JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 22, 2001

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Chris Chase.

     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 thirtieth 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,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Thomas Hennies moved that the report of the Conference Committee on HB 1110 as found on page 638 of the House Journal be adopted.

     The question being on Rep. Thomas Hennies' motion that the report of the Conference Committee on HB 1110 be adopted.

     And the roll being called:

     Yeas 68, Nays 1, Excused 0, Absent 1

     Yeas:
Abdallah; 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; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Napoli

     Absent:
Adelstein

     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 Appropriations respectfully reports that it has had under consideration SB 19, 20, 66, and 224 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Mitch Richter, Chair

 Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 210 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 190 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 214 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Richard "Dick" E. Brown, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 172 which was deferred to the 41st Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 77, 81, 106, 143, 169, and 217 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 87 and returns the same with the recommendation that said bill be amended as follows:

87jc
     On page 1, line 3 of the Senate engrossed bill, after " devices " insert "on an outpatient basis".

     On page 1 , line 5, delete " insureds " and insert "primary insured".

     On page 1 , line 7, after " format " insert "and elements of information".

     On page 1 , line 8, after " format " insert "and elements of information".

     On page 1 , line 10, after " NCPDP. " insert "A health benefit plan is not required to issue a pharmacy identification card separate from another identification card issued to an insured under the health benefit plan if the identification card contains the elements of information required by the Division of Insurance.".

     On page 1 , line 14, after " Insurance. " insert "However, the health benefit plan is not required to issue a new card or technology more often than once each calendar year.".

     On page 2 , line 19, delete " and " .

     On page 2 , line 20, after " indemnity " insert ";

             (11)    Long-term care; and

             (12)    Medicare supplement".

     On page 3 , line 2, after " format " insert "and elements of information".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 107 and returns the same with the recommendation that said bill be amended as follows:

107ra
    
     On page 4, line 11 of the printed bill, overstrike " or " .

     On page 4 , line 13, after " 4-6A " insert " ;

             (16)    An assignment of a claim or right to receive compensation for injuries or sickness as described in 26 U.S.C. §  104(a)(1) or (2), as amended to January 1, 2001; or

             (17)    An assignment of a claim or right to receive benefits under a special needs trust as described in 42 U.S.C. §  1396p(d)(4), as amended to January 1, 2001 ".
     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 248 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 160 and returns the same with the recommendation that said bill be amended as follows:

160cd

     On page 1, line 6 of the Senate Education Committee engrossed bill, delete " , Indian tribe, or state " and insert "or governmental entity".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 14 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 153 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1072 and 1297 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1004, 1035, 1040, 1042, 1123, 1158, 1169, 1185, 1196, 1222, and 1266 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1009 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1110.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 6 and 9 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Broderick moved that the House do concur in Senate amendments to HB 1094.

     The question being on Rep. Broderick's motion that the House do concur in Senate amendments to HB 1094.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Adelstein

     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. Kooistra moved that the House do concur in Senate amendments to HB 1276.

     The question being on Rep. Kooistra's motion that the House do concur in Senate amendments to HB 1276.

     And the roll being called:

     Yeas 63, Nays 6, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Burg; Elliott; Hennies (Don); Olson (Mel); Van Norman

     Excused:
Adelstein

     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.

     SCR 2:   A CONCURRENT RESOLUTION,   Urging the federal government to authorize and fund long-term health care on Indian reservations.


     Rep. Nachtigal moved that SCR 2 as found on pages 16 and 17 and amended on pages 159 and 581 of the Senate Journal be concurred in.

     The question being on Rep. Nachtigal's motion that SCR 2 be concurred in as amended.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Adelstein

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

     SCR 7:   A CONCURRENT RESOLUTION,   Supporting the designation of U.S. Highway 81 as the Pan-American Highway.

     Rep. Michels moved that SCR 7 as found on page 280 of the Senate Journal be concurred in.

     The question being on Rep. Michels' motion that SCR 7 be concurred in.

     And the roll being called:

     Yeas 45, Nays 22, Excused 2, Absent 1

     Yeas:
Abdallah; Begalka; Brown (Jarvis); Burg; Clark; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Gerpen; Van Norman; Speaker Eccarius

     Nays:
Bartling; Bradford; Broderick; Brown (Richard); Davis; Derby; Elliott; Gillespie; Glenski; Hargens; Heineman; Hennies (Don); Hundstad; Juhnke; Murschel; Pederson (Gordon); Peterson (Jim); Sebert; Sigdestad; Valandra; Van Etten; Wick

     Excused:
Adelstein; Kloucek

     Absent:
Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 7 was concurred in.

