JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION



THIRTY-NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Saturday, March 8, 2003

     The House convened at 9:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House pages Matthew Clark and Alyson Wise.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

    The committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-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,
Matthew Michels, Chair

    Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 119 as found on page 763 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of SB 119 be approved?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford

     Excused:
Putnam; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1282 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1282 be amended as follows:
    
     On page 1 of the Senate engrossed bill, delete lines 9 and 10 , and insert:

" and receipt of a pardon application for a pardon, and the proceedings of the Board of Pardons and Paroles shall be sealed. The effect of such order is to restore such The Governor shall file

a public document with the secretary of state certifying that the Governor has pardoned the person in compliance with the provisions ".


     On page 1 , line 11, after " chapter. " insert " The document shall remain a public document for five years and after five years that document shall be sealed. ".

Respectfully submitted,                 Respectfully submitted,
Christopher W. Madsen                Eric H. Bogue
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1282.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1284 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.
Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Hennies moved that the House do concur in Senate amendments to HB 1191.

     Rep. Adelstein moved as a substitute motion that the House do not concur in Senate amendments to HB 1191 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion lost.

     The question being on Rep. Hennies' motion that the House do concur in Senate amendments to HB 1191.

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Williamson; Speaker Michels

     Nays:
Frost; McCaulley; Smidt; Wick

     Excused:
Putnam; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1104.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1104.

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
McCaulley; Nesselhuf

     Excused:
Valandra

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1284.

     Rep. Bill Peterson moved that the consideration of HB 1284 be placed at the end of today's calendar.

     Which motion prevailed and the bill was so placed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Madsen moved that the report of the Conference Committee on HB 1282 as found on pages 804 and 805 of the House Journal be adopted.

     The question being on Rep. Madsen's motion that the report of the Conference Committee on HB 1282 be adopted.

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Klaudt; Koistinen; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Juhnke; Konold; Pederson (Gordon); Smidt

     Excused:
Putnam; Valandra

     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.

     There being no objection, the House reverted to Order of Business No. 8.


MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1284.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1284.

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Van Norman

     Excused:
Putnam; Valandra

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 61:   FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and other tobacco products and to declare an emergency.

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

61ff

     Rep. Bill Peterson moved that SB 61 be amended as follows:

     On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 13-13-10.1 be amended to read as follows:


     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to §   13-28-42 and plus the average number of pupils for whom the district pays tuition;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows:

             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

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

             (4)      "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student allocation shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per student allocation shall be the previous fiscal year's per student allocation increased by the index factor, plus the enrollment adjustment;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to §   10-12-42;
             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty thirty percent;

             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to §   10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of § §   13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.

     Section 2. That § 13-13-73.2 be amended to read as follows:

     13-13-73.2.   A school district's state aid for general education as calculated pursuant to §   13-13-73 shall be reduced by the following calculation:

             (1)      Subtract the allowable general fund balance from the general fund balance. If the result is less than zero, (1) equals zero;

             (2)      Determine the lower of the general fund base percentage or the general fund balance percentage;

             (3)      Subtract twenty percent (0.2) thirty percent (0.3) from the result of (2). If the result is less than zero, (3) equals zero;

             (4)      Multiply the result of (3) by the district's general fund expenditures in the previous school fiscal year;

             (5)      Multiply the result of (4) by the imputed interest rate;

             (6)      Add the result of (1) and the result of (5). "

     Which motion prevailed and SB 61 was so amended.

      The question being "Shall SB 61 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 6, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Williamson; Speaker Michels

     Nays:
Buckingham; Heineman; Konold; McCaulley; Smidt; Wick

     Excused:
Valandra

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

     The question being on the title.

     Rep. Bill Peterson moved that the title to SB 61 be amended as follows:

     On page 1, line 1 of the House State Affairs Committee engrossed bill, delete everything after " Act to " and insert "revise certain school district reserve fund restrictions related to the calculation of state aid to education.".

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     Rep. Bill Peterson moved that the House do now recess until 2:30 p.m., which motion prevailed and at 9:49 a.m., the House recessed.

RECESS


     The House reconvened at 2:30 p.m., the Speaker presiding.


      There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS


March 7, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1025, 1072, 1146, and 1187, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 8, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1128, 1153, 1170, 1172, 1196, 1214, 1224, 1234, and 1247, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 177 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,
Cooper Garnos                                Patricia de Hueck
House Committee Chair                        Senate Committee Chair

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 220 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments and do not appoint a new committee.

