thus restoring the bill to the Senate Taxation Committee engrossed version.
Respectfully submitted,             Respectfully submitted,
Richard "Dick" E. Brown            Ed Olson
William M. Napoli                Dick Hainje

House Committee                    Senate Committee

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1031, 1032, 1118, 1187, 1230, and 1278 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1024, 1203, 1218, 1227, 1253, and 1294 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.
Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Duenwald moved that the House do concur in Senate amendments to HB 1073.

     Rep. Juhnke moved as a substitute motion that the House do not concur in Senate amendments to HB 1073 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.

    A roll call vote was requested and supported.

     The question being on Rep. Juhnke's substitute motion that the House do not concur in Senate amendments to HB 1073 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.

     And the roll being called:

     Yeas 19, Nays 49, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Davis; Duniphan; Garnos; Glenski; Heineman; Jaspers; Juhnke; Koistinen; Konold; Richter; Sebert; Solum; Teupel; Valandra; Speaker Eccarius

     Nays:
Begalka; Bradford; Brown (Jarvis); Brown (Richard); Burg; Derby; Duenwald; Elliott; Flowers; Frost; Fryslie; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Kooistra; Lange; Lintz; Madsen; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sigdestad; Slaughter; Smidt; Sutton (Duane); Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Clark; McCaulley

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

     Rep. Kloucek moved as a substitute motion that the House do not concur in Senate amendments to HB 1073 and that no committee be appointed.

     The question being on Rep. Kloucek's substitute motion that the House do not concur in Senate amendments to HB 1073 and that no committee be appointed.

     And the roll being called:

     Yeas 5, Nays 64, Excused 1, Absent 0

     Yeas:
Elliott; Garnos; Juhnke; Kloucek; Lange

     Nays:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; 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 (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
McCaulley

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

     The question being on Rep. Duenwald's motion that the House do concur in Senate amendments to HB 1073.

     And the roll being called:

     Yeas 65, Nays 4, 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; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; 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 (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Garnos; Hennies (Thomas); Juhnke; Kloucek

     Excused:
McCaulley

     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.

     HCR 1022:   A CONCURRENT RESOLUTION,   Urging revision of the Federal Freedom to Farm Act.

     Rep. Kloucek moved that HCR 1022 as found on page 725 of the House Journal be adopted.

     The question being on Rep. Kloucek's motion that HCR 1022 be adopted.

     And the roll being called:

     Yeas 21, Nays 48, Excused 1, Absent 0

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


     Nays:
Abdallah; Adelstein; Begalka; Broderick; 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; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
McCaulley

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

     HCR 1023:   A CONCURRENT RESOLUTION,   Endorsing and encouraging the Central North American Trade Corridor Association.

     Rep. Monroe moved that HCR 1023 as found on pages 725 and 726 of the House Journal be adopted.

     The question being on Rep. Monroe's motion that HCR 1023 be adopted.

     And the roll being called:

     Yeas 30, Nays 39, Excused 1, Absent 0

     Yeas:
Adelstein; Begalka; Bradford; Brown (Jarvis); Duenwald; Duniphan; Elliott; Fryslie; Garnos; Hansen (Tom); Hennies (Thomas); Hundstad; Jensen; Juhnke; Klaudt; Kloucek; Kooistra; Lange; Lintz; Madsen; McCoy; Michels; Monroe; Napoli; Nesselhuf; Rhoden; Sigdestad; Sutton (Duane); Valandra; Van Norman

     Nays:
Abdallah; Bartling; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Flowers; Frost; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Holbeck; Hunhoff; Jaspers; Koistinen; Konold; Murschel; Nachtigal; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
McCaulley

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

     HCR 1024:   A CONCURRENT RESOLUTION,   In support of the use of biodiesel fuel.

     Rep. Sigdestad moved that HCR 1024 as found on pages 726 and 727 of the House Journal be adopted.

     The question being on Rep. Sigdestad's motion that HCR 1024 be adopted.