     Yesterday, Rep. Mel Olson announced his intention to reconsider the vote by which SB 30 was passed.

     No member moved to reconsider the vote by which SB 30 was passed.

     SCR 6:   A CONCURRENT RESOLUTION,   Recognizing the South Dakota Corps of Rediscovery as the official planning group for South Dakota's commemoration of the Lewis and Clark Bicentennial.

     Was read the first time and the Speaker waived the committee referral.

     SCR 9:   A CONCURRENT RESOLUTION,   Expressing support for the electoral college.

     Was read the first time and the Speaker waived the committee referral.

     Rep. Smidt moved that SB 14 be referred from the Committee on Education to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the report of the Standing Committee on

     State Affairs on SB 25 as found on pages 616 and 617 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

     Rep. Michels moved that SB 48 be placed on today's calendar.

     The question being on Rep. Michels' motion that SB 48 be placed on today's calendar.

     And the roll being called:

     Yeas 37, Nays 33, Excused 0, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Broderick; Brown (Richard); Burg; Davis; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Klaudt; Kloucek; Lange; Madsen; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Sigdestad; Teupel; Valandra; Van Gerpen; Van Norman

     Nays:
Adelstein; Begalka; Brown (Jarvis); Clark; Derby; Duenwald; Duniphan; Fryslie; Hansen (Tom); Heineman; Hennies (Don); Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lintz; McCaulley; McCoy; Napoli; Pederson (Gordon); Peterson (Bill); Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Wick; Speaker Eccarius

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 48 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 39:   FOR AN ACT ENTITLED, An Act to   establish standards for disability income insurance.

     Was read the second time.

     The question being "Shall SB 39 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Bartling; Davis; Hennies (Don)

     Excused:
Fryslie

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 245:   FOR AN ACT ENTITLED, An Act to   create a health care access and preservation trust fund and to provide that earnings from the fund be used for certain health care purposes.

     Was read the second time.

     Rep. Heineman moved that SB 245 be deferred to Monday, February 26th, the 34th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 26:   FOR AN ACT ENTITLED, An Act to   eliminate the South Dakota Farm Loan Mediation Board and transfer program authority to the secretary of agriculture, to provide civil liability immunity for certain agricultural finance counselors, and to authorize the department to contract with businesses for mediation services.

     Was read the second time.

     The question being "Shall SB 26 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Teupel

     Excused:
Fryslie

     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.

     Speaker Pro tempore Michels now presiding.

     SB 98:   FOR AN ACT ENTITLED, An Act to   establish certain penalties for failure to control weeds and pests.

     Was read the second time.

     The question being "Shall SB 98 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 18, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jensen; Juhnke; Kloucek; Lange; Lintz; Madsen; McCaulley; Michels; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pummel; Rhoden; Richter; Sigdestad; Slaughter; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Brown (Richard); Clark; Frost; Garnos; Heineman; Holbeck; Jaspers; Klaudt; Koistinen; Konold; Kooistra; McCoy; Monroe; Murschel; Napoli; Pitts; Sebert; Sutton (Duane)

     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.

     SB 175:   FOR AN ACT ENTITLED, An Act to   exempt from sales and use tax certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity.

     Was read the second time.

     Rep. Richter requested a fiscal note on SB 175.

     Which request was supported.

     SB 209:   FOR AN ACT ENTITLED, An Act to   permit certain businesses to remit sales and use tax after the machinery is under production.

     Was read the second time.

     Rep. Richard Brown moved that SB 209 be placed to follow SB 48 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 82:   FOR AN ACT ENTITLED, An Act to   permit local government officials and employees to use credit cards and to permit the state and its political subdivisions to accept credit and debit card payments.

     Was read the second time.

     The question being "Shall SB 82 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Richter

     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.

     Speaker Eccarius now presiding.

     SB 202:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding visitation rights for grandparents.

     Was read the second time.

     The question being "Shall SB 202 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 0, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Koistinen

     Absent:
Nachtigal

     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.

     SB 228:   FOR AN ACT ENTITLED, An Act to   provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

     Was read the second time.

     Rep. Gillespie moved that SB 228 be deferred to Friday, February 23rd, the 32nd legislative day.


     Which motion prevailed and the bill was so deferred.

     SB 48:   FOR AN ACT ENTITLED, An Act to   revise the eligibility requirements under which certain members of the South Dakota Retirement System can retire without a reduction in benefits.

     Was read the second time.

     Rep. Bill Peterson moved that SB 48 be deferred to Friday, February 23rd, the 32nd legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 209:   FOR AN ACT ENTITLED, An Act to   permit certain businesses to remit sales and use tax after the machinery is under production.

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

209ta

     Rep. Derby moved that SB 209 be amended as follows:

     On page 2, line 15 of the House Taxation Committee engrossed bill, after " transmission, " insert "digital television broadcast,".

     On page 2 , line 20, after " transmission, " insert "digital television broadcast,".

     On page 2 , line 23, after " transmission, " insert "digital television broadcast,".

     Which motion prevailed and SB 209 was so amended.

     The question being "Shall SB 209 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1004, 1035, 1040, 1042, 1123, 1158, 1169, 1185, 1196, 1200, 1216, 1222, and 1266 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1004: FOR AN ACT ENTITLED, An Act to  require notice to schools if a student commits certain crimes.

     HB 1035: FOR AN ACT ENTITLED, An Act to  change the filing requirements for annual and quarterly statements of the financial condition of foreign and alien insurers.

     HB 1040: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the applicability of managed care statutes and managed care mediation requirements and to permit certain impartial mediation provisions.

     HB 1042: FOR AN ACT ENTITLED, An Act to  revise small employer health plan requirements by clarifying the definition of a small employer, exceptions to issuing a policy, rating provisions and minimum participation requirements, and by deleting obsolete references relating to basic and standard plans.

     HB 1123: FOR AN ACT ENTITLED, An Act to  repeal the requirement that school districts consist of adjoining territory.

     HB 1158: FOR AN ACT ENTITLED, An Act to  reallocate a certain portion of state aid to education.

     HB 1169: FOR AN ACT ENTITLED, An Act to  establish a civil remedy for the destruction of certain field crop products, animals, and organisms.

     HB 1185: FOR AN ACT ENTITLED, An Act to  provide certain protections for structured settlements.

     HB 1196: FOR AN ACT ENTITLED, An Act to  authorize the funding of textbooks through the school capital outlay fund.

     HB 1200: FOR AN ACT ENTITLED, An Act to  require certain format standards for real estate documents filed at the register of deeds.

     HB 1216: FOR AN ACT ENTITLED, An Act to  revise the procedure for filing for a property tax credit for renewable resource energy systems.

     HB 1222: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding telephone and telegraph corporations.

     HB 1266: FOR AN ACT ENTITLED, An Act to  allow a day started late due to inclement weather to constitute a full school day.

     SB 9: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to landowner liability for injuries sustained on flooded land.

     SB 40: FOR AN ACT ENTITLED, An Act to  exempt from registration certain Canadian broker-dealers and the securities offered by them.

     SB 42: FOR AN ACT ENTITLED, An Act to  provide for the increase of certain fees for the cosmetology commission.

     SB 43: FOR AN ACT ENTITLED, An Act to  establish within the State Board of Chiropractic Examiners a disciplinary committee and an ethics committee and to authorize a fee for peer review.

     SB 46: FOR AN ACT ENTITLED, An Act to  authorize the department to issue direct payment permits in certain instances.

     SB 55: FOR AN ACT ENTITLED, An Act to  change the name of Union County State Park.

     SB 62: FOR AN ACT ENTITLED, An Act to  repeal certain penalties against persons teaching in nonpublic schools.


     SB 63: FOR AN ACT ENTITLED, An Act to  revise the definition of illegal substances for purposes of revoking or refusing to issue a certificate to a teacher or administrator.

     SB 124: FOR AN ACT ENTITLED, An Act to  allow for the deposit of certain funds and for the repayment of certain contracts relating to energy savings.

     SB 135: FOR AN ACT ENTITLED, An Act to  revise the grounds for the refusal, suspension, or revocation of certain veterinary medicine licenses and certificates.

     SB 139: FOR AN ACT ENTITLED, An Act to  clarify provisions relating to the eligibility of certain cooperative members to qualify as a director.

     SB 140: FOR AN ACT ENTITLED, An Act to  clarify certain provisions relating to the payment of taxes to municipalities from the revenues of electric cooperatives providing service within a municipality.

     SB 145: FOR AN ACT ENTITLED, An Act to  revise residency for the purposes of special education and to revise the distribution of state aid to special education.

     SB 152: FOR AN ACT ENTITLED, An Act to  revise certain vaccination and brucellosis testing provisions related to the importation of livestock.

     SB 161: FOR AN ACT ENTITLED, An Act to  regulate petroleum products containing methyl tertiary butyl ether.

     SB 162: FOR AN ACT ENTITLED, An Act to  permit farm wineries to hold an off-sale package wine license.

     SB 168: FOR AN ACT ENTITLED, An Act to  revise the provisions for issuing on-sale liquor licenses to resort facilities.

     SB 201: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the exemption of charitable gift annuities from insurance regulation.

     SB 219: FOR AN ACT ENTITLED, An Act to  permit municipalities to issue a temporary on-sale license during certain large events.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1013   Introduced by:  Representatives Kloucek, Bartling, Begalka, Clark, Hunhoff, Kooistra, Lange, Michels, Nachtigal, Sebert, and Van Gerpen and Senators Putnam, de Hueck, Hutmacher, Koetzle, Olson (Ed), and Sutton (Dan)

         A LEGISLATIVE COMMEMORATION,  Recognizing and commending the South Dakota Highland Festival in Scotland, South Dakota.

     WHEREAS,  the Highland Festival celebrates the abundance of cultural heritage and pride of the Scottish people of Scotland, South Dakota; and

     WHEREAS,  the Highland Festival will be held on September 15, 2001, beginning at 9:00 a.m. and will feature a variety of activities including pipes and drums, highland cattle displays, border collie sheep herding, Scottish-American food, a 5k run/walk, a college rugby match, and Heavy Highland Athletic competitions; and

     WHEREAS,  the Heavy Highland Athletic competitions will feature such feats of strength as the sheaf toss, caber toss, weight for distance, weight for height, Braemar stone toss, and the farming walk; and

     WHEREAS,  this event will offer for everyone young and old alike a great day with good food, good fun, and good friends:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that the Legislature commends the people of Scotland, South Dakota, for their outstanding heritage and ethnic pride and invites all South Dakotans to participate in the Highland Festival on September 15, 2001.

     HC 1014   Introduced by:  Representatives Kloucek, Bartling, Begalka, Clark, Hunhoff, Kooistra, Lange, Michels, Nachtigal, Sebert, and Van Gerpen and Senators Putnam, Hutmacher, Koetzle, and Sutton (Dan)

         A LEGISLATIVE COMMEMORATION,  Recognizing the Menno Pioneer Power Show.

     WHEREAS,  the Menno Pioneer Power Show to be held September 21 and 22, 2001, one- quarter mile north of Menno, South Dakota, features an Avery wooden steam thresher, a gas engine-powered wood saw, an eight-bottom antique John Deere plow pulled by a steam engine, a steam driven saw mill, a 47,000 pound Worthington engine and antique tractors and gas engines of all kinds, International Harvester tractors, equipment, and trucks, Walz District country school houses, plus many other historical buildings; and

     WHEREAS,  there is an international toy show with arts and crafts at the Menno Pioneer Acres, a flea market, Legion bingo, kiddie rides, and an antique car, tractor, and truck parade both days; and

     WHEREAS,  there will be live entertainment on Saturday and the Tyndall Accordian Club on Sunday:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that the Menno Pioneer Power Show Committee, the Menno Community Club, and the entire Menno community be congratulated on a job well done and that they be wished continued success in future power shows.

     HC 1015   Introduced by:  Representatives Jaspers and Richter and Senator Hainje

         A LEGISLATIVE COMMEMORATION,  Honoring Jonathan Thie of Sioux Falls for being named one of South Dakota's top student volunteers.

     WHEREAS,  Jonathan Thie, an esteemed resident of Sioux Falls and a student at O'Gorman Senior High School, has achieved national recognition for exemplary volunteer service by receiving a 2001 Prudential Spirit of Community Award; and

     WHEREAS,  this prestigious award, presented by the Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Mr. Thie earned this award by giving generously of his time and energy to create the "Shoes and Gloves" project to collect, clean, and repair used sporting equipment and then to distribute it to needy youth in Costa Rica, Nicaragua, and the Dominican Republic; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depends, in great measure, upon the dedication of young people like Mr. Thie who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Mr. Jonathan Thie be honored as a recipient of a Prudential Spirit of Community Award and be recognized for his outstanding record of volunteer service, peer leadership, and community spirit.

     Rep. Richter moved that the House do now adjourn, which motion prevailed and at 3:21 p.m. the House adjourned.

Karen Gerdes, Chief Clerk