JOURNAL OF THE SENATE

---

THIRTY-THIRD DAY

---

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 26, 1998

     The Senate convened at 8:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge of Allegiance led by Senate page Jessica McManus.

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

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate 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,

HAROLD W. HALVERSON, Chair

     Which motion prevailed and the report was adopted.

---

     Sen. Halverson moved that the consideration of the executive appointments on today's calendar be taken on one vote as on a consent calendar.

     Which motion prevailed.

     The Senate proceeded to the consideration of the executive appointment of Tom Graham of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Tom Graham pursuant to the executive message as found on page 644 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Aker; Symens; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Kevin Culhane of Clay County, Vermillion, South Dakota, to the South Dakota Housing Development Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Kevin Culhane pursuant to the executive message as found on page 668 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

---

     Excused were:
Aker; Symens; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Dawn A. Nelson of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Dawn A. Nelson pursuant to the executive message as found on page 668 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Aker; Symens; Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     HCR 1016:   A CONCURRENT RESOLUTION,   Proclaiming December fifteenth, Bill of Rights Day.

    Was read the second time.

     Sen. Staggers moved that the Senate do concur in HCR 1016 as found on page 924 of the House Journal.

     The question being on Sen. Staggers' motion that the Senate do concur in HCR 1016.

     And the roll being called:

---

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Benson; Dunn (Jim); Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1016 was concurred in.

     The President publicly read the title to

     HB 1071: FOR AN ACT ENTITLED, An Act  to revise certain provisions concerning the availability of circuit judges in county seats.

     HB 1133: FOR AN ACT ENTITLED, An Act  to clarify provisions relating to teacher contracts and to declare an emergency.

     HB 1134: FOR AN ACT ENTITLED, An Act  to maintain the state's share of funding to special education.

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

     HB 1151: FOR AN ACT ENTITLED, An Act  to provide for notification and hearing when motor vehicle franchise agreements are modified or replaced.

     HB 1161: FOR AN ACT ENTITLED, An Act  to provide for the disposition of the remains of human embryos and fetuses.

     HB 1175: FOR AN ACT ENTITLED, An Act  to provide for the reasonable compensation for warranty services performed by dealers selling certain equipment.

     HB 1245: FOR AN ACT ENTITLED, An Act  to allow an owner-occupant of a manufactured or mobile home to be eligible for an owner-occupied dwelling classification if the owner-occupant fails to list the home with the director of equalization by the required date or within the specified time frame.

     HB 1257: FOR AN ACT ENTITLED, An Act  to provide for the protection of children from prenatal exposure to alcohol and drugs.

---

     HB 1269: FOR AN ACT ENTITLED, An Act  to establish a license surcharge and fund for wildlife depredation and hunter access purposes.

     HB 1315: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to comparative negligence.

     And signed the same in the presence of the Senate.

     Sen. Rounds moved that the Senate do now recess until 9:00 a.m., which motion prevailed and at 8:15 a.m., the Senate recessed.

     The Senate reconvened at 9:00 a.m., the President presiding.

MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 206 and the amendments thereto made by the House, and the disagreement of the two Houses thereon, and recommends that all House amendments be deleted, thus restoring the bill to the form it passed the Senate.

Respectfully submitted,    Respectfully submitted,
    MARGUERITE M. KLEVEN
WILLARD PUMMEL    ROBERT M. BENSON
ROBERT N. DUXBURY    CHARLES E. FLOWERS
House Committee    Senate Committee

     Sen. Kleven moved that the report of the Conference Committee on SB 206 be adopted.

     The question being on Sen. Kleven's motion that the report of the Conference Committee on SB 206 be adopted.

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Paisley; Reedy; Rounds; Shoener; Vitter; Whiting

---

     Excused were:
Everist; Hainje; Halverson; Olson; Staggers; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1160.

Respectfully,
KAREN GERDES, Chief Clerk

MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 67, 111, 193 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 22, 39, 40, 53, 70, 120, 136, 145, 177, 210, 211, 214, 227, 233, 236, 240, and 241 were delivered to his Excellency, the Governor, for his approval at 8:20 a.m., February 26, 1998.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 12, 21, 86, 92, 94, 103, 110, 138, 141, and 228 were delivered to his Excellency, the Governor, for his approval at 8:25 a.m., February 26, 1998.

