JOURNAL OF THE HOUSE

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EIGHTEENTH DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 5, 1998

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

     The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of Allegiance led by House page Jenny Leonard.

     Roll Call: All members present except Reps. Eccarius, Hagg, and Haley who were excused.

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 seventeenth 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,

LARRY GABRIEL, Vice Chair

     Which motion prevailed and the report was adopted.

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     The Speaker   introduced Miss South Dakota USA, Lori O'Brien, Rapid City; Miss Teen South Dakota USA, Summer Simunek, Hot Springs; and Miss South Dakota America, Shantel Swedlund, Arlington.

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1034, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill be amended as follows:

t-1116

     On page 1 , line 6 of the printed bill , delete " firearms " and insert " shotguns " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1217 and returns the same with the recommendation that said bill be amended as follows:

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t-1217

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

"      Section  1.  That § 41-8-39.1 be amended to read as follows:

     41-8-39.1.   Notwithstanding the provisions of §   41-8-39, any person occupying land as an owner or lessee , who represents to the department of game, fish and parks that threatened or actual loss of domestic animals or livestock has occurred, may, after receiving an aerial hunting permit as permitted under PL 92-159, as amended through January 1, 1989, or §   40-36-9, kill or attempt to kill coyotes or foxes from his aircraft, on such occupied land and up to two miles onto the land of his immediate adjoining neighbor if such person has the consent of the occupier of such adjoining land, or as otherwise authorized by a department representative. The person may contract with another party to kill coyotes or foxes from a licensed aircraft as authorized by a department representative on lands so authorized may make application to the Department of Game, Fish and Parks to obtain a permit to kill or attempt to kill coyotes or foxes from an aircraft to protect or aid in the protection of the owner's or lessee's land, livestock, domesticated animals, or crops, water, wildlife, or human life as permitted under PL 92-159, as amended to January 1, 1989, or § 40-36-9. A permit may not be issued for the purpose of sport hunting. The permit authorizes the owner or lessee or a person under contract with the owner or lessee to kill or attempt to kill coyotes or foxes from the aircraft on the occupied land and up to two miles onto the land of the immediate adjoining neighbor if the owner or lessee has first obtained the written consent of the owner or lessee of the adjoining land. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish the criteria and eligibility of the permittee and conditions under which the permit is granted, number and species of animals to be hunted and killed, location where permitted, reports required of the permittee, and other rules to implement the provisions of this section . "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1014 and 1218 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1262 and returns the same with the recommendation that said bill do pass.

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Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1153 and returns the same with the recommendation that said bill be amended as follows:

j-1153

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

"      Section 1. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

     The owner of a vehicle dealership may appoint by trust, will, or any other valid written instrument a successor to the owner's dealership interest upon the owner's death or incapacity. Unless the franchisor has good cause to refuse to honor the succession, the successor may succeed to the ownership of the dealership under the existing franchise if:

             (1)    Within ninety days of the owner's death or incapacity, the successor gives written notice of the successor's intent to succeed to ownership of the dealership; and

             (2)    The successor agrees to be bound by all the terms and conditions of the franchise agreement with the prior owner.

     Upon request, the successor shall promptly provide the franchisor evidence of the successorship appointment, as well as personal and financial information reasonably necessary to determine whether the succession should be honored by the franchisor.

     Section 2. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

     If a franchisor believes that good cause exists to refuse to honor the intended succession under section 1 of this Act, the franchisor shall serve the named successor written notice of refusal to honor the intended succession within sixty days of its receipt of the notice of intended succession, or within sixty days of receiving the information requested pursuant to section 1 of this Act, whichever is later. The notice shall contain specific grounds for the refusal to honor the succession.

     If the notice of refusal to honor the intended succession is not timely served upon the intended successor, the successor may continue the franchise subject only to termination as otherwise permitted in this chapter.

