The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by Senate page Tyler Lohmiller.

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

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-fourth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 114, 150, 212, 218 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1181 which was deferred to the 41^st Legislative Day.

    The Committee on Commerce respectfully reports that it has had under consideration HB  1037 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1247 and returns the same with the recommendation that said bill be amended as follows:

    "Section 2. That § 62-1-1.2 be amended to read as follows:

     62-1-1.2.   For the purposes of this chapter, impairment shall be determined by a medical impairment rating, expressed as a percentage to the affected body part, using the Guides to the Evaluation of Permanent Impairment established by the American Medical Association, fourth fifth edition, June 1993 November 2000 . "

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1008 and HB 1154, 1193, 1199, and 1280.

     Excused:
Hagen

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

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

    "(1)    "Genetic information," information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes;".

    "Section 3. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

    "(3)        Take into consideration an individual's genetic information, whether the genetic information was derived from a genetic test or from another source."

     Which request was supported.

     The question being on Sen. Bogue's motion that HB 1003 be further amended.

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent 0

     Yeas:
Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Drake; Everist; Hainje; Madden; Putnam; Whiting

     Nays:
Albers; Apa; Dennert; Diedrich (Larry); Duxbury; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

     Excused:
Hagen

     So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Ham; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Bogue; de Hueck; Dennert; Hainje; Kleven; Koetzle; Staggers; Vitter

     Excused:
Hagen; Hutmacher

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

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

     Which request was supported.

     The question being on Sen. Apa's motion that HB 1295 be further amended.

     And the roll being called:

     Yeas 14, Nays 19, Excused 2, Absent 0

     Yeas:
Apa; Bogue; Brosz; Daugaard; de Hueck; Dennert; Drake; Everist; Greenfield; Koskan; Madden; Moore; Munson; Putnam

     Excused:
Hagen; Volesky

     So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

     And the roll being called:

     Yeas 12, Nays 19, Excused 4, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Kleven; McCracken; Olson (Ed); Putnam; Staggers; Whiting

     Nays:
Apa; Bogue; Dennert; Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Koetzle; Koskan; Madden; McIntyre; Munson; Reedy; Sutton (Dan); Symens; Vitter

     Excused:
de Hueck; Hagen; Moore; Volesky

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

    "Section 6. There is hereby appropriated to the Board of Regents six hundred fifty-nine thousand two hundred forty dollars, or so much thereof as may be needed, to construct an addition to the Donald E. Young Sports and Fitness Center. The monies appropriated by this Act shall include one hundred fifty thousand dollars from other funds appropriated to Black Hills State University and five hundred nine thousand two hundred forty dollars from monies available to the South Dakota National Guard."

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. There is hereby appropriated from the general fund the sum of one million three hundred fifty-one thousand one hundred twenty dollars ($1,351,120), or so much thereof as may be necessary, to the Board of Regents for the Northern State University Center for Statewide E- Learning.

     Section 2. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2002, shall revert in accordance with §   4-8-21.

     Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1252 and returns the same with the recommendation that said bill be amended as follows:

    "Section 9. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1279 and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. That § 34-46-7 be amended to read as follows:

     34-46-7.   There is hereby created the tobacco prevention and reduction program in the Department of Human Services Health .

     Section 2. That § 34-46-9 be amended to read as follows:

     34-46-9.   The Tobacco Prevention and Reduction Advisory Board, in collaboration with the Department of Human Services, Health shall develop and approve a state-wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under §   34-46-10 may be appropriately evaluated. The board shall be responsible for establishing program priorities, criteria for awarding grants, and assessing overall program performance.

     Section 3. That § 34-46-11 be amended to read as follows:

     34-46-11.   The Tobacco Prevention and Reduction Advisory Board Department of Health shall submit an annual report to the Governor and the Legislature. The annual report shall detail the progress toward meeting program goals and objectives, including reporting on changes in tobacco consumption, tobacco use rates, and attitudes towards tobacco, especially among children and other high risk populations.

