JOURNAL OF THE SENATE
THIRTY-NINTH DAY
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, March 3, 2001
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-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.
Respectfully submitted,
Arnold M. Brown, Chair
Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT
The Committee on Legislative Procedure respectfully reports that SB 14, 27, 52, 53, 58,
60, 125, 144, 160, 165, 186, 204, 209, 223, 225, 234, and 253 were delivered to his Excellency,
the Governor, for his approval at 8:22 a.m., March 3, 2001.
Respectfully submitted,
Arnold M. Brown, Chair
The Senate reconvened at 10:00 a.m., the President presiding.
MESSAGES FROM THE HOUSE
Respectfully,
Karen Gerdes, Chief Clerk
COMMUNICATIONS AND PETITIONS
March 2, 2001
Madam President and Members of the Senate:
I have the honor to inform you that I have approved SB 25, 26, 39, 82, 106, 128, 169, 210,
and 224, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
William J. Janklow
Governor
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
RECESS
The Senate reconvened at 12:00 noon, the President presiding.
REPORTS OF STANDING COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
COMMUNICATIONS AND PETITIONS
Respectfully submitted,
William J. Janklow
Governor
REPORTS OF CONFERENCE COMMITTEES
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1227 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do concur with the Senate amendments.
The Senate reconvened at 1:30 p.m., the President presiding.
REPORTS OF CONFERENCE COMMITTEES
(continued)
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 239 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 239 be amended as follows:
On the House engrossed bill, delete everything after the enacting clause and insert:
"Section 1. That chapter
13-55
be amended by adding thereto a NEW SECTION to read
as follows:
There is established the regents scholarship program to be administered by the Board of
Regents. It is the intention of the Legislature that the scholarship program is to be used at any
postsecondary educational institution in South Dakota. A postsecondary educational institution
is any postsecondary school, whether it is public or nonpublic; religious or nonreligious;
sectarian or nonsectarian; for profit, not for profit, or nonprofit; a bible college or not a bible
college; or governed by the Board of Regents or not governed by the Board of Regents.
Section 2. In order to be eligible for a regents scholarship award, a student shall:
(1) Be a resident of South Dakota at the time of graduation from high school;
(2) Meet the high school graduation requirements as provided in Board of Regents Policy
2:3.2.F as in effect on January 25, 2001;
(3) Attend any postsecondary educational institution in South Dakota whether it is a
university, technical school, college, or any other postsecondary institution; public
or nonpublic; religious or nonreligious; sectarian or nonsectarian; for profit, not for
profit, or nonprofit; a bible college or not a bible college; governed by the Board of
Regents or not governed by the Board of Regents;
(4) Enter into the program within one year of graduation from high school.
A student is eligible to participate in the regents scholarship program for the equivalent of
four academic years or until the attainment of a baccalaureate or technical degree, whichever
comes first.
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:
(1) One thousand dollars for the first year of attendance;
(2) One thousand dollars for the second year of attendance;
(3) One thousand five hundred dollars for the third year of attendance;
(4) Two thousand five hundred dollars for the fourth year of attendance.
The total amount of the scholarship may not exceed six thousand dollars.
Section 5. In order to maintain eligibility, a student shall:
(1) Maintain a cumulative 3.0 grade point average on a 4.0 scale. Cumulative grade point
average shall be calculated after the second semester and every semester thereafter.
The student shall complete consecutive spring and fall terms in order to remain
eligible for continuation of the scholarship program from term to term. Once a
student's cumulative grade point average falls below 3.0 on a 4.0 scale, the student
permanently loses eligibility for continuation in the scholarship program;
(2) Complete fifteen credit hours of instruction per semester. The student must enroll in
and complete at least fifteen credit hours of instruction in each consecutive spring
and fall term. If the executive director of the Board of Regents determines that a
student's failure to enroll or to maintain continued enrollment occurred as a direct
result of legitimate factors outside the student's control, or has resulted from the
student's participation in an activity that in the executive director's judgment provides
knowledge or experience that will enhance the student's academic pursuits, the
executive director may extend the student's eligibility to participate in the program
for up to two additional years, if the student does not enroll in a noneligible
institution;
(3) Sit for and pass the college proficiency exam as required by Board of Regents Policy
2.28 as in effect on October 6, 2000, at the end of the sophomore year. If the student
fails to pass the proficiency exam the first time, eligibility is forfeited for
continuation in the scholarship program;
(4) All eligible students shall certify not to use tobacco products for the entire term in
which they will be participating in the regents scholarship. Failure to comply shall
result in loss of eligibility.
Section 6. The Board of Regents shall make payments to each participating postsecondary
school at the end of each semester. The amount shall be based on the number of eligible students
attending the school for the preceding semester.
Section 7. Section 3 of this Act is repealed on July 1, 2003."
Respectfully submitted, Respectfully submitted,
Bill Peterson Dick Hainje
Matthew Michels Don Brosz
Dan Sutton
House Committee Senate Committee
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 226 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 226 be amended as follows:
On page
2,
line 23 of the House engrossed bill,
after "
Act
"
insert "or any replacement or
successor fund or account created by law".
On page
3
,
line 13,
after "
Act
"
insert "or any replacement or successor fund or account
created by law".
On page
3
,
line 16,
after "
Act
"
insert "or any replacement or successor fund or account
created by law".
On page
11
,
line 20,
after "
assets
"
insert "or as otherwise provided by law. "
On page
12
,
line 1,
after "
fund
"
insert ", or to such other fund or account as shall otherwise
be provided by law,".
On page
12
,
line 1,
delete "
period
"
and insert "periodic".
On page
13
,
line 10,
delete "
college
"
and insert "postsecondary".
On page
13
,
line 10,
delete "
postsecondary
"
.
On page
13
,
line 12,
after "
academic
"
insert "or teaching".
On page
13
,
line 12,
delete "
primary and
"
.
On page
13
,
line 13,
delete "
secondary
"
.
On page
13
,
line 13,
after "
;
"
insert "and".
On page
13
,
delete line
14
.
On page
13
,
line 15,
delete "
(4)
"
and insert "(3)".
On page
13
,
line 16,
delete "
development
"
and insert "or support educational".
On page
13
,
delete lines
18 to 22
, inclusive.
On page
13
,
line 23,
delete everything before "
investment
"
and insert "Any".
On page
13
,
line 24,
delete "
12
"
and insert "13".
On page 14, line 3, delete everything after "." and insert "This Act shall take effect ninety
days after the adjournment of the Seventy-sixth Legislative Session."
On page 14, delete lines 4 and 5.
On page 1, delete line 8, and insert "trust fund, and to establish certain funds."
Respectfully submitted, Respectfully submitted,
Bill Peterson Barbara Everist
Scott Eccarius Arnold M. Brown
House Committee Senate Committee
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
Respectfully,
Karen Gerdes, Chief Clerk
LETTER OF DISSENT
Sen. Everist moved that the rules be suspended for the sole purpose of introducing, giving
first reading to, dispensing with referral to committee, and placing on today's calendar a joint
resolution proposing and submitting to the electors at a special election an amendment to the
Constitution relating to the creation and administration of trust funds.
The question being on Sen. Everist's motion that the rules be suspended for the sole
purpose of introducing, giving first reading to, dispensing with referral to committee, and
placing on today's calendar a joint resolution proposing and submitting to the electors at a
special election an amendment to the Constitution relating to the creation and administration
of trust funds.
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer);
Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden;
McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens;
Vitter; Volesky; Whiting
Nays:
Bogue; de Hueck; Koskan
Excused:
Hagen; Munson
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried and the rules were suspended.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SJR 4
Introduced by:
Senators Hainje, Daugaard, Everist, Hutmacher, and Moore and
Representatives Eccarius, Olson (Mel), and Peterson (Bill)
A JOINT RESOLUTION,
Proposing and submitting to the electors at a special election
designated by the Seventy-sixth Legislature, an amendment to Article XII of the Constitution
of the State of South Dakota, relating to the creation and administration of trust funds.