Respectfully submitted,                         Respectfully submitted,
Christopher W. Madsen                        Ed Olson
House Committee Chair                        Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 177 and 220.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 61 and that no committee be appointed.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1147 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1147.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1147.

     And the roll being called:

     Yeas 57, Nays 13, Excused 0, Absent 0

     Yeas:
Adelstein; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Glenski; Hackl; Hargens; Haverly; Hennies; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bartling; Elliott; Engels; Gillespie; Hanson; Heineman; Hundstad; Koistinen; Kroger; McCaulley; Nesselhuf; Olson (Mel); Sigdestad

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Garnos moved that the report of the Conference Committee on SB 177 as found on page 812 of the House Journal be adopted.

     The question being on Rep. Garnos's motion that the report of the Conference Committee on SB 177 be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     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.

     Rep. Madsen moved that the report of the Conference Committee on SB 220 as found on page 813 of the House Journal be adopted.

     The question being on Rep. Madsen's motion that the report of the Conference Committee on SB 220 be adopted.

     And the roll being called:

     Yeas 65, Nays 5, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Engels; Nesselhuf; Peterson (Bill); 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.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1104, 1191, 1211, 1282, and 1284 and finds the same correctly enrolled.

Also MR. SPEAKER:

     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 HB 1189 and 1209, 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 8:23 a.m., March 8, 2003.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1069, 1110, 1163, and 1232 were delivered to his Excellency, the Governor, for his approval at 8:23 a.m., March 8, 2003.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1104: FOR AN ACT ENTITLED, An Act to  impose an excise tax on the gross receipts of personal communications system, wireless, and cellular telecommunications companies.

     HB 1191: FOR AN ACT ENTITLED, An Act to  provide for the distribution of certain money appropriated as state aid to general education.

     HB 1211: FOR AN ACT ENTITLED, An Act to  allow the housing of prisoners from other jurisdictions on Indian reservations under certain circumstances.

     HB 1282: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the official records and the notification requirements relating to a pardon.

     HB 1284: FOR AN ACT ENTITLED, An Act to  reduce prejudgment and postjudgment interest rates in inverse condemnation actions and to declare an emergency.

     SB 35: FOR AN ACT ENTITLED, An Act to  exempt certain gross receipts from sales and use taxes.

     SB 63: FOR AN ACT ENTITLED, An Act to  repeal the sales tax exemption for certain interstate telecommunication services and to declare an emergency.

     SB 133: FOR AN ACT ENTITLED, An Act to  permit the county levy and rural fire protection district levy to be increased for fire fighting purposes.

     SB 144: FOR AN ACT ENTITLED, An Act to  revise the rules promulgation process.

     SB 170: FOR AN ACT ENTITLED, An Act to  increase the per student allocation in the state aid to education formula.

     SB 188: FOR AN ACT ENTITLED, An Act to  provide a credit against certain taxes paid by railroads for the replacement and repair of rail lines and to revise certain provisions regarding the distribution of the assessed value of a railroad.

     SB 213: FOR AN ACT ENTITLED, An Act to  prohibit hunting on certain school and public lands containing unharvested crops.

     And signed the same in the presence of the House.

     Rep. Bill Peterson moved that the House do now recess until 5:00 p.m., which motion prevailed and at 3:05 p.m., the House recessed.

RECESS


     The House reconvened at 5:00 p.m., the Speaker presiding.

     Rep. Bill Peterson moved that the House do now recess until 8:00 p.m., which motion prevailed and at 5:06 p.m., the House recessed.

RECESS


     The House reconvened at 8:00 p.m., the Speaker Pro tempore presiding.

     Rep. Rhoden moved that the House do now recess until 9:00 p.m., which motion prevailed and at 8:02 p.m., the House recessed.

RECESS


     The House reconvened at 9:00 p.m., the Speaker Pro tempore presiding.

     Rep. Rhoden moved that the House do now recess until 10:00 p.m., which motion prevailed and at 9:05 p.m., the House recessed.

RECESS


     The House reconvened at 10:00 p.m., the Speaker Pro tempore presiding.

     Rep. Rhoden moved that the House do now recess until 11:15 p.m., which motion prevailed and at 10:30 p.m., the House recessed.

RECESS


     The House reconvened at 11:15 p.m., the Speaker presiding.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1283 and returns the same with the recommendation that said bill be amended as follows:

1283ha

     On page 14, line 25 of the printed bill, decrease operating expenses GENERAL FUNDS $579,645.

     On page 14, line 25, decrease operating expenses FEDERAL FUNDS $1,160,010.

     On page 14, line 39, decrease operating expenses GENERAL FUNDS $1,862,541.