     In determining whether good cause exists for the refusal to honor the intended succession, the franchisor has the burden of proving that the intended successor is not a person of good moral character or does not meet the franchisor's existing and reasonable standards. Good cause for refusal to honor succession does not include the owner's dealership being dualed with another franchisor's line. "

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:

f-1221

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

"      Section 1. The term, qualified education loan insurer, means a domestic stock insurer formed under chapter 58-5 for the principal purposes of transacting surety insurance, in this state only, in the education loan market and principally or beneficially owning or through a wholly-owned subsidiary investing in education loans, including loans originated in accordance with the terms of the Higher Education Act of 1965, as amended.

     Section 2. Any qualified education loan insurer is subject to the provisions of Title 58 except as otherwise specifically provided in this Act. Notwithstanding any other provision of Title 58, a qualified education loan insurer is not subject to the following provisions of Title 58 and any rules promulgated to implement any such provisions:

             (1)    Sections 58-4-48, 58-5-85, and 58-27-63;

             (2)    Subdivision 58-5-7(5) to the extent that this subdivision permits only one class of authorized voting common stock or otherwise restricts the authorization of preferred stock, with or without voting rights;

             (3)    Section 58-5-92 to the extent that this section prohibits agreements with respect to investments permitted under section 4 of this Act; and

             (4)    Chapter 58-5A.

     Section 3. Notwithstanding any other provision of Title 58 and in addition to any investment permitted pursuant to chapter 58-27, a qualified education loan insurer may invest funds in the following, and any such investment made by a qualified education loan insurer is not subject to any aggregate amount limitations or other investment limitations except as specifically provided below:

             (1)    A loan originated under the terms of the Higher Education Act of 1965, as amended;

             (2)    An education loan not originated under the Higher Education Act of 1965, as amended, the principal and interest of which may be insured or uninsured;

             (3)    A direct obligation of the United States of America or an obligation with respect to which the full and timely payment of principal and interest is unconditionally guaranteed by the United States of America;

             (4)    An interest bearing time or demand deposit, certificate of deposit, or a similar banking arrangement with any bank, trust company, national banking association, or other depository institution, provided that, at the time of deposit or purchase, if the

investment is for a period exceeding one year, the depository institution shall have long-term unsecured debt rated by at least one nationally recognized statistical rating organization in a permitted rating category or, if the investment is for a period of less than one year, shall have short-term unsecured debt rated by at least one nationally recognized statistical rating organization in a permitted rating category;

             (5)    An obligation issued or guaranteed as to the principal and interest by any of the following:

             (a)    The Government National Mortgage Association;

             (b)    The Federal National Mortgage Association; or

             (c)    A Federal Farm Credit Bank, a Federal Intermediate Credit Bank, the Export- Import Bank of the United States, a Federal Land Bank, the Student Loan Marketing Association, the Federal Financing Bank, a Federal Home Loan Bank, the Federal Home Loan Mortgage Corporation, the Rural and Community Development Administration, or the Federal Farm Mortgage Acceptance Corporation, provided that any obligation described in this subdivision shall be rated by at least one nationally recognized statistical rating organization in a permitted rating category;

             (6)    A repurchase agreement or reverse repurchase agreement with any bank which is a member of the Federal Deposit Insurance Corporation or with any government bond dealer insured by the Securities Investor Protection Corporation, which agreement with a bank or government bond dealer is secured by any government obligation described in subdivision (3) of this section at a level sufficient to obtain a rating by at least one nationally recognized statistical rating organization in a permitted rating category, or with any broker or dealer the unsecured long-term debt of which is rated by at least one nationally recognized statistical rating organization in a permitted rating category;

             (7)    Any money market fund, including a qualified regulated investment company described in the Internal Revenue Service Notice 87-22, rated by at least one nationally recognized statistical rating organization in a permitted rating category;

             (8)    Any debt instrument, provided that the debt instrument is rated by at least one nationally recognized statistical rating organization in a permitted rating category; and

             (9)    Any investment agreement constituting a general obligation of an entity whose debt, unsecured securities, deposits, or claims paying ability is rated by at least one nationally recognized statistical rating organization in a permitted rating category.