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, 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; Napoli; 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:
Michels

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1024 was adopted.

     HCR 1025:   A CONCURRENT RESOLUTION,   Requesting that the Governor of the State of South Dakota, along with the Legislature, continue to take appropriate fire prevention measures to address the catastrophic fire risk that exists on the federally-held national forests and state lands of South Dakota.

     Rep. Lintz moved that HCR 1025 as found on pages 727 and 728 of the House Journal be adopted.

     The question being on Rep. Lintz's motion that HCR 1025 be adopted.

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; 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; 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 (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Kloucek; Van Norman

     Excused:
Clark; Derby

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1025 was adopted.

     HCR 1026   Introduced by:  Representatives Derby, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, Duenwald, Duniphan, Eccarius, Frost, Fryslie, Garnos, Gillespie, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Michels, Monroe, Murschel, Nachtigal, 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, and Wick and Senators Whiting, Madden, McCracken, and Vitter

         A CONCURRENT RESOLUTION,  Urging South Dakota's United States Senators and Representative to authorize and appropriate funds to support the expansion of utility and roadway infrastructure in conjunction with the construction of Interstate Highway 90, Exit 67 and the arterial road servicing Ellsworth Air Force Base and the City of Box Elder, South Dakota.

     WHEREAS,  the 1995 Box Elder Area Transportation Network Study and the Ellsworth Air Force Base Joint Land Use Study Coordinating Committee recommended the construction of a new Interstate Highway 90 exit at mile marker 67 to alleviate incompatible community development in the Accident Prevention and High Noise Zones associated with the aircraft operations of Ellsworth Air Force Base; and

     WHEREAS,  the 1996 Rapid City Metropolitan Planning Organization Exit 67/I-90 Interchange Justification Study selected a preferred alternative design for the project; and

     WHEREAS,  the 1997 Box Elder Central Arterial and Exit 67/I-90 Interchange Environmental Assessment concluded the project will have no significant impact on the human environment; and

     WHEREAS,  the fundamental purpose of the project will provide a safe, efficient, environmentally sound, and economical transportation facility that responds to the needs of the Department of Defense (Ellsworth Air Force Base), the people of Box Elder, and to those who commute to and from Ellsworth Air Force Base; and

     WHEREAS,  the project will provide access to Ellsworth Air Force Base compatible with its operational mission, community land use compatible with Ellsworth Air Force Base flight operations, an arterial roadway that will handle projected increases in traffic, a corridor for both commercial and residential development, continuity with the existing local roadway system, and improved safety of the I-90 access point; and

     WHEREAS,  in 1995, the South Dakota Transportation Commission included the project in the Statewide Transportation Improvement Plan and has scheduled the project for construction in the period of 2001-2002; and

     WHEREAS,  the funds to construct the complementary utility and roadway infrastructure are needed to assure the timely transition of commercial and residential development proximate to the interchange and arterial road:

     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 United States Senators Tom Daschle and Tim Johnson and Representative John Thune, are hereby requested to seek the authorization and appropriation of those federal funds necessary to transition community commercial and residential development in the forthcoming fiscal years of 2002 to 2003.

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

HONORED GUESTS


     The Speaker introduced the Honorable Joyce Hazeltine, Secretary of State, who made a presentation on behalf of the Madison Lincoln School fourth grade class expressing their appreciation for a very special time during their recent visit to the Legislature on February 6th.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Appropriations on SB 223 as found on page 718 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 186:   FOR AN ACT ENTITLED, An Act to   provide for the preservation of certain public broadcasting records of the legislative session.

     Was read the second time.

     The question being "Shall SB 186 pass as amended?"

     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; 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Derby; Peterson (Bill)

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 245, 160, and 226 be deferred to Wednesday, February 28th, the 36th legislative day.

     Which motion prevailed and the bills were so deferred.

     SB 53:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reunification of an abused or neglected child with a parent and the subsequent termination of parental rights.