     On page 14, line 39, decrease operating expenses FEDERAL FUNDS $3,629,057.

     On page 15, line 4, decrease operating expenses GENERAL FUNDS $377,521.

     On page 15, line 4, decrease operating expenses FEDERAL FUNDS $757,012.

     On page 15 , after line 15, insert:
  GENERAL   FEDERAL   OTHER   TOTAL  
  FUNDS   FUNDS   FUNDS   FUNDS  
"Department of Social Services, Inflation          
    Personal Services           $0   $0   $0   $0  
    Operating Expenses   $2,819,707   $5,546,079   $0   $8,365,786  
         
    Total   $2,819,707   $5,546,079   $0   $8,365,786  
    F.T.E.         0.0".  

     On page 21, line 26, decrease operating expenses GENERAL FUNDS $2,611,903.

     On page 22 , after line 15, insert:
  GENERAL   FEDERAL   OTHER   TOTAL  
  FUNDS   FUNDS   FUNDS   FUNDS  
"State Aid to General Education, Declining Enrollment        
    Personal Services           $0   $0   $0   $0  
    Operating Expenses   $2,611,903   $0   $0   $2,611,903  
         
    Total   $2,611,903   $0   $0   $2,611,903  
    F.T.E.         0.0".  

     On page 28, line 39, decrease operating expenses GENERAL FUNDS $133,802.

     On page 28, line 39, decrease operating expenses FEDERAL FUNDS $121,022.

     On page 29 , after line 36, insert:
  GENERAL   FEDERAL   OTHER   TOTAL  
  FUNDS   FUNDS   FUNDS   FUNDS  
"Department of Corrections, Inflation        
    Personal Services           $0   $0   $0   $0  
    Operating Expenses   $133,802   $121,022   $0   $254,824  
         
    Total   $133,802   $121,022   $0   $254,824  
    F.T.E.         0.0".  

     On page 30, line 12, decrease operating expenses GENERAL FUNDS $507,341.

     On page 30, line 12, decrease operating expenses FEDERAL FUNDS $927,196.

     On page 30, line 26, decrease operating expenses GENERAL FUNDS $93,311.

     On page 30, line 26, decrease operating expenses FEDERAL FUNDS $68,029.

     On page 30, line 33, decrease operating expenses GENERAL FUNDS $26,288.

     On page 30, line 33, decrease operating expenses FEDERAL FUNDS $16,807.

     On page 30, line 33, decrease operating expenses OTHER FUNDS $7,565.

     On page 31, line 39, decrease operating expenses GENERAL FUNDS $208,701.

     On page 31, line 39, decrease operating expenses FEDERAL FUNDS $145,387.

     On page 31 , after line 42, insert:
  GENERAL   FEDERAL   OTHER   TOTAL  
  FUNDS   FUNDS   FUNDS   FUNDS  
"Department of Human Services, Inflation        
    Personal Services           $0   $0   $0   $0  
    Operating Expenses   $835,641   $1,157,419   $7,565   $2,000,625  
         
    Total   $835,641   $1,157,419   $7,565   $2,000,625  
    F.T.E.         0.0".  

    Adjust all totals accordingly.

1283zr
     On page 15, line 40 of the printed bill, INCREASE operating expenses GENERAL FUNDS $100,000".

     On page 23 , line 40, DECREASE operating expenses GENERAL FUNDS $100,000.

     Adjust all totals accordingly.

Description: Moves $100,000 of general funds back to the Department of Health. These funds were incorrectly moved to Public Safety in the re-organization.


1283zq
     On page 20, line 25 of the printed bill, INCREASE operating expenses OTHER FUNDS $200,000.

    Adjust all totals accordingly.

Description: Increases Other Fund authority by $200,000 in the Public Utilities Commission to implement the No Call List established with the passing of SB 41.


1283ab
     On page 3, line 25 of the printed bill, DECREASE operating expenses GENERAL FUNDS $1,000,000.

     Adjust all totals accordingly.

Description: Decrease Statewide Maintenance & Repair budget.


1283ad
     On page 35, line 12 of the printed bill, DECREASE operating expenses GENERAL FUNDS $2,000.
     Adjust all totals accordingly.

Description: Decrease School & Public Lands' capital outlay budget.


1283af
     On page 14, line 25 of the printed bill, DECREASE operating expenses GENERAL FUNDS $44,851.

    Adjust all totals accordingly.

Description: Reduction of operating expenditures.


1283ai
     On page 3, line 11 of the printed bill, DECREASE operating expenses GENERAL FUNDS $50,000.

     Adjust all totals accordingly.

Description: Decrease Bureau of Administration's capital outlay budget.