     For the purposes of this section, a permitted rating category is one of the four highest rating categories assigned long-term debt or an equivalent short-term category within either of which there may be subcategories or gradations indicating relative standing.

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     Section 4. In addition to any investment permitted pursuant to section 3 of this Act, a qualified education loan insurer may also invest any amount in common stock, preferred stock, debt obligations, and other securities, including without limitation, membership in a limited liability company, of any subsidiary engaged or organized to engage in any of the following:

             (1)    The principal or beneficial ownership and management of assets authorized as investments for the qualified education loan insurer under section 3 of this Act; or

             (2)    The origination, administration, and servicing of education loans, the provision of services to any school, lender, student, and borrower and otherwise providing services for any educational purposes.

     Section 5. Notwithstanding §  58-4-43 or any other provision of Title 58, a qualified education loan insurer's subsidiary investment permitted under section 4 of this Act shall be counted fully as an admitted asset on the qualified education loan insurer's balance sheet and may not be disregarded as an admitted asset by the director of the Division of Insurance in enforcing the provisions of § §  58-4-39 to 58-4-43, inclusive, and chapter 58-29B, and any rule promulgated to implement such provisions.

     Section 6. Notwithstanding the other provisions of chapter 58-29B, for the purposes of determining:

             (1)    If a qualified education loan insurer has, in any transaction involving the transfer of any education loans or other assets, sold such education loans or other assets or pledged such education loans or other assets to secure indebtedness of the qualified education loan insurer; and

             (2)    If a wholly owned subsidiary of a qualified education loan insurer shall be treated as a separate entity, distinct from the qualified education loan insurer, or the subsidiary's assets and liabilities shall be consolidated with the assets and liabilities of the qualified education loan insurer;

chapter 58-29B shall be construed as referring to available and analogous case law under the federal bankruptcy code for making determinations in any receivership, rehabilitation, or liquidation of the qualified education loan insurer.

     Section 7. The director of the Division of Insurance may promulgate rules, pursuant to chapter 1-26, to provide any qualified education loan insurer with additional exemptions from the provisions of Title 58 or to provide additional investment authority.

     Section 8. 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. "

f-1221ta

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " define and regulate a qualified education loan insurer, to provide for the investment of certain funds, to allow surety student loan insurance, and to declare an emergency. " .

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     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1222 which was tabled.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1216 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1266 and HJR 1007 which were tabled.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1095 and 1183 which were deferred to the 36th legislative day.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1124 and 1289 which were deferred to the 36th legislative day.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1189 and returns the same without recommendation as amended:

o-1189

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     On page 1 , after line 2 of the printed bill , insert:

"     Section 1. That the following Act be enacted by the South Dakota Legislative Assembly and referred to the vote of the electors of the state at the next general election to be held in the year 1998 for their approval:

     FOR AN ACT ENTITLED, An Act  to repeal the video lottery.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: "

f-1189a

     On page 9 , between lines 3 and 4 of the printed bill , insert:

"      Section 11. That § 10-45-2 be amended to read as follows:

     10-45-2.   There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four five percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as taxed by §  10-45-3 and except as otherwise provided in this chapter, sold at retail in the State of South Dakota to consumers or users.

     Section 12. That § 10-45-3 be amended to read as follows:

     10-45-3.   There is hereby imposed a tax of three four percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers; provided, however, that whenever any trade-in or exchange of used farm machinery is involved in the transaction, the tax shall only be due and collected on the cash difference.

     Section 13. That § 10-45-5 be amended to read as follows:

     10-45-5.   There is imposed a tax at the rate of three four percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four five percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by §  32-5-1 leased under a single contract for more than twenty-eight days and mobile homes provided, however, that the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of §  10-45-4.