     Was read the second time.

53oa

     Rep. Van Norman moved that SB 53 be amended as follows:

     On page 2, line 1 of the printed bill, after " abandonment " insert " for at least six months ".

     On page 2 , line 2, after " neglect " insert " if the neglect was a serious threat to the safety of the child or another child ".

     On page 3, line 11, after " abandonment " insert " for at least six months ".

     On page 3 , line 12, after " neglect " insert " if the neglect was a serious threat to the safety of the child or another child ".

     Which motion prevailed and SB 53 was so amended.

     The question being "Shall SB 53 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 0, Absent 1

     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; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; 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:
Nachtigal

     Absent:
Gillespie

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

     SB 176:   FOR AN ACT ENTITLED, An Act to   clarify the purposes for which funds in the special racing revolving fund and South Dakota-bred racing fund may be used.

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


    Speaker Pro tempore Michels now presiding.

     The question being "Shall SB 176 pass?"

     And the roll being called:

     Yeas 22, Nays 48, Excused 0, Absent 0

     Yeas:
Begalka; Brown (Richard); Clark; Derby; Duniphan; Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Konold; Kooistra; McCaulley; Michels; Peterson (Bill); Pitts; Richter; Smidt; Solum; Wick; Speaker Eccarius

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

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

     SB 22:   FOR AN ACT ENTITLED, An Act to   allow for the placement of sex offenders under the age of fifteen on a registry of sex offenders.

     Was read the second time.

     Rep. Thomas Hennies moved that SB 22 be laid on the table.

     The question being on Rep. Thomas Hennies' motion that SB 22 be laid on the table.

     And the roll being called:

     Yeas 67, Nays 2, 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; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; 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:
Koistinen; Monroe

     Excused:
Holbeck

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 22 was laid on the table.

     SB 144:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding signs in any public right-of-way.

     Was read the second time.

144fc

     Rep. Bartling moved that SB 144 be amended as follows:

     On page 1 of the House Judiciary Committee engrossed bill, delete lines 11 to 14 , inclusive.

     On page 2 , delete lines 1 to 5 , inclusive.

     On page 2 , line 7, delete " and , 31-28-20 , " and insert "and 31-28-20".

     On page 2 , line 8, delete " and section 2 of this Act " .

    A roll call vote was requested and supported.

     The question being on Rep. Bartling's motion that SB 144 be amended.

     And the roll being called:

     Yeas 40, Nays 27, Excused 1, Absent 2

     Yeas:
Bartling; Begalka; Bradford; Brown (Jarvis); Burg; Clark; Davis; Elliott; Flowers; Frost; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Hunhoff; Kloucek; Lange; Lintz; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rhoden; Sigdestad; Slaughter; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Nays:
Adelstein; Broderick; Brown (Richard); Derby; Duenwald; Duniphan; Fryslie; Garnos; Heineman; Hennies (Don); Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Madsen; Michels; Peterson (Bill); Pitts; Pummel; Richter; Sebert; Smidt; Solum; Wick

     Excused:
Holbeck

     Absent:
Abdallah; Nesselhuf

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 144 was so amended.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 29, Excused 1, Absent 1

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Juhnke; Kloucek; Koistinen; Konold; Lange; Lintz; McCaulley; Michels; Nachtigal; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Teupel; Valandra

     Nays:
Adelstein; Burg; Duenwald; Duniphan; Frost; Garnos; Hargens; Jaspers; Jensen; Klaudt; Kooistra; Madsen; McCoy; Monroe; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Richter; Solum; Sutton (Duane); Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Holbeck

     Absent:
Nesselhuf

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

     SB 27:   FOR AN ACT ENTITLED, An Act to   transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.

     Was read the second time.

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

     And the roll being called:

     Yeas 38, Nays 31, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Hansen (Tom); Heineman; Hennies (Don); Hunhoff; Jaspers; Juhnke; Koistinen; Konold; Kooistra; Madsen; McCaulley; McCoy; Michels; Murschel; Napoli; Peterson (Bill); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Jensen; Klaudt; Kloucek; Lange; Lintz; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rhoden; Sigdestad; Sutton (Duane); Valandra; Van Norman

     Excused:
Holbeck

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

     SB 125:   FOR AN ACT ENTITLED, An Act to   clarify workers' compensation coverage for uncompensated volunteers and prisoners.

     Was read the second time.

125jg

     Rep. Broderick moved that SB 125 be amended as follows:

     On page 2, line 4 of the House State Affairs Committee engrossed bill, delete " is not otherwise " and insert " has never been ".

     Which motion prevailed and HB 125 was so amended.

      The question being "Shall SB 125 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 8, Excused 2, Absent 2

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

     Nays:
Burg; Frost; Kloucek; Monroe; Nachtigal; Olson (Mel); Pederson (Gordon); Van Etten

     Excused:
Derby; Holbeck

     Absent:
Begalka; Richter

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

     SB 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 second time.

     The question being "Shall SB 253 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 2, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); 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; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Derby; Holbeck

     Absent:
Brown (Richard); Slaughter

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

     SB 221:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 221 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

     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; Heineman; Hennies (Don); Hennies (Thomas); 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Derby; Holbeck; Peterson (Bill)

     Absent:
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.

     Rep. Mel Olson announced his intention to file a dissent regarding the ruling of the Chair on SB 27, pursuant to Joint Rule 1-10.

     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 second time.

     The question being "Shall SB 222 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; Heineman; Hennies (Don); Hennies (Thomas); 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Derby; Holbeck; Peterson (Bill)

     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.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 173, 185, and 231 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 SB 58 and returns the same with the recommendation that said bill be amended as follows:

58jb

     On page 1, line 8 of the Senate Commerce Committee engrossed bill, delete " Twelve " and insert " Thirteen ".

     On page 1 , line 9, after " page " insert " . One dollar of this fee shall be deposited into the financing statement filing fee fund ".

     On page 1 , line 10, delete " Ten " and insert " Eleven ".

     On page 1 , line 11, after " internet " insert " . One dollar of this fee shall be deposited into the financing statement filing fee fund ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

165jd

     On page 2, line 6 of the Senate Commerce Committee engrossed bill, delete " realty improvement or " and insert "an".

     On page 3 , line 15, after " department. " insert "No interest shall be paid on the refund amount.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 204 and returns the same with the recommendation that said bill be amended as follows:

204fa

     On page 1, line 8 of the Senate State Affairs Committee engrossed bill, after " card " insert " that provides evidence that a certified birth certificate issued by a city, county, or state was used to obtain the tribal identification card and is ".
     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 225 and returns the same with the recommendation that said bill be amended as follows:

225je

     On page 5, line 15 of the Senate engrossed bill, after " or " insert " , if allowed under the policy, ".

     On page 7 , line 17, delete " includes " and insert " may include ".

     On page 7 , line 17, after " cash " insert " , if allowed under the policy, ".

     On page 8 , line 1, delete " shall only be required to " and insert " may, if the policy so provides, ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 181 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 234 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 SB 153, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

153cb

     On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:
"      Section 1. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as follows:

     Individuals employed in an administrative capacity, but who do not hold a valid South Dakota certificate pursuant to chapter 13-42, are subject to the code of professional ethics as established under §  13-43-45.

     Section 2. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as follows:

     The Professional Administrators Practices and Standards Commission shall publish the findings of violations of the code of professional ethics in the designated legal newspaper of the school system where the respondent is currently employed or was last employed. The findings shall be published for three consecutive weeks."

153cd
    
     Delete the previously adopted amendment (153cb).

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

"      Section 1. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as follows:

     Individuals employed in an administrative capacity, but who do not hold a valid South Dakota certificate pursuant to chapter 13-42, are subject to the code of professional ethics as established under §  13-43-45.