BE IT RESOLVED BY THE SENATE OF THE STATE OF SOUTH DAKOTA, THE HOUSE
OF REPRESENTATIVES CONCURRING THEREIN:
Section
1.
That at the election designated by the Seventy-fifth Legislature, meeting in
special session, to be held in the state on April 10, 2001, the following amendment to Article
XII of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint
Resolution, which is hereby agreed to, shall be submitted to the electors of the state for
approval.
Section
2.
That Article XII of the Constitution, of the State of South Dakota, be amended
by adding thereto NEW SECTIONS to read as follows:
§
5. There is hereby created in the state treasury a trust fund named the health care trust
fund. The state treasurer shall deposit into the health care trust fund any funds on deposit in the
intergovernmental transfer fund as of July 1, 2001, and thereafter any funds appropriated to the
health care trust fund as provided by law. The South Dakota Investment Council or its successor
shall invest the health care trust fund in stocks, bonds, mutual funds, and other financial
instruments as provided by law. Beginning in fiscal year 2003, and each year thereafter, the state
treasurer shall make a distribution from the health care trust fund into the state general fund to
be appropriated by law for health care related programs. The calculation of the distribution shall
be defined by law and may promote growth of the fund and a steadily growing distribution
amount. The health care trust fund may not be diverted for other purposes nor may the principal
be invaded unless appropriated by a three-fourths vote of all the members-elect of each house
of the Legislature. The original principal and any funds thereafter deposited or appropriated to
the trust fund shall forever remain inviolate.
§
6. There is hereby created in the state treasury a trust fund named the education
enhancement trust fund. The state treasurer shall deposit into the education enhancement trust
fund any funds received as of July 1, 2001, and funds received thereafter by the state pursuant
to the Master Settlement Agreement entered into on November 23, 1998, by the State of South
Dakota and major United States tobacco product manufacturers or the net proceeds of any sale
or securitization of rights to receive payments pursuant to the Master Settlement Agreement,
any funds in the youth-at-risk trust fund as of July 1, 2001, and thereafter any funds
appropriated to the education enhancement trust fund as provided by law. The South Dakota
Investment Council or its successor shall invest the education enhancement trust fund in stocks,
bonds, mutual funds, and other financial instruments as provided by law. Beginning in fiscal
year 2003, and each year thereafter, the state treasurer shall make a distribution from the
education enhancement trust fund into the state general fund to be appropriated by law for
education enhancement programs. The calculation of the distribution shall be defined by law
and may promote growth of the fund and a steadily growing distribution amount. The education
enhancement trust fund may not be diverted for other purposes nor may the principal be invaded
unless appropriated by a three-fourths vote of all the members-elect of each house of the
Legislature. The original principal and any funds thereafter deposited or appropriated to the trust
fund shall forever remain inviolate.
Section
3.
The provisions of section 2 of this Joint Resolution shall be effective on July 1,
2001.
Was read the first time and the President waived the referral to committee.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
Sen. Symens moved that SJR 4 be amended as follows:
On page
2,
line 8 of the printed resolution,
delete everything after "
Legislature.
"
On page
2
,
delete line
9
.
On page
3
,
line 1,
delete everything after "
Legislature.
"
On page
3
,
delete line
2
.
Sen. Everist moved that the rules be suspended for the sole purpose of introducing, giving
first reading to, dispensing with referral to committee, and placing on today's calendar a bill
relating to revising certain provisions relating to constitutional amendments and submitted
questions.
The question being on Sen. Everist's motion that the rules be suspended for the sole
purpose of introducing, giving first reading to, dispensing with referral to committee, and
placing on today's calendar a bill relating to revising certain provisions relating to constitutional
amendments and submitted questions.