     Section 14. That § 10-45-5.3 be amended to read as follows:

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     10-45-5.3.   There is imposed, at the rate of three four percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

     Section 15. That § 10-45-6 be amended to read as follows:

     10-45-6.   There is hereby imposed a tax of four five percent upon the gross receipts from sales, furnishing, or service of gas, electricity, and water, including the gross receipts from such sales by any municipal corporation furnishing gas, and electricity, to the public in its proprietary capacity, except as otherwise provided in this chapter, when sold at retail in the State of South Dakota to consumers or users.

     Section 16. That § 10-45-6.1 be amended to read as follows:

     10-45-6.1.   There is hereby imposed on amounts paid for local telephone services, toll telephone services and teletypewriter services, a tax of four five percent of the amount so paid. The taxes imposed by this section shall be paid by the person paying for the services. If a bill is rendered the taxpayer for local telephone service or toll telephone service, the amount on which the tax with respect to such services shall be based shall be the sum of all charges for such services included in the bill; except that if a person who renders the bill groups individual items for purposes of rendering the bill and computing the tax, then the amount on which the tax for each such group shall be based shall be the sum of all items within that group, and the tax on the remaining items not included in any such group shall be based on the charge for each item separately. If the tax imposed by this section with respect to toll telephone service is paid by inserting coins in coin operated telephones, the tax shall be computed to the nearest multiple of five cents, except that, where the tax is midway between multiples of five cents, the next higher multiple shall apply. The tax so paid shall be remitted at the same time as the sales tax imposed by this chapter.

     Section 17. That § 10-45-8 be amended to read as follows:

     10-45-8.   There is imposed a tax of four five percent upon the gross receipts from all sales of tickets or admissions to places of amusement and athletic events, except as otherwise provided in this chapter.

     Section 18. That § 10-45-70 be amended to read as follows:

     10-45-70.   There is imposed a tax of four five percent on the gross receipts from the transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

     Section 19. That § 10-45-71 be amended to read as follows:

     10-45-71.   There is imposed a tax of four five percent on the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

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     Section 20. That § 10-46-2.1 be amended to read as follows:

     10-46-2.1.   For the privilege of using services in South Dakota, except those types of services exempted by §  10-46-17.3, there is imposed on the person using the service an excise tax equal to four five percent of the value of the services at the time they are rendered. However, this tax may not be imposed on any service rendered by a related corporation as defined in subdivision 10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term related corporation includes a corporation which together with the financial institution is part of a controlled group of corporations as defined in 26 U.S.C. §  1563 as in effect on January 1, 1989, except that the eighty percent ownership requirements set forth in 26 U.S.C. §  1563(a)(2)(A) for a brother-sister controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an employee for the use of his the employer are not taxable.

     Section 21. That § 10-46-2.2 be amended to read as follows:

     10-46-2.2.   An excise tax is imposed upon the privilege of the use of rented tangible personal property in this state at the rate of four five percent of the rental payments upon the property.

     Section 22. That § 10-46-57 be amended to read as follows:

     10-46-57.   There is imposed a tax of four five percent on the privilege of the use of any transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

     Section 23. That § 10-46-58 be amended to read as follows:

     10-46-58.   There is imposed a tax of four five percent on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state. "

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1268 and returns the same with the recommendation that said bill be amended as follows:

t-1268a

     On page 2 , line 10 of the printed bill , delete " one million " .

     On page 2 , line 10 , overstrike everything before " thirty " .

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     On page 2 , delete line 18 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1271 and returns the same with the recommendation that said bill be amended as follows:

f-1271

     On page 1 , delete lines 11 to 16 of the printed bill , inclusive .

     On page 2 , delete lines 1 to 4 , inclusive .

F-1271a

     On page 1 , line 10 of the printed bill , delete " residents " and insert " registered voters " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1323 and returns the same with the recommendation that said bill be amended as follows:

f-1323

     On page 1 , line 10 of the printed bill , delete " county " and insert " board of county commissioners " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1295 which was tabled.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1164 and 1275 which were deferred to the 36th legislative day.