Respectfully submitted,
Harold Halverson, Chair

---

     The President publicly read the title to

     SB 67: FOR AN ACT ENTITLED, An Act  to prohibit any person under the age of twenty- one from operating a motor vehicle if there is alcohol present in the person's blood or after consuming marijuana or any controlled drug or substance.

     SB 111: FOR AN ACT ENTITLED, An Act  to permit borrowing between school district funds.

     SB 193: FOR AN ACT ENTITLED, An Act  to exempt certain United States postage gross receipts from sales and use tax.

     And signed the same in the presence of the Senate.

     Sen. Rounds moved that the Senate do now recess until 12:30 p.m., which motion prevailed and at 9:50 a.m., the Senate recessed.

     The Senate reconvened at 12:30 p.m., the President presiding.

     The President announced the following change in the members of the Conference Committee on HB 1019: Sen. Dennert will replace Sen. Olson.

MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 242 and returns the same with the recommendation that said bill be amended as follows:

On page,

4

line

32

of the printed bill,

delete

"

$ 12,902,653

"

and insert

"

$ 13,334,653

"

.

On page,

7

line

54

of the printed bill,

delete

"

$ 6,500,000

"

and insert

"

$ 4,400,000

"

.

On page,

8

line

5

of the printed bill,

delete

"

$ 1,029,101

"

and insert

"

$ 1,002,919

"

.

On page,

8

line

9

of the printed bill,

delete

"

26.1

"

and insert

"

25.1

"

.

On page,

9

line

50

of the printed bill,

delete

"

$ 327,287

"

and insert

"

$ 334,800

"

.

On page,

9

line

50

of the printed bill,

delete

"

$ 560,649

"

and insert

"

$ 586,421

"

.

On page,

9

line

51

of the printed bill,

delete

"

$ 44,276,773

"

and insert

"

$ 44,166,081

"

.

On page,

9

line

51

of the printed bill,

delete

"

$ 123,983,222

"

and insert

"

$ 123,603,477

"

.

On page,

9

line

54

of the printed bill,

delete

"

31.0

"

and insert

"

33.0

"

.

On page,

10

line

30

of the printed bill,

delete

"

$ 6,850,028

"

and insert

"

$ 6,915,073

"

.

On page,

10

line

30

of the printed bill,

delete

"

$ 11,798,759

"

and insert

"

$ 12,021,906

"

.

On page,

10

line

31

of the printed bill,

delete

"

$ 1,417,540

"

and insert

"

$ 1,455,674

"

.

On page,

10

line

31

of the printed bill,

delete

"

$ 2,600,724

"

and insert

"

$ 2,731,550

"

.

On page,

10

line

34

of the printed bill,

delete

"

605.5

"

and insert

"

617.5

"

.

On page,

13

line

11

of the printed bill,

delete

"

$ 241,230,671

"

and insert

"

$ 244,882,063

"

.

On page,

13

line

18

of the printed bill,

delete

"

$ 37,602,615

"

and insert

"

$ 38,440,313

"

.

On page,

14

line

41

of the printed bill,

delete

"

$ 51,870

"

and insert

"

$ 20,370

"

.

On page,

20

line

1

of the printed bill,

delete

"

$ 10,949,533

"

and insert

"

$ 14,319,824

"

.

On page,

20

line

7

of the printed bill,

delete the first

"

$0

"

and insert

"

$ 1,613,960

"

.

On page,

20

line

8

of the printed bill,

delete

"

$ 1,613,960

"

and insert

"

$0

"

.

On page,

20

line

21

of the printed bill,

delete

"

$ 17,703,137

"

and insert

"

$ 15,203,137

"

.

On page,

20

line

22

of the printed bill,

delete

"

$ 19,602,493

"

and insert

"

$ 17,602,493

"

.

On page,

20

line

25

of the printed bill,

delete

"

1,182.5

"

and insert

"

1,159.5

"

.

On page,

20

line

35

of the printed bill,

delete

"

$ 22,504,950

"

and insert

"

$ 19,504,950

"

.

On page,

20

line

36

of the printed bill,

delete

"

$ 19,418,097

"

and insert

"

$ 17,918,097

"

.

On page,

20

line

39

of the printed bill,

delete

"

1,439.7

"

and insert

"

1,403.7

"

.