And the roll being called:
Yeas 29, Nays 3, Excused 3, Absent 0
Yeas:
Albers; Apa; Brosz; Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury;
Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken;
McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter;
Volesky; Whiting
Nays:
Bogue; de Hueck; Koskan
Excused:
Brown (Arnold); Hagen; Munson
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 254
Introduced by:
Senators Everist, Brown (Arnold), Daugaard, Hainje, Hutmacher,
and Moore and Representatives Peterson (Bill), Eccarius, and Olson (Mel)
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to constitutional
amendments and submitted questions and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Notwithstanding
§
12-13-1, the deadline for the secretary of state to deliver a
certified copy of the proposed amendment to the Constitution contained in Senate Joint
Resolution 4 as previously adopted by the Seventy-sixth Legislature together with a statement,
title, explanation, and recitation of the effect of a "Yes" or "No" vote to be published preceding
the text of the proposed amendment is March 6, 2001.
Section 2. Notwithstanding
§
12-13-9, the deadline for the attorney general to provide the
statement, title, explanation, and recitation of a "Yes" or "No" vote for the amendment
contained in Senate Joint Resolution 4 as previously adopted by the Seventy-sixth Legislature
shall be March 5, 2001.
Section 3. Notwithstanding
§
12-13-2, the deadline for county auditors to mail to each
official newspaper of the county a copy of the amendment contained in Senate Joint Resolution
4 as previously adopted by the Seventy-sixth Legislature shall be March 9, 2001.
Section 4. Any person who has received or voted an absentee ballot for the April 10, 2001,
special election prior to the effective date of this Act shall be given the opportunity to vote a
new absentee ballot containing the amendment contained in Senate Joint Resolution 4 as
previously adopted by the Seventy-sixth Legislature. The first absentee ballot for an absentee
voter who votes a new absentee ballot under this section shall remain unopened and not
counted.
Section 5. Any additional costs associated with placing the amendment contained in Senate
Joint Resolution 4 as previously adopted by the Seventy-sixth Legislature on the April 10, 2001,
special election ballot will be reimbursed to the counties and the secretary of state from funds
generated from the sale of the state cement plant. If for any reason those funds are not available,
the state shall reimburse the counties for the costs of the April 10, 2001, special election.
Section 6. 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.
Was read the first time and the President waived the referral to committee.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 229 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
Bill Peterson Royal "Mac" McCracken
Alice McCoy Barbara Everist
Kay Davis Gil Koetzle
House Committee Senate Committee
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
Respectfully,
Karen Gerdes, Chief Clerk
Respectfully submitted,
Arnold M. Brown, Chair
Respectfully,
Karen Gerdes, Chief Clerk
REPORTS OF CONFERENCE COMMITTEES
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 245 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 245 be amended as follows:
On the House engrossed bill, delete everything after the enacting clause and insert:
"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:
(1)
The
intergovernmental transfer
health care trust
fund
as provided in S.D. Const., Art.
XII,
§
5
in an amount equal to the applicable federal medical assistance percentage
times the total remittance to the department, less the transaction fee; and
(2)
The department's other funds for all remaining amounts.
Section 2. That
§
28-6-28
be amended to read as follows:
28-6-28.
Terms used in
§
§
28-6-28 to 28-6-36, inclusive, mean:
(1)
"Department," the Department of Social Services;
(2)
"Fiscal period," up to a twelve-month period determined by the department;
(3)
"Funding pool," pool of funds established in accordance with
§
28-6-29;
(4)
"
Intergovernmental transfer
Health care trust
fund," the fund established
as provided
in S.D. Const., Art. XII,
§
5
to hold the federal portion of the monetary difference
between the medicaid payment and the medicare upper limits maximum allowable
reimbursement, less transaction fees paid to publicly owned and operated nursing
facilities;
(5)
"Medical assistance," the medicaid program authorized by Title XIX of the Social
Security Act, 42 U.S.C.1396d, as amended through January 1, 2000, which provides
medical assistance to eligible individuals and is operated under
§
28-6-1;
(6)
"Medicare," the Health Insurance for the Aged Act, Title XVIII of the Social Security
Amendments of 1965 and as amended through January 1, 2000;
(7)
"Nursing facility," any facility participating in medicaid that is licensed, maintained,
and operated for the express or implied purpose of providing care to one or more
persons, whether for consideration or not, who are not acutely ill but require nursing
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;
(8)
"Political subdivision," any municipality or county;
(9)
"Publicly owned and operated nursing facility," a nursing facility that is owned and
operated by a political subdivision of the state and is participating in medicaid.
Section 3. That
§
28-6-35
be amended to read as follows:
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:
The investment of moneys in the education enhancement trust fund as provided in S.D.
Const. Art. XII,
§
6 is not restricted by the provisions of
§
4-5-26, but is governed by the
provisions of
§
4-5-27.
Section 7. That
§
10-50B-12
be repealed.
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."
On page
1
,
line 1,
delete everything after "
to
"
and insert "implement certain amendments
to Article XII of the Constitution of the State of South Dakota regarding trust funds."
On page
1
,
delete line
2
.
Respectfully submitted, Respectfully submitted,
Phyllis M. Heineman J.E. "Jim" Putnam
Christopher W. Madsen Arnold M. Brown
Kay Davis Jim Hutmacher
House Committee Senate Committee
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
Sen. Putnam moved that the report of the Conference Committee on SB 245 be adopted.
The question being on Sen. Putnam's motion that the report of the Conference Committee
on SB 245 be adopted.
And the roll being called:
Yeas 28, Nays 3, Excused 4, Absent 0
Yeas:
Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake;
Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore;
Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky;
Whiting
Nays:
Bogue; Greenfield; Koskan
Excused:
Albers; de Hueck; Duxbury; Hagen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
REPORTS OF CONFERENCE COMMITTEES
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 153 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 153 be amended as follows:
On page
1 of the House Education Committee engrossed bill,
delete lines
10 to 12
,
inclusive.
On page
2
,
delete lines
1 to 4
, inclusive.
On page
1
,
line 2,
delete everything after "
ethics
"
and insert "."
On page
1
,
delete line
3
.
Respectfully submitted, Respectfully submitted,
Scott Eccarius Barbara Everist
Matt McCaulley Larry Diedrich
Kay Davis
House Committee Senate Committee
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
Respectfully,
Karen Gerdes, Chief Clerk
REPORTS OF STANDING COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
The President publicly read the title to
SB 153:
FOR AN ACT ENTITLED, An Act to
subject uncertified school administrators
to a code of professional ethics.
SB 245:
FOR AN ACT ENTITLED, An Act to
implement certain amendments to Article
XII of the Constitution of the State of South Dakota regarding trust funds.
SB 254:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
constitutional amendments and submitted questions and to declare an emergency.
SJR 4: A JOINT RESOLUTION, Proposing and submitting to the electors at a special
election designated by the Seventy-sixth Legislature, an amendment to Article XII of the
Constitution of the State of South Dakota, relating to the creation and administration of trust
funds.
HB 1233:
FOR AN ACT ENTITLED, An Act to
appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
And signed the same in the presence of the Senate.
REPORTS OF CONFERENCE COMMITTEES
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 239 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 239 be amended as follows:
On page
1,
line 7 of the House engrossed bill,
delete everything after "
Regents.
"
On page
1
,
line 8,
delete everything before "
The
"
.
On page
1
,
line 10,
after "
Dakota's
"
insert "public or nonpublic".
On page
1
,
line 15, before "accredited" insert "public or nonpublic".
On page
2
,
line 10,
delete "
on a semester by semester basis
"
and insert "to the institutions
at the beginning of the fall or spring semester on behalf of the eligible student".
On page
3
,
delete lines
16 and 17
and insert:
"Section 6. This Act does not take effect until an appropriation by the Legislature has been
made which specifically references this Act."
On page
3
,
delete lines
19 to 24
, inclusive.
On page
4
,
delete lines
1 to 4
, inclusive.
Respectfully submitted, Respectfully submitted,
Claire B. Konold David R. Munson
B. Michael Broderick, Jr.
Garry A. Moore
House Committee Senate Committee
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
Respectfully submitted,
Arnold M. Brown, Chair