Respectfully submitted,
Kay Jorgensen, Chair

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MR. SPEAKER:

    I have the honor to return herewith HB 1030, 1038, 1039, 1044, 1047, 1048, 1075, 1081, 1156, and 1172 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 171, 178, 206, 225, and 227 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

     Rep. Gabriel moved that HCR 1002 be deferred until Monday, February 9th, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     Yesterday, Rep. Richter announced his intention to reconsider the vote by which HB 1185 was lost.

     Rep. Richter moved to reconsider the vote by which HB 1185 was lost.

     The question being on Rep. Richter's motion to reconsider the vote by which HB 1185 was lost.

     And the roll being called:

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     Yeas 55, Nays 10, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Solum; Sperry; Volesky; Wetz; Wick; Windhorst

     Nays were:
Barker; Collier; Davis; Gleason; Hagen; Lockner; Schrempp; Sokolow; Waltman; Weber

     Excused were:
Eccarius; Haley; Van Gerpen; Speaker Hagg

     Absent and Not Voting were:
Matthews

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1185 was up for reconsideration and final passage.

     Rep. Richter moved that HB 1185 be deferred until Monday, February 9th, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     SCR 3:   A CONCURRENT RESOLUTION,   Endorsing federal legislation to designate the Ronald Reagan Washington National Airport.

     Was read the first time and referred to the Committee on Transportation.

     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 6th, the 19th legislative day.

     Which motion prevailed.

     Rep. Gabriel moved that the reports of the Standing Committees on

     Local Government on HB 1082 as found on page 374 of the House Journal; also

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     Local Government on HB 1195 as found on pages 374 and 375 of the House Journal; also

     Local Government on HB 1206 as found on page 375 of the House Journal; also

     Judiciary on HB 1253 as found on page 376 of the House Journal; also

     Judiciary on HB 1286 as found on pages 376 and 377 of the House Journal; also

     State Affairs on HB 1174 as found on pages 377 and 378 of the House Journal; also

     State Affairs on HB 1267 as found on pages 378 and 379 of the House Journal; also

     Health and Human Services on HB 1244 as found on page 379 of the House Journal; also

     Health and Human Services on HB 1313 as found on page 380 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     HB 1127:   FOR AN ACT ENTITLED, An Act   to revise certain statutes pertaining to the power of municipalities to contract for planning and zoning services.

     Was read the second time.

     The question being "Shall HB 1127 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Brooks; Gabriel

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     Excused were:
Eccarius; Haley; Konold; Van Gerpen; Speaker Hagg

     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. Crisp requested that HB 1157 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1177:   FOR AN ACT ENTITLED, An Act   to establish the amount of county road levy that is distributed to any municipality incorporated after 1984.

     Was read the second time.

     The question being "Shall HB 1177 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Pederson (Gordon)

     Excused were:
Eccarius; Haley; Peterson (Bill); Van Gerpen; Speaker Hagg

     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. Sokolow requested that HB 1211 be removed from the Consent Calendar.
    
    Which request was granted and the bill was so removed.

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     HB 1188:   FOR AN ACT ENTITLED, An Act   to allow certain family members to file one petition for change of name.

     Was read the second time.

     The question being "Shall HB 1188 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Excused were:
Eccarius; Haley; Peterson (Bill); Van Gerpen; Speaker Hagg

     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 HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Gabriel moved that HB 1223, 1010, and 1234 be deferred until Monday, February 9th, the 20th legislative day.

     Which motion prevailed and the bills were so deferred.

     HB 1089:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the killing or taking of elk and turkey which are damaging property.

     Was read the second time.

     The question being "Shall HB 1089 pass as amended?"