On page,

20

line

43

of the printed bill,

delete

"

$ 3,693,852

"

and insert

"

$ 3,809,292

"

.

On page,

20

line

50

of the printed bill,

delete

"

$ 298,270

"

and insert

"

$ 375,230

"

.

On page,

21

line

2

of the printed bill,

delete

"

$ 6,505,277

"

and insert

"

$ 5,505,277

"

.

On page,

21

line

3

of the printed bill,

delete

"

$ 6,020,730

"

and insert

"

$ 5,020,730

"

.

On page,

21

line

13

of the printed bill,

delete

"

320.1

"

and insert

"

316.1

"

.

On page,

21

line

20

of the printed bill,

delete

"

363.4

"

and insert

"

356.4

"

.

On page,

21

line

31

of the printed bill,

delete

"

$ 247,318

"

and insert

"

$ 272,318

"

.

On page,

21

line

38

of the printed bill,

delete

"

$ 122,097

"

and insert

"

$ 147,097

"

.

On page,

22

line

33

of the printed bill,

delete

"

$ 253,808

"

and insert

"

$ 260,108

"

.

On page,

23

line

28

of the printed bill,

delete

"

$ 1,359,464

"

and insert

"

$ 1,859,464

"

.

On page,

25

line

2

of the printed bill,

delete

"

$ 426,235

"

and insert

"

$ 366,410

"

.

On page,

25

line

2

of the printed bill,

delete

"

$ 388,292

"

and insert

"

$ 328,467

"

.

On page,

25

line

3

of the printed bill,

delete

"

$ 17,635,617

"

and insert

"

$ 17,618,217

"

.

On page,

25

line

3

of the printed bill,

delete

"

$ 34,682,746

"

and insert

"

$ 34,665,346

"

.

On page,

25

line

6

of the printed bill,

delete

"

23.0

"

and insert

"

19.0

"

.

On page,

26

line

40

of the printed bill,

delete

"

$ 16,859,120

"

and insert

"

$ 16,790,963

"

.

On page,

26

line

41

of the printed bill,

delete

"

$ 2,301,881

"

and insert

"

$ 2,191,881

"

.

On page,

26

line

44

of the printed bill,

delete

"

433.0

"

and insert

"

430.6

"

.

On page,

27

line

7

of the printed bill,

delete

"

$ 3,677,421

"

and insert

"

$ 3,873,306

"

.

On page,

27

line

52

of the printed bill,

delete

"

$ 194,367

"

and insert

"

$ 261,425

"

.

On page,

27

line

53

of the printed bill,

delete

"

$ 579,539

"

and insert

"

$ 650,239

"

.

On page,

28

line

1

of the printed bill,

delete

"

5.0

"

and insert

"

7.0

"

.

z-242d

     On page 15 , line 20 of the printed bill , delete " & " and insert " and " .

     On page 15 , line 41 , delete " Compenstation " and insert " Compensation " .

     On page 15 , line 48 , delete " Compenstation " and insert " Compensation " .

d-242a

     On page 36 , after line 19 of the printed bill , insert:

"     Section 30. The Cooperative Extension Service shall endeavor to increase efficiencies by utilization of technology. Historic FTE staffing levels of either specialist or field staff need not be maintained at the expense of achieving better efficiency. "

---

d-242c

     On page 36 , after line 19 of the printed bill , insert:

"     Section 31. It is the intent of this Act that the distribution of salary increases to non-CSA employees of the Board of Regents be made in a manner to be determined at the sole discretion of the Board of Regents, any other provisions of chapter 3-18 notwithstanding. "

     And that as so amended said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

     Sen. Rounds moved that the report of the Standing Committee on

     Appropriations on SB 242 as found on page 729 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1067 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the form it passed the House.

Respectfully submitted,    Respectfully submitted,
KENNETH E. KREDIT    RANDY D. FREDERICK
    KERMIT STAGGERS
DEB FISCHER-CLEMENS    JIM HUTMACHER
House Committee    Senate Committee

     Sen. Frederick moved that the report of the Conference Committee on HB 1067 be adopted.

     The question being on Sen. Frederick's motion that the report of the Conference Committee on HB 1067 be adopted.

     And the roll being called:

---

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 112 and 206.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in SCR 6.

