JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Saturday, February 24, 2001

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Tess Halverson.

     Roll Call: All members present except Rep. Derby who was excused.

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-second 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.

COMMUNICATIONS AND PETITIONS


February 24, 2001

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1083, 1092, 1119, 1127, 1132, 1174, 1188, 1225, 1236, and 1254, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill be amended as follows:

22od

     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 22-22-31 be amended to read as follows:

     22-22-31.   Any person residing in this state who has been convicted whether upon a verdict or plea of guilty or a plea of nolo contendere, or who has received a suspended imposition of sentence which has not been discharged pursuant to §   23A-27-14 prior to July 1, 1995, for commission of a sex crime, as defined in §   22-22-30, or any person who is a juvenile fifteen years of age or older adjudicated of a sex crime, as defined in subdivision 22-22-30(1) or (9), or of felony sexual contact, as defined in §   22-22-7.2, or upon order of the court any juvenile under fifteen years of age adjudicated of a sex crime, as defined in subdivision 22-22-30(1) or (9), shall, within ten days of coming into any county to reside or temporarily domicile for more than thirty days, register with the chief of police of the municipality in which the person resides, or, if no chief of police exists, then with the sheriff of the county in which the person resides. A violation of this section is a Class 1 misdemeanor. However, any subsequent violation is a Class 6 felony. Any person whose sentence is discharged under §   23A-27-14 after July 1, 1995, shall forward a certified copy of such formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the person is then registered under this section. Upon receipt of such notice, the person shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section. "



22ota

     On page 1, line 1 of the Senate engrossed bill, delete everything after " to " and insert "allow for the placement of sex offenders under the age of fifteen on a registry of sex offenders.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 144 and returns the same with the recommendation that said bill be amended as follows:

144ra

     On page 1, after line 10 of the Senate Transportation Committee engrossed bill, insert:

"
     Section 2. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     No person may place or maintain any unauthorized sign, signal, marking, or device within any public right-of-way or attach any unauthorized sign, signal, marking, or device to any existing sign or post in a public right-of-way. An initial violation of this section is a petty offense. Any subsequent violation by the same person under substantially similar circumstances is a Class 2 misdemeanor. In addition to any other penalty provided by law, the court, as a part of the sentence, shall assess the actual costs of removing the unauthorized sign, signal, marking, or device.

     Section 3. That § 31-28-22 be amended to read as follows:

     31-28-22.   Every sign, signal or , marking , or device prohibited by § §   31-28-19 and , 31-28-20 , and section 2 of this Act is hereby declared to be a public nuisance and the Department of Transportation is hereby empowered to or local authorities within their respective jurisdiction may remove the same or cause it to be removed without notice.

     Section 4. The Department of Game, Fish and Parks or its designee may mark or sign a state snowmobile trail within any public right-of-way or public land. The Department of Game, Fish and Parks may place signs within any public right-of-way providing directions to a state owned or managed public use area.

     Section 5. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this chapter may be deemed to limit or encroach upon the practice and activity of a professional licensed pursuant to chapter 36-18A, performing his or her professional duties."
144ta

     On page 1, line 9 of the Senate Transportation Committee engrossed bill, delete " liable for any " and insert " responsible for the cost of repairing or replacing such markers, signs, signals, barriers, or devices. ".

     On page 1 , delete line 10 .

144ota

     On page 1, line 1 of the Senate Transportation Committee engrossed bill, delete everything after " to " and insert "revise certain provisions regarding signs in any public right-of-way.".

     On page 1 , delete line 2.

     And that as so amended said bill do pass.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 176 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 150 and 212 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 State Affairs respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill be amended as follows:

27fa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 1-21-1.1 be amended to read as follows:

     1-21-1.1.   The State Fair Commission shall be administered under the direction and supervision of the secretary of the Department of Agriculture and the secretary thereof , but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative and special

budgetary functions ( as defined in §   1-32-1 ) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture.

     Section 2. That § 1-21-13 be repealed.

     1-21-13.   The State Fair Commission shall account strictly for all money received in conduct of the state fair.

     Section 3. That § 1-21-14 be amended to read as follows:

     1-21-14.   All sums received for admissions, concessions, and privileges, or for any purpose, by such the State Fair Commission, shall be placed in the custody of its secretary-treasurer and made a matter of record by him, and shall be paid out only upon vouchers approved by the commission or, at its discretion, the commission may authorize the secretary-treasurer to pay regular or routine claims. Disbursements of moneys shall be made by check signed by the president or vice-president, or commission member so authorized, and secretary-treasurer. Any surplus over three hundred thousand dollars remaining in the hands of the fair commission, after the payment of all reasonable and necessary claims, shall be deposited with the state treasurer by the State Fair Commission. Any other surplus remaining in the hands of the state fair shall be invested in securities authorized by §   4-5-6, in such bank or banks as may be designated by the State Fair Commission and all interest received on same shall be a part of the receipts of such State Fair Commission state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of agriculture .

     Section 4. That § 1-21-15 be repealed.

     1-21-15.   All funds appropriated by the state for maintenance of the state fair and for buildings and improvements shall be paid out only upon itemized vouchers, duly verified and approved by the State Fair Commission and endorsed by the president of the commission and filed with the state auditor.

     Section 5. That § 1-21-16 be repealed.

     1-21-16.   The State Fair Commission shall prepare an annual financial report for each calendar year and submit a copy to the Legislature. "

27fta

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill be amended as follows:



125jf
     On page 1, line 13 of the Senate engrossed bill, after " death " insert " , ".

     On page 1 , line 13, after " compensation " insert " for volunteer workers other than volunteer firefighters ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 186 and returns the same with the recommendation that said bill be amended as follows:

186ra
     On page 1, line 4 of the printed bill, delete " Any " and insert "If any".

     On page 1 , line 5, after " Broadcasting " insert "are broadcast over the internet, radio, or television, such recordings".

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

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 114 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 Transportation respectfully reports that it has had under consideration SB 253 and returns the same with the recommendation that said bill be amended as follows:

253fa

     On page 1, line 10 of the Senate engrossed bill, after " South Dakota " insert "border".

     And that as so amended said bill do pass.

Respectfully submitted,
B. Michael Broderick, Jr., Chair



MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1014, 1015, 1017, 1195, 1231, and 1291 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1154, 1193, 1199, 1202, and 1280 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 HCR 1008 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 adopted the reports of the Conference Committees on HB 1056 and 1075.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Konold moved that the House do concur in Senate amendments to HB 1043.

     The question being on Rep. Konold's motion that the House do concur in Senate amendments to HB 1043.

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); 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); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Gillespie; Hargens; Peterson (Jim)

     Excused:
Derby; Speaker Eccarius

     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. Pummel moved that the House do concur in Senate amendments to HB 1201.

     The question being on Rep. Pummel's motion that the House do concur in Senate amendments to HB 1201.

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; 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

     Nays:
Elliott

     Excused:
Derby; Speaker Eccarius

     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.



     Yesterday, Rep. Bill Peterson announced his intention to reconsider the vote by which SB 228 was passed.

     Rep. Bill Peterson moved that the House do now reconsider the vote by which SB 228 was passed.

     The question being on Rep. Bill Peterson's motion to reconsider the vote by which SB 228 was passed.

     And the roll being called:

     Yeas 35, Nays 33, Excused 2, Absent 0

     Yeas:
Abdallah; Broderick; Brown (Richard); Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Napoli; Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Wick

     Nays:
Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Burg; Clark; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Klaudt; Kloucek; Kooistra; Lange; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sigdestad; Teupel; Valandra; Van Gerpen; Van Norman

     Excused:
Derby; Speaker Eccarius

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     Yesterday, Rep. Kloucek announced his intention to reconsider the vote by which SB 210 was passed.

     Rep. Kloucek moved that the House do now reconsider the vote by which SB 210 was passed.

     The question being on Rep. Kloucek's motion to reconsider the vote by which SB 210 was passed.

     And the roll being called:

     Yeas 15, Nays 52, Excused 2, Absent 1

     Yeas:
Bartling; Bradford; Burg; Davis; Elliott; Gillespie; Glenski; Hanson (Gary); Hundstad; Kloucek; Lange; Nesselhuf; Sigdestad; Valandra; Van Norman



     Nays:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick

     Excused:
Derby; Speaker Eccarius

     Absent:
Nachtigal

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     HCR 1018   Introduced by:  Representatives Kloucek, Bradford, Burg, Hanson (Gary), Hargens, Lange, Nachtigal, Peterson (Jim), Sigdestad, Valandra, and Van Norman and Senators Duxbury, Hutmacher, and Volesky

         A CONCURRENT RESOLUTION,  Urging certain changes related to the implementation of the federal Livestock Mandatory Price Reporting Act.

     WHEREAS,  the federal Livestock Mandatory Price Reporting Act of 1999 established price reporting requirements for livestock packers and other entities in an effort to promote equity and fair competition in the livestock packing industry; and

     WHEREAS,  the federal Livestock Mandatory Price Reporting Act has the potential to lead to improvements in the openness and fairness of operations in the livestock and packing industries. However, certain practices used in the implementation of the Act must be adjusted in order to ensure proper disclosure of information in accordance with the original intent of the Act; and

     WHEREAS,  the "3/60" price reporting guideline suspends the reporting requirements if there were fewer than three actively participating entities in the market during the reporting period or if any participant controlled more than sixty percent of the market during the reporting period, a practice that in many situations serves to prevent the reporting of information that the framers of the Act likely intended to be subject to the reporting requirements; and

     WHEREAS,  the 3/60 rule was not included in the Mandatory Price Reporting Act nor in proposed regulations, but was incorporated at the request of the Office of Management and Budget without the opportunity for comment or input by producers and the public; and

     WHEREAS,  the problems resulting from the 3/60 rule demonstrate the degree of concentration within the livestock and meat industries; and

     WHEREAS,  although the Mandatory Price Reporting Act and final regulations encourage voluntary reporting by packers that are not required to report under the mandatory guidelines and procedures, there is currently an effort to abandon the voluntary reporting program; and

     WHEREAS,  information that is not required to be reported under the 3/60 rule is currently being reported under the voluntary reporting system, and smaller packers not under the mandatory guidelines are encouraged to report under the voluntary program; and

     WHEREAS,  because the legislative intent of the Mandatory Price Reporting Act was to provide more, not less, information, the repeal of the 3/60 rule and the continuation of the voluntary reporting system are necessary in order to achieve the original purposes of the Act:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the federal Administration and the Congress to ensure proper enforcement of the Livestock Mandatory Price Reporting Act of 1999 by the United States Department of Agriculture, including a continuation of the voluntary reporting program to allow small packers and producers to report their prices and a repeal of the 3/60 mandatory price reporting rule.

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

     HCR 1019   Introduced by:  Representatives Begalka, Abdallah, Elliott, Fryslie, Hansen (Tom), Holbeck, Hundstad, Jensen, Kloucek, Koistinen, McCoy, Peterson (Jim), Rhoden, Sigdestad, Teupel, and Wick and Senators Drake, Dennert, Diedrich (Larry), Duxbury, Kleven, Koskan, and Munson

         A CONCURRENT RESOLUTION,  Requesting the federal government to honor certain state meat inspections in interstate commerce.

     WHEREAS,  South Dakota's state meat inspection program has an excellent safety record indicating that the meat slaughtered and processed in South Dakota under state inspection is wholesome and safe for human consumption; and

     WHEREAS,  state meat inspection programs are flexible and can tailor their activities to provide services to small, local meat processors that cannot be duplicated by the federal inspection program because of its size and complexity and because of the lengthy time period needed for the federal bureaucracy to respond; and

     WHEREAS,  federal law prohibits products that are inspected solely by a state inspection program from entering interstate commerce and being sold across state lines, a situation that inhibits economic development and value-added agricultural activities in this nation's agricultural sector; and

     WHEREAS,  obtaining federal meat inspection can be a costly and time-consuming process for a small-scale, local processor or locker or for a small plant that produces "ethnic meat products" or other specialty products. Under current law, many of these small-scale operations

operate under state inspection and consequently are not allowed to ship their products across state lines; and

     WHEREAS,  the current system results in a number of inconsistencies that are unfair to small-scale processors. For example, imported foreign meats are federally inspected but under oversight that is less stringent than in state inspection programs, while other types of state- inspected specialty meats, such as ostrich, deer, and bison are allowed in interstate commerce even though they are not federally regulated; and

     WHEREAS,  the current meat inspection system is inequitable in many ways for small-scale, local meat processors and could be significantly improved and made more efficient by allowing state-inspected meat products to enter interstate commerce:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the United States Congress and the United States Department of Agriculture to revise federal policy and federal law to authorize state-inspected meat to enter interstate commerce, particularly in situations involving small-scale, local meat processors.

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

     HCR 1020   Introduced by:  Representatives Rhoden, Bartling, Begalka, Bradford, Burg, Duenwald, Elliott, Fryslie, Garnos, Hanson (Gary), Hargens, Hunhoff, Klaudt, Kloucek, Lange, Lintz, Monroe, Nachtigal, Olson (Mel), Peterson (Jim), Pummel, Sigdestad, Slaughter, Valandra, and Van Norman and Senators Bogue, Apa, Diedrich (Larry), Hutmacher, Kleven, Koskan, and Volesky

         A CONCURRENT RESOLUTION,  Urging the Administration and Congress to prohibit packers from feeding and owning livestock.

     WHEREAS,  in 1919 the Federal Trade Commission declared that the Big Five Packers were in the position to monopolize all the nation's food supply; and

     WHEREAS,  in 1920 the Big Five controlled roughly two-thirds of cattle slaughter; and

     WHEREAS,  the Packers and Stockyards Act of 1921 was enacted to strengthen existing antitrust laws and to prevent these or other companies from monopolizing the meat industry again; and

     WHEREAS,  in 1983 the top four slaughterers had approximately thirty-six percent of the market, in 1993 the top four slaughterers controlled approximately seventy percent and are now over eighty percent; and

     WHEREAS,  three major corporations, Con Agra, Excel-Cargil, and IBP, control more than eighty percent of the beef packing industry and together control major shares of the pork and lamb slaughter industries:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the federal Administration and the U.S. Congress are urged to prohibit packers from controlling, feeding, or owning livestock unless the packer is a cooperative in which the producers have sufficient interest in livestock or the livestock are purchased within fourteen days of slaughter. Packers currently feeding livestock should have a reasonable length of time to divest themselves of their livestock feeding enterprises.

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

     HCR 1021   Introduced by:  Representatives Valandra, Hennies (Don), Hundstad, and Nesselhuf and Senators Volesky, Diedtrich (Elmer), Duxbury, Ham, Hutmacher, Moore, Olson (Ed), and Reedy

         A CONCURRENT RESOLUTION,  Recognizing social anxiety disease as a treatable psychiatric disorder which affects many South Dakotans and applauding all psychological and pharmacologic interventions designed to treat social anxiety disease.

     WHEREAS,  social anxiety disorder, also known as social phobia, is a recognized disorder which has been proven to negatively correlate with educational attainment, professional advancement, and wages; and

     WHEREAS,  individuals with social anxiety disorder may experience an excessive and persistent fear of social or performance situations in which they will be scrutinized by others; and

     WHEREAS,  the social anxiety-provoking social situation may cause physical symptoms such as blushing, swearing, trembling, tense muscles, shaky voice, dry mouth, or a pounding of the heart; and

     WHEREAS,  social anxiety disorder is the most common anxiety disorder affecting approximately 7.9 percent of Americans annually with a lifetime prevalence of 13.3 percent, making this psychiatric condition the third most common based upon lifetime prevalence; and

     WHEREAS,  people with social anxiety disorder are at a four-fold increased risk of developing depression, a three-fold increased risk of developing panic, and a two-fold increased risk of developing alcoholism; and

     WHEREAS,  people with social anxiety disorder are twice as likely to attempt suicide than those without this disorder; and

     WHEREAS,  it is believed that social anxiety disorder may be due to an imbalance of a chemical called serotonin that transports signals between nerve cells in the brain; and

     WHEREAS,  social anxiety disorder can be treated:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature of South Dakota does hereby recognize social anxiety disease as a treatable psychiatric disorder which affects many South Dakotans and applauds all psychological and pharmacologic interventions designed to treat social anxiety disease.

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

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Health and Human Services on SB 57 as found on page 664 of the House Journal ; also

     State Affairs on SB 92 as found on pages 665 and 666 of the House Journal ; also

     State Affairs on SB 226 as found on pages 666 and 667 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. McCaulley moved that the report of the Conference Committee on HB 1075 as found on page 676 of the House Journal be adopted.

     The question being on Rep. McCaulley's motion that the report of the Conference Committee on HB 1075 be adopted.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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

     Excused:
Derby; Speaker Eccarius



     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. McCaulley moved that the report of the Conference Committee on HB 1056 as found on page 676 of the House Journal be adopted.

     The question being on Rep. McCaulley's motion that the report of the Conference Committee on HB 1056 be adopted.

     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent 0

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

     Nays:
Bradford; Burg; Elliott; Flowers; Hargens; Hennies (Don); Hundstad; Kloucek; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Valandra; Van Norman

     Excused:
Derby; Speaker Eccarius

     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.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 107:   FOR AN ACT ENTITLED, An Act to   revise and update certain provisions of the Uniform Commercial Code.

     Was read the second time.

     The question being "Shall SB 107 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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

     Nays:
Napoli

     Excused:
Derby; 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.

     Rep. Koistinen requested that SB 160 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Bradford requested that SB 218 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Van Norman requested that SB 53 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 128:   FOR AN ACT ENTITLED, An Act to   require an agency to serve minutes of the rules hearing before the agency appears before the Interim Rules Committee.

     Was read the second time.

     The question being "Shall SB 128 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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

     Excused:
Derby; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     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.

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

     Rep. Duniphan moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 175 pass as amended?"

     And the roll being called:

     Yeas 37, Nays 29, Excused 2, Absent 2

     Yeas:
Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Burg; Davis; Duenwald; Elliott; Flowers; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; McCoy; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Rhoden; Sigdestad; Teupel; Van Gerpen; Van Norman


     Nays:
Adelstein; Clark; Duniphan; Frost; Fryslie; Heineman; Hennies (Thomas); Holbeck; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Wick; Speaker Eccarius

     Excused:
Broderick; Derby

     Absent:
Abdallah; Valandra

     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.

     Rep. Richter announced his intention to reconsider the vote by which SB 175 was passed.

     SB 169:   FOR AN ACT ENTITLED, An Act to   increase the expenditure limit for certain public improvements requiring competitive bids.

     Was read the second time.

     The question being "Shall SB 169 pass?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); 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:
Fryslie; Klaudt; Lintz; McCaulley; Napoli

     Excused:
Derby; Monroe; Peterson (Bill)

     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 106:   FOR AN ACT ENTITLED, An Act to   restrict the total amount of change orders to existing public construction contracts.

     Was read the second time.

     The question being "Shall SB 106 pass?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; 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

     Nays:
Fryslie; Klaudt; Napoli; Speaker Eccarius

     Excused:
Derby

     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 87:   FOR AN ACT ENTITLED, An Act to   provide for uniform prescription drug information cards.

     Was read the second time.

     Rep. Solum moved that SB 87 be deferred to Monday, February 26th, the 34th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 187:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to comparative negligence.

     Was read the second time.


     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 187 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 48, Excused 1, Absent 0

     Yeas:
Brown (Richard); Burg; Duniphan; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Klaudt; Kloucek; Kooistra; Lange; Madsen; McCaulley; McCoy; Murschel; Nachtigal; Nesselhuf; Valandra; Van Gerpen; Van Norman

     Nays:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Clark; Davis; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Lintz; Michels; Monroe; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

     Excused:
Derby

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 26, 39, and 82.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 98 and has appointed Sens. Hutmacher, Larry Diedrich, and Koskan 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.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 209 and has appointed Sens. Olson, Hainje, 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.

Respectfully,
Patricia Adam, Secretary

    The Speaker appointed Reps. Duenwald, Jaspers, and Nachtigal 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 98.

     The Speaker appointed Reps. Richard Brown, Napoli, and Flowers 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 209.

     Speaker Eccarius now presiding.

REPORTS OF STANDING COMMITTEES



MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014, 1015, 1017, 1195, 1231, and 1291 and finds the same correctly enrolled.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1039, 1103, 1112, 1113, 1148, 1149, 1216, and 1224 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 24, 2001.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1019, 1020, 1070, 1116, 1126, 1134, 1145, 1166, 1177, 1198, 1205, 1223, 1257, 1265, 1274, and 1275 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 24, 2001.



Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1004, 1035, 1040, 1042, 1123, 1158, 1169, 1185, 1196, 1200, 1222, and 1266 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 24, 2001.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1041, 1072, 1094, 1110, 1146, 1173, 1241, 1251, 1276, 1277, and 1297 were delivered to his Excellency, the Governor, for his approval at 2:42 p.m., February 24, 2001.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1014: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a tennis complex at the University of South Dakota.

     HB 1015: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to provide for the renovation of the entrance, parking, and garage facilities located at the South Dakota School for the Deaf in Sioux Falls, Minnehaha County, and to make an appropriation therefor.

     HB 1017: FOR AN ACT ENTITLED, An Act to  make an appropriation to reimburse certain family physicians and certain physician assistants who have complied with the requirements of the South Dakota physician tuition reimbursement program or the South Dakota midlevel tuition reimbursement program.

     HB 1195: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the practice of veterinary medicine.

     HB 1231: FOR AN ACT ENTITLED, An Act to  appropriate funds from the water and environment fund and the environment and natural resources fee fund, to authorize the state cost share for the Lewis and Clark Rural Water System, and to declare an emergency.

     HB 1291: FOR AN ACT ENTITLED, An Act to  provide for additional compensation for teachers providing teaching services using the Digital Dakota Network.

     SB 19: FOR AN ACT ENTITLED, An Act to  authorize the sale of a tract of land in Brookings County, South Dakota, to provide for the disposition and appropriation of the sale

proceeds, to authorize and appropriate other funds to the Board of Regents to purchase property for agricultural experiment station research, and to declare an emergency.

     SB 20: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to dispose of certain structures located at the Agricultural Experiment Station Beef Nutrition and Dairy Units in Brookings County, to construct cattle feed preparation and silage storage facilities at the Beef Nutrition Unit, and to make an appropriation therefor.

     SB 66: FOR AN ACT ENTITLED, An Act to  make an appropriation to reimburse the counties in Districts 28A and 28B associated with a special primary election conducted on September 12, 2000, and to declare an emergency.

     SB 77: FOR AN ACT ENTITLED, An Act to  provide for the issuance of certain temporary veterinary medicine permits.

     SB 81: FOR AN ACT ENTITLED, An Act to  provide for and regulate business trusts.

     SB 143: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the residency of the directors of certain domestic insurers.

     SB 217: FOR AN ACT ENTITLED, An Act to  revise the provisions for residential bid preference.

     SB 224: FOR AN ACT ENTITLED, An Act to  make an appropriation to help fund the memorials for persons awarded the Congressional Medal of Honor and for a fiftieth anniversary ceremony of the Korean War and to declare an emergency.

     SB 248: FOR AN ACT ENTITLED, An Act to  create a higher education savings plan.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1018   Introduced by:  Representatives Juhnke and Jensen and Senator Koskan

         A LEGISLATIVE COMMEMORATION,  Honoring Emily Schirmer of Colome for being named one of South Dakota's top student volunteers.

     WHEREAS,  Emily Schirmer, an esteemed resident of Colome and a student at Colome Junior 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,  Ms. Schirmer earned this award by giving generously of her time and energy to developing a buddy program for elementary school students which connects older students to serve as role models with younger students; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Schirmer 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 Ms. Emily Schirmer be congratulated and honored as a recipient of a Prudential Spirit of Community Award, and be recognized for her outstanding record of volunteer service, peer leadership, and community spirit.

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

Karen Gerdes, Chief Clerk