     And the roll being called:

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     Yeas 57, Nays 7, Excused 4, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fiegen; Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Barker; Collier; Fischer-Clemens; Fitzgerald; Kooistra; Lucas; Sokolow

     Excused were:
Eccarius; Haley; Peterson (Bill); Speaker Hagg

     Absent and Not Voting were:
Duniphan; Kazmerzak

     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.

     HB 1292:   FOR AN ACT ENTITLED, An Act   to classify certain land as nonagricultural acreage and revise the tax levy for the general fund purposes of a school district.

     Was read the second time.

     Rep. McNenny moved that HB 1292 be deferred until Monday, February 9th, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

    HB 1146:   FOR AN ACT ENTITLED, An Act   to mandate transferability of certain postsecondary credit hours.

    Was read the second time.

     Rep. Richter moved that HB 1146 be placed to follow HB 1122 on today's calendar.

     Which motion prevailed and the bill was so placed.

    HB 1273   :   FOR AN ACT ENTITLED, An Act   to regulate guided hunting activity on certain public lands.

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     Was read the second time.

     Rep. de Hueck moved that HB 1273 be placed to follow HB 1097 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1277:   FOR AN ACT ENTITLED, An Act   to mandate control of weeds and pests on property owned or managed by state government agencies.

     Was read the second time.

     The question being "Shall HB 1277 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Hunt; Richter; Roe

     Excused were:
Eccarius; Haley; Speaker Hagg

     Absent and Not Voting were:
Napoli

     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.

     HB 1096:   FOR AN ACT ENTITLED, An Act   to permit any party in contested cases to require the use of the Office of Hearing Examiners and to eliminate the penalty for such use.

     Was read the second time.

j-1096a

     Rep. Cutler moved that HB 1096 be amended as follows:

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     On page 1 , line 9 of the House Judiciary committee engrossed bill , overstrike " if " .

     On page 1 , line 10 , delete " a " and insert " the prevailing party may recover expenditures necessarily incurred in gathering and procuring evidence or bringing the matter to hearing. Such expenditures include the costs of telephonic hearings; costs of telephoto or fax charges; fees of witnesses, interpreters, translators, and officers; costs of printers; costs of service of process; costs of filing; costs of telephone calls; costs of copying; costs of original transcripts and copies of transcripts; fees for a reporter's attendance; fees of court appointed experts, and other similar costs and fees. " .

     On page 1 , delete lines 11 to 13 , inclusive .

     Rep. de Hueck requested that Joint Rule 5-17 be invoked on HB 1096.

     Which request was supported and HB 1096 with Rep. Cutler's pending motion to amend was deferred until Monday, February 9th, the 20th legislative day.

     HB 1097:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the Office of Hearing Examiners.

     Was read the second time.

     The question being "Shall HB 1097 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 5, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Belatti; Hassard; Hunt; Johnson (Doug); Volesky

     Excused were:
Eccarius; Gabriel; Haley; Speaker Hagg

     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.

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     HB 1273:   FOR AN ACT ENTITLED, An Act   to regulate guided hunting activity on certain public lands.

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

r-1273a

     Rep. de Hueck moved that HB 1273 be amended as follows:

     On page 1 , line 5 of the House Agriculture & Natural Resources committee engrossed bill , after " person " insert " , acting as a hunting guide as defined in section 2 of this Act, " .

     On page 1 , line 7 , after " state " insert " which is posted as a game production area " .

     Which motion prevailed and HB 1273 was so amended.

     The question being "Shall HB 1273 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 22, Excused 4, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Duniphan; Duxbury; Fiegen; Fischer- Clemens; Gabriel; Gleason; Hagen; Hunt; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Moore; Munson (Donald); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Smidt; Solum; Sperry; Van Gerpen; Volesky; Wetz; Wick

     Nays were:
Apa; Derby; Diedrich; Duenwald; Fitzgerald; Hassard; Jaspers; Johnson (Doug); Koskan; Kredit; Lucas; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Schrempp; Sokolow; Waltman; Weber; Windhorst

     Excused were:
Eccarius; Haley; Putnam; Speaker Hagg

     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.

     HB 1099:   FOR AN ACT ENTITLED, An Act   to prohibit a minor from purchasing, possessing, receiving, or consuming tobacco products or from attempting to purchase or receive tobacco products.

     Was read the second time.

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     Rep. Brown (Jarvis) moved that HB 1099 be deferred until Monday, February 9th, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1193:   FOR AN ACT ENTITLED, An Act   to require that certain information be disclosed on the sex offender registry.

     Was read the second time.

     The question being "Shall HB 1193 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 1, Excused 4, Absent and Not Voting 3

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Pederson (Gordon)

     Excused were:
Eccarius; Haley; Peterson (Bill); Speaker Hagg

     Absent and Not Voting were:
Barker; Brown (Richard); Crisp

     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.

     HB 1279:   FOR AN ACT ENTITLED, An Act   to prohibit the possession of a firearm by persons convicted of certain felony drug offenses.

     Was read the second time.

     Rep. Sokolow requested a fiscal note on HB 1279.

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     Which request was supported.

     HB 1272:   FOR AN ACT ENTITLED, An Act   to require certain children in passenger vehicles to be in a child passenger restraint system.

     Was read the second time.

    Rep. Cutler now presiding.

     Rep. Broderick moved the previous question.

     Which motion lost.

     The question being "Shall HB 1272 pass?"

     And the roll being called:

     Yeas 33, Nays 30, Excused 6, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Kazmerzak; Konold; Kooistra; Kredit; Lockner; Matthews; Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Smidt; Sperry; Van Gerpen; Volesky; Wick; Windhorst

     Nays were:
Apa; Brown (Jarvis); Cerny; Crisp; Duenwald; Duniphan; Gabriel; Gleason; Hagen; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Koskan; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Putnam; Schrempp; Sokolow; Solum; Waltman; Weber; Wetz

     Excused were:
Diedrich; Eccarius; Haley; Hassard; Lee; Speaker Hagg

     Absent and Not Voting were:
Brown (Richard)

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

     Rep. Fiegen announced her intention to reconsider the vote by which HB 1272 was lost.

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     HB 1122:   FOR AN ACT ENTITLED, An Act   to affirm the right of family members to assist in certain births.

     Was read the second time.

     The question being "Shall HB 1122 pass?"

     And the roll being called:

     Yeas 56, Nays 9, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst

     Nays were:
Barker; Cutler; Davis; Hagen; Kazmerzak; Lucas; Peterson (Bill); Rost; Sokolow

     Excused were:
Eccarius; Haley; Konold; Wick; Speaker Hagg

     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 Hunt now presiding.

     HB 1146:   FOR AN ACT ENTITLED, An Act   to mandate transferability of certain postsecondary credit hours.

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

x-1146

     Rep. Roe moved that HB 1146 be amended as follows:

     On page 1 , line 11 of the House Education committee engrossed bill , after " transfer " delete " sixty-four " and insert " sixteen " .

    A roll call vote was requested and supported.

    The question being on Rep. Roe's motion to amend HB 1146.

     And the roll being called:

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     Yeas 17, Nays 48, Excused 5, Absent and Not Voting 0

     Yeas were:
Chicoine; Collier; Cutler; Derby; Duxbury; Fitzgerald; Gabriel; Gleason; Hassard; Jorgensen; Munson (Donald); Napoli; Roe; Schaunaman; Smidt; Van Gerpen; Windhorst

     Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Davis; de Hueck; Diedrich; Duenwald; Fiegen; Fischer-Clemens; Hagen; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schrempp; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick

     Excused were:
Duniphan; Eccarius; Haley; Konold; Speaker Hagg

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

c-1146a

     Rep. Cutler moved that HB 1146 be amended as follows:

     On page 1 , line 6 of the House Education committee engrossed bill , after " universities " insert " and the technical institutes " .