Respectfully,
KAREN GERDES, Chief Clerk

     There being no objection, the Senate proceeded to Order of Business No. 12.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 242:   FOR AN ACT ENTITLED, An Act   to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state capitol, and for support and maintenance of the state guard.

     Was read the second time.

---

x-242

     Sen. Dennert moved that SB 242 be amended as follows:

     On page 13 , line 26 of the Senate engrossed bill , delete " $244,882,063 " and insert " $249,988,063 " .

    Adjust all totals accordingly.

     Sen. Drake moved that Sen. Dennert's motion to amend SB 242 be laid on the table.

    Sen. Flowers requested a roll call vote.

    Which request was supported.

     The question being on Sen. Drake's motion that Sen. Dennert's motion to amend SB 242 be laid on the table.

     And the roll being called:

     Yeas 20, Nays 12, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Whiting

     Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Staggers

     Excused were:
Symens; Valandra; Vitter

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Dennert's motion to amend SB 242 was laid on the table.

     Sen. Brown (Arnold) moved the previous question.

     Which motion prevailed.

     The question now being "Shall SB 242 pass as amended?"

---

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lange; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Hutmacher; Kloucek; Morford; Olson

     Excused were:
Symens; Valandra

     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.

MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1262 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,    Respectfully submitted,
B. MICHAEL BRODERICK, JR.    BARBARA EVERIST

DEB FISCHER-CLEMENS    MEL OLSON
House Committee    Senate Committee

     Sen. Everist moved that the report of the Conference Committee on HB 1262 be adopted.

    The question being on Sen. Everist's motion that the report of the Conference Committee on HB 1262 be adopted.

     And the roll being called:

---

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Vitter; Whiting

     Nays were:
Drake; Dunn (Jim); Frederick; Staggers

     Excused were:
Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1019 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1019 be amended as follows:

f-1019

     On page 2 , after line 11 of the Senate Appropriations committee engrossed bill , insert:

"      Section 3. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

     Any rent payments made pursuant to subdivision 13-52-2(3), as authorized by the committee created by §  4-8A-2, may not exceed a term of one year without approval of the Legislature at the next legislative session. "

z-1019t

     On page 1 , line 2 of the Senate Appropriations committee engrossed bill , after " certain educational facilities " insert " or make rent payments authorized by the Interim Appropriations Committee " .

Respectfully submitted,    Respectfully submitted,
MITCH RICHTER    RANDY D. FREDERICK
REX HAGG    WILLIAM J. JOHNSON
GARY A. SOKOLOW    H. PAUL DENNERT
House Committee    Senate Committee

---

     Sen. Frederick moved that the report of the Conference Committee on HB 1019 be adopted.

    The question being on Sen. Frederick's motion that the report of the Conference Committee on HB 1019 be adopted.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Symens; Valandra

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1302 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1302 be amended as follows:

r-1302

     On page 1 , line 15 of the Senate Health and Human Services committee engrossed bill , delete " including " and insert " except " .

     On page 2 , line 1 , delete " or in which the perpetrator has interest, but " and insert " and " .

     On page 2 , line 2 , delete " held in joint tenancy " .

     On page 2 , line 8 , delete " and jointly owned property " .

Respectfully submitted,    Respectfully submitted,
    ARNOLD M. BROWN
DAN MATTHEWS    DICK HAINJE
DAVID GLEASON    MEL OLSON
House Committee    Senate Committee

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     Sen. Olson moved that the report of the Conference Committee on HB 1302 be adopted.

     Sen. Kloucek moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1302 and that no new committee be appointed.

     Sen. Halverson moved that Sen. Kloucek's substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1302 and that no new committee be appointed be laid on the table.

    Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Kloucek's substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1302 and that no new committee be appointed be laid on the table.

     And the roll being called:

     Yeas 20, Nays 12, Excused 3, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Olson; Paisley; Rounds; Shoener; Vitter; Whiting

     Nays were:
Aker; Dennert; Drake; Dunn (Rebecca); Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Reedy; Staggers

     Excused were:
Flowers; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Sen. Kloucek's substitute motion was laid on the table.

     The question now being on Sen. Olson's motion that the report of the Conference Committee on HB 1302 be adopted.

     And the roll being called:

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     Yeas 20, Nays 13, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Olson; Paisley; Rounds; Shoener; Vitter; Whiting

     Nays were:
Aker; Dennert; Drake; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Reedy; Staggers

     Excused were:
Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 112 and 206 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

     The President publicly read the title to

     SB 112: FOR AN ACT ENTITLED, An Act  to change the number of days of notice that must be given to the county commissioners for special sessions.

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

     And signed the same in the presence of the Senate.

     Sen. Rounds moved that the Senate do now recess until 3:05 p.m., which motion prevailed and at 2:50 p.m., the Senate recessed.

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     The Senate reconvened at 3:05 p.m., the President presiding.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 23 and 147.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1302 and no new committee was appointed.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1019, 1067, and 1262.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 4: Introduced by: Senators Aker, Albers, Benson, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebbeca), Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hunhoff, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Lawler, Morford, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Valandra, Vitter, and Whiting

    A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- third Legislature of the State of South Dakota to Spencer Arne, Alison Benning, Katie Doblar, Brent Kruse, Jessica McManus, Malene Randall, Michael Reddy, Lindsey Roesch, Kati Seymour, and Libby Stengel

    WHEREAS, the above named served loyally as pages for the Senate of the Seventy-third Legislature for nine consecutive days; and

    WHEREAS, the members of the Seventy-third Senate express their most sincere appreciation to these young people for their service to the state; and

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    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, that a personal copy of this resolution be duly certified and furnished to each on their last day of service.

     Sen. Rounds moved that Senate Page 4 be adopted.

     The question being on Sen. Rounds' motion that Senate Page 4 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Dunn (Rebecca); Everist; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 23 and the amendments thereto made by the House, and the disagreement of the two Houses thereon, and recommends that SB 23 be amended as follows:

z-23

     On page 2 , line 9 of the House engrossed bill , delete " or his designee " .

     On page 2 , line 10 , after " Regents " insert " or their designees " .

     On page 2 , line 16 , delete " a commercially reasonable period of " and insert " the contractually specified " .

     On page 2 , line 24 , after " approval. " insert " An adequate performance bond shall be purchased by the contracting parties. " .

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     On page 3 , line 14 , after " facility. " insert " Nevertheless, if the expenditure of the funds held in the South Dakota State University wellness facility maintenance and repair fund results in a reduction of the total identified funds for the purpose of maintenance and repair to less than the amount required by this Act, the South Dakota State University wellness facility maintenance and repair fund shall be replenished at the rate of one percent of the estimated project cost per year until such time as the total identified funds for the maintenance and repair reserve equals or exceeds the amount required by this Act. "

Respectfully submitted,    Respectfully submitted,
J.E. "JIM" PUTNAM    BOB DRAKE
ROBERT A. ROE    ARNOLD M. BROWN
LARRY LUCAS    JOANN MORFORD
House Committee    Senate Committee

     Sen. Drake moved that the report of the Conference Committee on SB 23 be adopted.

     The question being on Sen. Drake's motion that the report of the Conference Committee on SB 23 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Aker; Everist; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 147 and the amendments thereto made by the House, and the disagreement of the two Houses thereon, and recommends that SB 147 be amended as follows:

o-147h

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

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"     Section 1. The Executive Board of the Legislative Research Council shall retain an outside neutral independent firm to collect empirical data and information regarding the economic and social effects gaming has had on the state and the citizens of the state. The firm shall make a report of its findings and conclusions to the Executive Board by a date to be determined by the Executive Board. The Executive Board shall appoint an interim legislative committee to review and evaluate the report of the independent firm, to study the possible effects of a repeal of video lottery, and to study the need to replace any revenues to the state if video lottery is repealed and, if necessary, to study possible options for replacement revenue. All costs of retaining an outside neutral independent firm shall be paid by the South Dakota Lottery from revenues generated from the state's share of video lottery revenues.

     Section 2. 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. "

o-147ta

     On page 1 , line 1 of the House State Affairs committee engrossed bill , delete everything after the first "to" and insert " provide for a study of gaming in the state, to study the effects of a repeal of video lottery, and to declare an emergency. "

     On page 1 , delete line 2 .

Respectfully submitted,    Respectfully submitted,
ROBERT A. ROE    KEITH PAISLEY
ROGER W. HUNT    ROBERT M. BENSON
CRAIG D. SCHAUNAMAN    JIM LAWLER
House Committee    Senate Committee

     Sen. