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

     Roll Call: All members present.

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

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

     And we hereby move the adoption of the report.

    I have the honor to inform your honorable body that the Senate has appointed Sens. Drake, Staggers, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1227.

"    Section 1. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

     Section 2. In order to be eligible for a regents scholarship award, a student shall:

     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.

     Section 4. Scholarship payments shall be made on a semester-by-semester basis. The amount of award shall be as follows:

     Section 5. In order to maintain eligibility, a student shall:

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 Section 3 of this Act is repealed on July 1, 2003."

     Yeas 69, Nays 1, Excused 0, 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; 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:
Begalka

     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.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1139, 1142, 1227, 1258, 1279, and 1294 and finds the same correctly enrolled.

     The Committee on Legislative Procedure respectfully reports that HB 1003, 1024, 1045, 1203, 1218, and 1253 were delivered to his Excellency, the Governor, for his approval at 8:22 a.m., March 3, 2001.

    "From the Game, Fish and Parks Fund:

Radio Communications Operations        $136,277

    From the Game, Fish and Parks Administrative Revolving Fund:

Governor's Office Operations            $12,882"

"Fire Suppression
    Personal Services        $347,144    $338,976    $50,116        $736,236
    Operating Expenses    $340,722    $140,001    $160,328    $641,051

    Total                $687,866    $478,977    $210,444    $1,377,287
    FTE                                                        22.2".

    "From the South Dakota Bred Racing Fund:

Department of Health - Health Systems Development and Regulation    $1,000,000

Department of Social Services - Adult Services and Aging                $125,000

    From the Special Racing Revolving Fund:

Department of Agriculture - Resource Conservation and Forestry        $300,000

Department of Agriculture - State Fair                                $700,000

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 29, Nays 41, Excused 0, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Frost; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Klaudt; Kloucek; Koistinen; Lange; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sigdestad; Sutton (Duane); Valandra; Van Etten; Van Norman

     Nays:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Flowers; Garnos; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Napoli; Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Van Gerpen; Wick; Speaker Eccarius

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

     On page 32, line 23 of the House Appropriations Committee engrossed bill, increase operating expenses GENERAL FUNDS "$200,000".

Adjust all totals accordingly.

"      Section 29. Two hundred thousand dollars of operating expenses in the legal services program in the attorney general's office shall be used to pay legal expenses incurred by Tamara Wagaman and Raelene Layne resulting from criminal charges and lawsuits related to the death of Gina Score".

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 239 and has appointed Sens. Munson, Apa, and Moore as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

    I have the honor to return herewith HB 1233 which has passed the Senate without change.

"      Section 1. That § 28-6-31 be amended to read as follows:

     28-6-31.   Each publicly owned and operated nursing facility participating under the provisions of § §   28-6-28 to 28-6-36, inclusive, immediately upon receiving a payment under §   28-6-30, shall remit the amount of that payment, less a transaction fee, to the department for credit to:

     28-6-28.   Terms used in § §   28-6-28 to 28-6-36, inclusive, mean:

care and related medical services of such complexity as to require professional nursing care under the direction of a physician twenty-four hours a day;

     28-6-35.   The department may promulgate rules pursuant to chapter 1-26 for the administration of § §   28-6-28 to 28-6-36, inclusive. The rules may include criteria for establishing, funding, and administering the pool, criteria for participation in the intergovernmental transfer, penalties for failing to immediately remit the funds to the department, criteria for the transfer of funds, the establishment of transaction fees, and other policies to facilitate the administration of the intergovernmental transfer health care trust fund or the funding pool.

     Section 4. That § 28-6-33 be amended to read as follows:

     28-6-33.   There is hereby established in the state treasury a fund known as the intergovernmental transfer fund. The fund shall include revenue received from publicly owned and operated nursing facilities for remittance to the fund under §   28-6-31. The department shall administer the fund and shall adopt procedures for participation by publicly owned and operated nursing facilities. All moneys designated for the fund from whatever source derived shall be deposited with the state treasurer in the intergovernmental transfer fund. The amounts in the intergovernmental transfer fund shall be invested pursuant to § §   4-5-23 and 4-5-26 and the earnings shall be deposited in the intergovernmental transfer fund. The investment of moneys in the health care trust fund as provided in S.D. Const. Art., XII, §  5 is not restricted by the provisions of §  4-5-26, but is governed by the provisions of §  4-5-27.

     Section 5. That § 10-50B-11 be amended to read as follows:

     10-50B-11.   The people's trust fund is established in the state treasury. Any money received from the Master Settlement Agreement signed on November 23, 1998, by attorneys general from several states and various tobacco companies shall be deposited in the people's trust fund. The principal in the trust fund may not be expended. The fund shall be invested according to § §   4-5-23 and 4-5-26. Interest earned on money in the fund shall be deposited in the people's interest fund created in §   10-50B-12 education enhancement trust fund as provided in S.D. Const., Art. XII, §  6 .

     Section 6. That chapter 10-50B be amended by adding thereto a NEW SECTION 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. The fund shall be invested according to § §   4-5-23 and 4-5-26.

     Section 8. That § 13-14-6 be repealed.

     13-14-6.   There is established within the state treasury the youth-at-risk education trust fund. The fund shall be declared a participating fund and it shall be credited for all interest earned on the fund. Expenditures from the fund shall be limited to the interest earned on the fund. Expenditures from such fund shall be made only upon approval of the Legislature.

     Section 9. That § 13-14-8 be repealed.

     13-14-8.   Expenditures from the youth-at-risk education trust fund shall only be made from the interest earned on the principal held in the trust fund. Allocations from the youth-at-risk education trust fund shall be available as grants for local projects benefitting at-risk youth including early identification, early childhood projects, parental involvement projects, prevention awareness initiatives, substance abuse prevention, dropout prevention programs, career exploration and vocational education projects, the centennial school improvement program, alternative high school programs, school-to-work transition projects, health and medical services programs, mental health services, family-based services, institutional care, and juvenile aftercare. The department of education and cultural affairs may promulgate rules pursuant to chapter 1-26 to establish application procedures, guidelines for eligibility, timelines, guidelines for program content and structure, evaluation methods, award procedures, and grant procedures.

     Section 10. This Act is effective only if the proposed amendment to the Constitution contained in Senate Joint Resolution 4 as previously adopted by the Seventy-sixth Legislature is approved by the voters on April 10, 2001. If this Act becomes effective, sections 7 and 8 of this Act are effective on July 1, 2002."

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1233 and finds the same correctly enrolled.

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

"    Section 4. That at the election designated by the Seventy-fifth Legislature, meeting in special session, to be held April 10, 2001, the following question, as set forth in section 5 of this

Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

     Section 5. The decision of the South Dakota State Cement Plant Commission to sell the South Dakota State Cement Plant and Dacotah Cement to Grupo Cementos de Chihuahua is hereby rescinded.".

     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; 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

     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.

     The question being on Rep. Heineman's motion that the report of the Conference Committee on SB 245 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Bradford; 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; 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; Van Norman; Wick; Speaker Eccarius

     Excused:
Bartling; Broderick; Konold

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