     On page 1 , line 7 , delete " and the technical institutes governed by the South Dakota Board of " .

     On page 1 , delete line 8.

     On page 1 , line 9 , delete " governed by the " .

     On page 1 , line 10 , delete "South Dakota Board of Education".

     On page 1 , line 13 , delete everything after " The " and insert " Board of Regents may make additional requirements for the transfer of credits. " .

     On page 1 , delete line 14 .

     On page 1, following line 13, insert the following:

    
"      Section 3. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as follows:

     All functions relating to postsecondary vocational-technical schools pursuant to chapter 13- 39 are hereby transferred to the Board of Regents."

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    A roll call vote was requested and supported.

    The question being on Rep. Cutler's motion to amend HB 1146.

     And the roll being called:

     Yeas 12, Nays 52, Excused 5, Absent and Not Voting 1

     Yeas were:
Chicoine; Collier; Cutler; Duxbury; Fitzgerald; Hassard; Jaspers; Jorgensen; Koskan; Munson (Donald); Roe; Waltman

     Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Fiegen; Fischer-Clemens; Gleason; Hagen; Hunt; Johnson (Doug); Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst

     Excused were:
Duniphan; Eccarius; Gabriel; Haley; Speaker Hagg

     Absent and Not Voting were:
Koetzle

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

x-1146a

     Rep. Cutler moved that HB 1146 be amended as follows:

     On page 1 , line 11 of the House Education committee engrossed bill , after " transfer " delete " sixty-four " and insert " thrity-two " .

     Rep. Jorgensen requested that Joint Rule 5-17 be invoked on HB 1146.

    Which request was supported and HB 1146 with Rep. Cutler's pending motion to amend was deferred until Monday, February 9th, the 20th legislative day.

     SB 171:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the design of motor vehicle license plates.

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     Was read the first time and referred to the Committee on Transportation.

     SB 178:   FOR AN ACT ENTITLED, An Act   to revise certain provisions related to involuntary commitment for alcohol or drug treatment.

     Was read the first time and referred to the Committee on Judiciary.

     SB 206:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the disposition of seized controlled weapons and firearms.

     Was read the first time and referred to the Committee on Judiciary.

     SB 225:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to workers' compensation during a period of rehabilitation.

     Was read the first time and referred to the Committee on Judiciary.

     SB 227:   FOR AN ACT ENTITLED, An Act   to require training in parenting skills for certain persons.

     Was read the first time and referred to the Committee on Judiciary.

     SB 181:   FOR AN ACT ENTITLED, An Act   to revise the state auditor's authority to allow the restoration of a fund from which a loan is made.

     Was read the second time.

     Rep. Munson (Donald) moved that SB 181 be deferred until Friday, February 6th, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

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     HC 1003   Introduced by:  Representatives Duxbury and Lockner and Senator Morford

A LEGISLATIVE COMMEMORATION,  Honoring the students and staff of the 1997-1998     Tulare High School concert band and the 1997-1998 Garden Valley Collegiate concert     band of Winkler, Manitoba, Canada.

     WHEREAS,  the Tulare High School concert band and its forty-five members, including seniors Ann Albers, Danette Bottum, Keith Fisk, Ryan Frankenstein, Josh Nowell, and April Schultz, directed by Sam Glantzow, is one of South Dakota's outstanding small school bands; and

     WHEREAS,  the concert band from Garden Valley Collegiate school, directed by Paul Moen, a South Dakota native, is one of Canada's finest high school bands and has invited the Tulare band to perform at its spring concert on June 2, 1998; and

     WHEREAS,  the Tulare Music Boosters, headed by Carolyn Lewis, Mary Buchholz, and Susan L. Binger, and the community's businesses have worked with the band members to raise money for this first-ever trip by the Tulare band:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that the students and staff of the bands from Tulare High School and Garden Valley Collegiate be recognized for promoting excellence in music in South Dakota and Manitoba with this joint performance.

     Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 5:04 p.m. the House adjourned.