JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




THIRTY-NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, March 3, 2001

     The Senate convened at 8:30 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Kayla Flynn.

     Roll Call: All members present except Sen. Hagen who was excused.

APPROVAL OF THE JOURNAL


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

     Sen. Hainje moved that the Senate do now recess until 10:00 a.m., which motion prevailed and at 9:37 a.m., the Senate recessed.

RECESS


     The Senate reconvened at 10:00 a.m., the President presiding.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has approved SB 44 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form.

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


     Sen. Koskan moved that the report of the Conference Committee on HB 1285 as found on page 782 of the Senate Journal be adopted.

    The question being on Sen. Koskan's motion that the report of the Conference Committee on HB 1285 be adopted.

     And the roll being called:

     Yeas 19, Nays 13, Excused 3, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Koskan; McCracken; Munson; Olson (Ed); Putnam; Vitter; Whiting

     Nays:
Apa; Bogue; de Hueck; Dennert; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Reedy; Staggers; Symens

     Excused:
Hagen; Sutton (Dan); Volesky

     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.

     Sen. Everist moved that the Senate do now recess until 12:00 noon, which motion prevailed and at 10:25 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 12:00 noon, the President presiding.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of SB 44, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor at 11:37 a.m., March 3, 2001.

Respectfully submitted,
Arnold M. Brown, Chair
COMMUNICATIONS AND PETITIONS


March 3, 2001

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 221 and 222, and the same have been deposited in the office of the Secretary of State.

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.

Respectfully submitted,                         Respectfully submitted,
John E. Teupel                                Bob Drake

Burt Elliott                                    Jim Hutmacher
House Committee                                Senate Committee

     Sen. Everist moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 12:05 p.m., the Senate recessed.

RECESS


     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


     Sen. Drake moved that the report of the Conference Committee on HB 1227 as found on page 800 of the Senate Journal be adopted.

     The question being on Sen. Drake's motion that the report of the Conference Committee on HB 1227 be adopted.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Greenfield; Staggers

     Excused:
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.

     Sen. Hainje moved that the report of the Conference Committee on SB 239 as found on page 800 of the Senate Journal be adopted.

     Sen. Staggers moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 239 and that a new committee on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Sen. Madden requested a roll call vote.



    Which request was supported.

    The question being on Sen. Staggers' substitute motion that the Senate do not adopt the report of the Conference Committee on SB 239 and that a new committee be appointed.

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Albers; Apa; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Greenfield; Ham; Hutmacher; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Symens; Vitter; Whiting

     Nays:
Bogue; Brosz; Brown (Arnold); Diedrich (Larry); Drake; Everist; Hainje; Kleven; Putnam; Sutton (Dan); Volesky

     Excused:
Hagen

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.

     Sen. Everist moved that the Senate do now recess until 2:30 p.m., which motion prevailed and at 2:05 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 2:30 p.m., the President presiding.

     The President 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 on SB 239.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1227 and SB 226.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1139 and 1258.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     HB 1139: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district.

     HB 1142: FOR AN ACT ENTITLED, An Act to  amend the General Appropriations Act for fiscal year 2001.

     HB 1227: FOR AN ACT ENTITLED, An Act to  appropriate money to Black Hills Forest High School.

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

     HB 1279: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the tobacco prevention and reduction program.

     HB 1294: FOR AN ACT ENTITLED, An Act to  provide a financial incentive for school districts to consolidate.

     And signed the same in the presence of the Senate.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. Everist moved that the report of the Conference Committee on SB 226 as found on page 802 of the Senate Journal be adopted.

    Sen. Hutmacher challenged the ruling of the Chair as to the necessity of a two-thirds vote for approval of the report of the Conference Committee on SB 226. The President ruled the vote needed was a majority of the members-elect.

    The President's ruling was supported.


    Sen. Hutmacher announced his intention to file a letter of dissent pursuant to Joint Rule 1-10.

     The question now being on Sen. Everist's motion that the report of the Conference Committee on SB 226 be adopted.

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Putnam; Staggers; Vitter; Whiting

     Nays:
de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Olson (Ed); Reedy; Sutton (Dan); Symens; Volesky

     Excused:
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.

LETTER OF DISSENT

TO THE PRESIDENT OF THE SENATE:

     Senators James Hutmacher and Paul Symens, pursuant to Joint Rule 1-10, wish respectfully to dissent and protest the passage of Senate Bill 226 and the ruling of the chair that the bill required a simple majority for passage. This type of appropriation bill is one which sets aside state funds in a special fund. Whether or not the resulting funds are specifically or continuously appropriated, this revenue is no longer available for the ordinary expenses of state government since it has already been set apart; consequently, it is a form of "other appropriations" covered by Section 2 of Article XII of the South Dakota Constitution. Any bill which segregates funds which would otherwise go into the general fund falls under the definition of "other appropriations" and thus the two-thirds vote requirement.

    We, therefore, feel the passage of this Act is in contravention of the Constitution and as such is null and void.

    We respectfully request this dissent be printed in the Senate Journal.

Jim Hutmacher

Paul Symens



MOTIONS AND RESOLUTIONS


     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

     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.

     Was read the second time.

j4ra

     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 .

     Which motion prevailed.

     The question being "Shall SJR 4 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 5, Excused 3, Absent 0

     Yeas:
Albers; Apa; Brosz; Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Whiting

     Nays:
Bogue; de Hueck; Greenfield; Koskan; Volesky

     Excused:
Brown (Arnold); Hagen; Munson

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



MOTIONS AND RESOLUTIONS


     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


     SB 254:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to constitutional amendments and submitted questions and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 254 pass?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0


     Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Bogue; de Hueck; Greenfield; Koskan

     Excused:
Hagen; Munson

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

MOTIONS AND RESOLUTIONS


     Sen. Drake moved that the Senate do not concur in House amendments to SB 245 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Putnam, Arnold Brown, and Hutmacher.

REPORTS OF CONFERENCE COMMITTEES


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

     Sen. McCracken moved that the report of the Conference Committee on SB 229 be adopted.



     The question being on Sen. McCracken's motion that the report of the Conference Committee on SB 229 be adopted.

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
de Hueck

     Excused:
Brown (Arnold); Hainje; Putnam

     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.

MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1233 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Everist moved that HB 1233 be placed at the top of today's calendar.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     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.

     Was read the first time and the President waived the referral to committee.



SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     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.

     Was read the second time.

     The question being "Shall HB 1233 pass?"

     And the roll being called:

     Yeas 29, Nays 1, Excused 5, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Koetzle

     Excused:
Brown (Arnold); Hagen; Hutmacher; Putnam; Symens

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 98 and 149 were delivered to his Excellency, the Governor, for his approval at 9:05 p.m., March 3, 2001.

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 226 and 229 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair


SIGNING OF BILLS


     The President publicly read the title to

     SB 226: FOR AN ACT ENTITLED, An Act to  revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale at any one time or from time to time of a portion of or all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, and to establish certain funds.

     SB 229: FOR AN ACT ENTITLED, An Act to  provide direction to the South Dakota Investment Council in the investment of the net proceeds derived from the sale of state cement enterprises and to declare an emergency.

     And signed the same in the presence of the Senate.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 229.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Heineman, Madsen, and Davis as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 245.

Also MADAM PRESIDENT:

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

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

     Sen. Everist moved that the report of the Conference Committee on SB 153 be adopted.

     The question being on Sen. Everist's motion that the report of the Conference Committee on SB 153 be adopted.

     And the roll being called:

     Yeas 25, Nays 6, Excused 4, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Moore; Munson; Olson (Ed); Putnam; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Dennert; Greenfield; Hutmacher; Koetzle; McIntyre; Reedy

     Excused:
Apa; Duxbury; Hagen; Staggers

     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 STANDING COMMITTEES


MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 226 and 229 were delivered to his Excellency, the Governor, for his approval at 12:10 a.m., March 4, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 254 and SJR 4 which have passed the House without change.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 153, 239, and 245.

Respectfully,
Karen Gerdes, Chief Clerk

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 153, 245, and 254 and SJR 4 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

SIGNING OF BILLS


     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

     Sen. Munson moved that the report of the Conference Committee on SB 239 be adopted.

     The question being on Sen. Munson's motion that the report of the Conference Committee on SB 239 be adopted.

     And the roll being called:

     Yeas 22, Nays 10, Excused 3, Absent 0


     Yeas:
Albers; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Greenfield; Ham; Hutmacher; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Apa; Bogue; Brosz; Brown (Arnold); Diedrich (Larry); Drake; Everist; Hainje; Putnam; Vitter

     Excused:
Duxbury; Hagen; Kleven

     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.

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Wednesday, March 21, the 40th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 239 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

SIGNING OF BILLS


     The President publicly read the title to

     SB 239: FOR AN ACT ENTITLED, An Act to  establish the regents scholarship program and provide for its funding.

     And signed the same in the presence of the Senate.


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 153, 245, and 254 were delivered to his Excellency, the Governor, for his approval at 1:25 a.m., March 4, 2001.

Also MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SJR 4 was delivered to her Excellency, the Secretary of State, for filing at 1:25 a.m., March 4, 2001.


Also MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 239 was delivered to his Excellency, the Governor, for his approval at 1:40 a.m., March 4, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

     Sen. Greenfield moved that the Senate do now adjourn, which motion prevailed and at 1:42 a.m., March 4, 2001, the Senate adjourned.

Patricia Adam, Secretary