The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by House page Mary Omdahl.

     Roll Call: All members present except Reps. Jarvis Brown and Van Gerpen who were excused.

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-third 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,                 Respectfully submitted,
Bill Peterson                            Barbara Everist
William M. Napoli                    Eric H. Bogue
Mel Olson                            
House Committee                        Senate Committee

    House Page Resolution 4: Introduced by: Representatives Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad;

Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of     the Seventy-seventh Legislature of the State of South Dakota to Heather Asheim, Erin Enright, Mandy Foster, Ryan Henderson, Susan Kruse, Jessie Meyerink, Megan Nelson, Mary Omdahl, Andrea Peterson, Cecelia Pucket, Angela Thayer, Kamaria Tisher, Noah Torberson, and Nicole Veitz.

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

    WHEREAS, the members of the Seventy-seventh House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-seventh Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

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

     Nays:
Burg; Elliott; Flowers; Gillespie; Glenski; Hargens; Kloucek; Lange; Monroe; Nachtigal; Nesselhuf; Peterson (Jim); Valandra

     Excused:
Brown (Jarvis); Madsen; McCaulley; Olson (Mel); Pitts; Van Gerpen

     Absent:
Hansen (Tom); Van Norman

     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 1. There is hereby established an education enhancement program within the Department of Education and Cultural Affairs. The education enhancement program shall

distribute money to school districts to be used to reward teachers who have demonstrated their excellence in the teaching profession.".

     And the roll being called:

     Yeas 54, Nays 4, Excused 11, Absent 1

     Yeas:
Abdallah; Bartling; Bradford; Broderick; Brown (Richard); 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; Kloucek; Koistinen; Konold; Lintz; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Kooistra; Madsen; Monroe

     Excused:
Adelstein; Brown (Jarvis); Burg; Clark; Derby; Klaudt; Lange; Pummel; Richter; Sutton (Duane); Van Gerpen

     Absent:
Davis

     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.

     Excused:
Brown (Jarvis); Van Gerpen

     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 § 5-27-5 be amended to read as follows:

     5-27-5.   During fiscal year 1999, the Bureau of Finance and Management shall transfer each month three and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning in

fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month three and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning on January 1, 2003, the Bureau of Finance and Management shall transfer each month two and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation state highway fund.

     Section 5. On or about April 1, 2002, the state treasurer shall transfer the sum of fifteen million dollars ($15,000,000) from the petroleum release compensation fund to the state highway fund.

     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.".

"      Section 4. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

of the facility, the ethanol producer shall return all of the production incentive payment received in the previous fiscal year to the state. If the annual gross profit on the tangible net worth of the facility is ten to fifteen percent, inclusive, the ethanol producer shall return one-half of the production incentive payment received in the previous fiscal year to the state. Such return shall be made within ninety days of notification by the department. From the date that an ethanol producer's profit exceeds the threshold for return of one-half of the production incentive payment as provided in this section, the producer may never again in any year receive more than one-half of the production incentive payment to which the producer would have otherwise been entitled for that year. From the date that an ethanol producer's profit exceeds the threshold for return of all of the production incentive payment as provided in this section, the producer is no longer eligible for any future production incentive payment, and all such payments to the producer shall cease.".

"      Section 4. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

     And the roll being called:

     Yeas 51, Nays 16, Excused 2, Absent 1

     Yeas:
Abdallah; Bartling; Broderick; Burg; Clark; Davis; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel

     Nays:
Adelstein; Begalka; Bradford; Brown (Richard); Derby; Elliott; Heineman; Hennies (Don); Hennies (Thomas); McCaulley; Monroe; Pummel; Valandra; Van Etten; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Van Gerpen

     Absent:
Van Norman

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the amendment was tabled.

     Nays:
Adelstein; Kooistra; McCaulley; Richter; Speaker Eccarius

     Excused:
Brown (Jarvis); Van Gerpen

     Absent:
Van Norman

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

    I have the honor to inform your honorable body that the Senate has approved HB 1001 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.

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1273.

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1197.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 133 and has appointed Sens. Everist, Bogue, and Symens 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 page 2, line 17, delete " in ".

"      Section 6. That § 34A-13-54 be amended to read as follows:

     34A-13-54.   Except at sites determined to be high risk by the secretary of the Department of Environment and Natural Resources using risk-based corrective action criteria, the director shall suspend payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the balance of the fund is five two million dollars or below. The director shall resume payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the fund balance exceeds five two million dollars. Except as provided in § §   34A-13-49 to 34A-13-54, inclusive, all other limits of coverage, conditions, and criteria in this chapter apply to tank pulling and corrective action taken at abandoned sites. ".

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 133.