     34-46-8.   There is created an eleven member Tobacco Prevention and Reduction Advisory Board. The Governor shall appoint the members to the board. The terms of the initial appointments shall be: four members appointed to a one-year term, four members appointed to a two-year term, and three members appointed to a three-year term. All subsequent appointments shall be for a three-year term. Any member appointed to fill a vacancy other than the natural expiration of a term shall serve for only the unexpired portion of the term. No member of the board may be affiliated with the tobacco industry. The board shall meet at least two times per year. "

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1285, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

    In Section 1, the second sentence, delete "subsidy" and insert "payment".

    "Section 1. The Commission on Gaming shall, on or about December 31, 2001, allocate a total of four hundred fifty thousand dollars or so much thereof as is available, from the special racing revolving fund or the South Dakota-bred racing fund, in amounts determined by the commission, to licensees, licensed by the commission to conduct live horse racing under §  42-7- 68 for the purposes of providing compensation to South Dakota bred horses, and for purses supplements or racing operations for the 2002 live horse racing season, provided, however, that such licensees are conducting a total of not less than fourteen live horse racing days. Provided further that no subsidy provided to such licensee may exceed thirty thousand dollars per day of live horse racing. If either such licensee applies for or receives fewer live horse racing days than such licensee conducted in 2001, such allocations shall be reduced proportionately.

     42-7-71.   One-fourth of all money received by the state treasurer under this chapter from licensees operating horse racing tracks shall be placed in a special revenue fund to be known as the " South Dakota-bred racing fund. " The fund shall be used by the commission to encourage horse racing and the raising and breeding of horses in South Dakota and shall be used for the purpose of providing compensation to South Dakota-bred horses by providing funds to all horsetracks licensed in South Dakota , and for any other purpose provided by the Legislature . However, not more than one-fourth of the moneys deposited in the South Dakota-bred racing fund may be used by the commission to provide purse supplements to horsetracks for horses other than South Dakota-bred horses.

     Section 4. That § 42-7-79.1 be amended to read as follows:

     42-7-79.1.   In addition to the deductions authorized by §   42-7-79, the dog racing licensees shall deduct from the total sum contributed on dog races, except contributions on dog races in the win, place and show pool, an additional three and three-quarters percent on the dollars contributed. The licensee will may retain one-quarter of one percent for capital improvements on all amounts contributed and an additional three and one-half percent shall be retained by the licensee for discretionary use. The special racing revolving fund shall be in the office of the state treasurer to be disbursed by the commission to increase purses or for operations, or upon request, funds may be granted to a political subdivision of the state for unusual or unique law enforcement expenses incidental to having a race track or off-track site in that political subdivision , and for any other purpose provided for by the Legislature . Funds in the South Dakota-bred racing fund and the special racing revolving fund shall be disbursed by the commission on warrants drawn by the state auditor on vouchers approved by the commission and such funds shall be disbursed without authority of appropriation acts. "

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1189 and tabled the same.

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1255 and 1271 which were deferred to the 41^st Legislative Day.

     HB 1154: FOR AN ACT ENTITLED, An Act to  clarify the application of certain driving privilege penalties with regard to juvenile adjudications.

     HB 1163: FOR AN ACT ENTITLED, An Act to  exempt certain membership fees from sales and use tax.

     HB 1193: FOR AN ACT ENTITLED, An Act to  provide procedures for initiating proposals for cooperation or consolidation as authorized by Constitutional Amendment B as agreed to by the voters of South Dakota during the 2000 general election.

     HB 1199: FOR AN ACT ENTITLED, An Act to  adjust the salary schedule for county officials.

     HB 1201: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to trespass by buffalo and to specify the characteristics of legal fences for buffalo.

     HB 1280: FOR AN ACT ENTITLED, An Act to  replace certain geographic names that use offensive names, words, or phrases.

     And signed the same in the presence of the Senate.