1283hb
     On page 14, line 25 of the printed bill, INCREASE operating expenses GENERAL FUNDS "$103,290".

     On page 14, line 25, INCREASE operating expenses FEDERAL FUNDS "$196,710".

    Adjust all totals accordingly.

Description: Allow children leaving foster care, ages 18-21, to continue their participation in the medicaid program.


1283hc
     On page 13, line 40 of the printed bill, DECREASE operating expenses GENERAL FUNDS $30,000.

     Adjust all totals accordingly.

Description: Reduced furniture replacement in the Department of Social Services.


1283hh
     On page 5, line 17 of the printed bill,
DECREASE personal services GENERAL FUNDS $982,530
DECREASE personal services FEDERAL FUNDS $850,303
DECREASE personal services OTHER FUNDS $1,277,972.

     On page 24 , line 25,
DECREASE personal services GENERAL FUNDS $1,179,588
DECREASE personal services FEDERAL FUNDS $239,224
DECREASE personal services OTHER FUNDS $838,321.

     On page 33 , line 18,
DECREASE personal services GENERAL FUNDS $203,993
DECREASE personal services FEDERAL FUNDS $598
DECREASE personal services OTHER FUNDS $5,683.

     On page 33 , line 41, DECREASE personal services GENERAL FUNDS $37,319.

    Adjust all totals accordingly.

Description: Appropriates funds for a 2% pay increase.


1283hj
     On page 16, line 17 of the printed bill, DECREASE personal expenses OTHER FUNDS $221,810.

     On page 16 , line 21, INCREASE FTEs 10.0.

     On page 27 , line 33, DECREASE operating expenses GENERAL FUNDS $221,810.

    Adjust all totals accordingly.

Description: Terminate temporary contract labor in the Correctional Health Program.


1283hl
     On page 34, line 3 of the printed bill, DECREASE personal services GENERAL FUNDS $12,742.

    Adjust all totals accordingly.

Description: Reduce personal services for Legislative Audit.


1283mb
     On page 34, line 26 of the printed bill, INCREASE personal services FEDERAL FUNDS $62,000.

INCREASE personal services OTHER FUNDS $122,372.

     On page 34 , line 27, DECREASE operating expenses FEDERAL FUNDS $62,000.

     On page 34 , line 30, INCREASE FTEs 5.0.

    Adjust all totals accordingly.

Description: This amendment was discussed in the AG's budget hearing.
            2.0 FTEs and funding for the Internet Crimes Against Children.
            2.0 FTEs and other funding for the Northern Plains Task Force and the Terrorism Task Force.
            1.0 FTE and other funding for a Lab Criminalist.


1283mf
     On page 20, line 10 of the printed bill, DECREASE personal services OTHER FUNDS $119,067.

     On page 20 , line 11, DECREASE operating expenses OTHER FUNDS $6,000.

     On page 20 , line 14, DECREASE FTEs 2.8.

    Adjust all totals accordingly.

Description: Eliminate recommended new positions in the South Dakota Retirement System and associated personal services and operating expenses.


1283mh
     On page 11, line 4 of the printed bill, DECREASE personal services GENERAL FUNDS $37,310.

    On page 11, line 8, DECREASE FTEs 1.0.

     Adjust all totals accordingly.

Description: Vacant FTE in Governor's Office of Economic Development.


1283mi
     On page 4, line 17 of the printed bill, DECREASE personal services OTHER FUNDS $66,332.

    Adjust all totals accordingly.

Description: Bureau of Information and Technology no longer uses the student coop program.


1283mo
     On page 20, line 24 of the printed bill,
DECREASE personal services GENERAL FUNDS $281,712.
INCREASE personal services OTHER FUNDS $281,712.

     Adjust all totals accordingly.

Description: Fund Public Utilities Commissioners' salaries from the gross tax receipts fund instead of the general fund.


1283mp
     On page 37, after line 24 of the printed bill, insert:

"      Section 31. That § 49-1A-7 be amended to read as follows:

     49-1A-7.   All amounts deposited in the South Dakota Public Utilities Commission gross receipts tax fund are appropriated to the use of the Public Utilities Commission for its expenses in regulating public utilities as defined in chapter 49-34A and telecommunications companies as defined in subdivision 49-31-1(26) and for commissioners' compensation and benefits . Such expenses may be paid out of the fund on warrants drawn by the state auditor upon duly itemized vouchers. The funds necessary for such expenses are hereby authorized to be expended. ".


1283zb
     On page 22 , after line 22 of the printed bill, insert:
  GENERAL   FEDERAL   OTHER   TOTAL  
  FUNDS   FUNDS   FUNDS   FUNDS  
"Secondary Career and Technical Education    
  		     
    Personal Services           $0   $0   $0   $0  
    Operating Expenses   $0   $0   $800,000   $800,000  
         
    Total   $0   $0   $800,000   $800,000  
    F.T.E.         0.0".  

     On page 37 , line 23, delete " and " and insert ",".

     On page 37 , line 24, after " education " insert ", and secondary career and technical education".

    Adjust all totals accordingly.


1283zv
     In the previously adopted amendment (1283zj) after "$50,000" insert "and increase OPERATING EXPENSES OTHER FUNDS".

    Adjust all totals accordingly.


1283zj
     On page 26, line 11 of the printed bill, DECREASE operating expenses GENERAL FUNDS $50,000.

    Adjust all totals accordingly.

Description: SDSD After school funding flip.


1283zn
     On page 33, line 33 of the printed bill, DECREASE GENERAL FUNDS $90,000.

     On page 33 , delete lines 36 to 38 , inclusive.

    Adjust all totals accordingly.

Description: Legislative Operations Reduction and Contingency Fund.


1283zo
     On page 21, between lines 30 and 31 of the printed bill, insert:

"

     All unexpended funds appropriated for the program State Aid to General Education, and not distributed through the formula established in §  13-13-73, shall revert to the property tax reduction fund.".

1283tb
     On page 14, line 18 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $181,000.

     Adjust all totals accordingly.

Description: Add $181,000 from the TANF federal fund for a cost of living adjustment of 1.5 % for TANF recipients.


1283ac
     On page 5, line 11 of the printed bill, DECREASE operating expenses GENERAL FUNDS $20,000.

     Adjust all totals accordingly.

Description: Decrease Bureau of Personnel's capital outlay budget.


1283zt
     On the previously adopted amendment (1283zh), delete

     "Operating Expenses     $0             $0        $800,000        $800,000"

and insert:

    "Operating Expenses    $800,000    $0        $0                $800,000"

Adjust all totals accordingly.


1283zu
     Delete the previously adopted amendments (1283zb) and (1283zt).

    Adjust all totals accordingly.


     And that as so amended said bill do pass.

Respectfully submitted,
J.E. "Jim" Putnam, Chair

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 24th, the 40th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Rhoden moved that the report of the Standing Committee on

     Appropriations on HB 1283 as found on page 818 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1147 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1104, 1191, 1211, 1282, and 1284 were delivered to his Excellency, the Governor, for his approval at 5:44 p.m., March 8, 2003.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1147: FOR AN ACT ENTITLED, An Act to  increase the tax on cigarettes and to declare an emergency.

     SB 177: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to contested cases under the Administrative Procedures Act and the Office of Hearing Examiners.

     And signed the same in the presence of the House.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1283:   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 1283 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Pederson (Gordon)

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

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 174 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments and do not appoint a new committee.

Respectfully submitted,                         Respectfully submitted,
Kent Juhnke                                    Dan Sutton
House Committee Chair                        Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1099 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.
Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 174 and that no new committee be appointed.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1099.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1099.

     And the roll being called:

     Yeas 57, Nays 12, Excused 1, Absent 0

     Yeas:
Adelstein; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Glenski; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; O'Brien; Olson (Ryan); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bartling; Cutler; Elliott; Engels; Gillespie; Hackl; Hargens; Konold; Kroger; Novstrup; Olson (Mel); Solum

     Excused:
Pederson (Gordon)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Juhnke moved that the report of the Conference Committee on SB 174 as found on page 828 of the House Journal be adopted.

     The question being on Rep. Juhnke's motion that the report of the Conference Committee on SB 174 be adopted.

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Glenski; Hackl; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Gillespie; Hanson; Kroger; Nesselhuf; Peterson (Jim)

     Excused:
Pederson (Gordon)

     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.

     There being no objection, the House reverted to Order of Business No. 7.

MESESAGES

MR. SPEAKER:

    I have the honor to return herewith HB 1283 which has passed the Senate without change.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1099 and 1283 and finds the same correctly enrolled.


 Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1099, 1147, and 1283 were delivered to his Excellency, the Governor, for his approval at 12:23 a.m., March 9, 2003.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1099: FOR AN ACT ENTITLED, An Act to  revise the time and process by which investment income is transferred to the general fund.

     HB 1283: 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 House.

     Rep. Rounds moved that the House do now adjourn, which motion prevailed and at 12:26 a.m., March 8, 2003, the House adjourned.

Karen Gerdes, Chief Clerk