     Section 2. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as follows:

     The Professional Administrators Practices and Standards Commission may publish a summary of the findings of fact, conclusions of law, and the decisions of the commission as they relate to violations of the code of professional ethics in the designated legal newspaper of the school system where the respondent is currently employed or was last employed. The findings shall be published for three consecutive weeks."

153ctb

     On page 1, line 1 of the Senate Education Committee engrossed bill, delete everything after " Act to " and insert "subject uncertified school administrators to a code of professional ethics and to allow for the publication of violations of the code of professional ethics.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 60 and returns the same with the recommendation that said bill be amended as follows:

60db
     On page 1, after line 12 of the printed bill, insert:

"

     Any approved K-12 application under the extraordinary cost fund must be funded prior to funding the Part C requests.

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

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

             (1)      "Level one disability," a mild disability;

             (2)      "Level two disability," a mental retardation or emotional disorder;

             (3)      "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

             (4)      "Level four disability," autism;

             (5)      "Level five disability," multiple disabilities;

             (5A)    "Level six disability," prolonged assistance;

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

             (7)      "Local effort," is the amount of taxes payable each year, using a levy for the special education fund of a school district of one dollar and thirty cents per thousand dollars of taxable valuation;

             (8)      "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 1999, is $3,504. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (9)      "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 1999, is $7,914. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (10)      "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 1999, is $10,116. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (11)      "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 1999, is $14,705. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (12)      "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 1999, is $15,808. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (12A)    "Allocation for a student with a level six disability," for the school fiscal year beginning July 2001, is $1,608. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (13)      "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to § §   13-37-1.1 and 13-37-46 submitted to the Department of Education and Cultural Affairs in accordance with rules promulgated pursuant to §   13-37-1.1;

             (14)      "Average daily membership," the average number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year plus the average number of pupils for whom the district pays tuition;

             (15)      "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education and cultural affairs for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

             (16)      "Nonpublic average daily membership," the average number of children under age sixteen who are approved for alternative instruction pursuant to §   13-27-2 during the previous school year plus:

             (a)      For nonpublic schools located within the boundaries of a public school district with an average daily membership of six hundred or more during the previous school year, the average number of kindergarten through twelfth grade pupils enrolled during the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

             (b)      For nonpublic schools located within the boundaries of a public school district with an average daily membership of less than six hundred during the previous school year, the average number of resident kindergarten through twelfth grade

pupils enrolled during the previous school year in all nonpublic schools located within the State of South Dakota;

             (17)      "Special education average daily membership," average daily membership plus nonpublic average daily membership;

             (18)      "Local need," an amount to be determined as follows:

             (a)      Multiply the special education average daily membership by 0.089 and multiply the result by the allocation for a student with a level one disability;

             (b)      Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;

             (c)      Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;

             (d)      Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;

             (e)      Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;

             (f)      Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;

             (g)     Sum the results of (a) through (e) (f) ;

             (19)      "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.30. The maximum effort factor is 1.0. ".

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

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 107 and 228.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1232 was lost on second reading and final passage.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1031, 1032, 1118, 1187, 1230, and 1278 and finds the same correctly enrolled.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1014, 1015, 1017, 1195, 1231, and 1291 were delivered to his Excellency, the Governor, for his approval at 8:50 a.m., February 27, 2001.

Respectfully submitted,
Scott Eccarius, Chair

     Speaker Eccarius now presiding.

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1031: FOR AN ACT ENTITLED, An Act to  require workers' compensation third party administrators to become licensed and registered and to provide for standards for the continued registration of third party administrators.


     HB 1032: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to child support.

     HB 1118: FOR AN ACT ENTITLED, An Act to  extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

     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.

     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.

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

     And signed the same in the presence of the House.

     Rep. Teupel moved that the House do now adjourn, which motion prevailed and at 3:57 p.m. the House adjourned.

Karen Gerdes, Chief Clerk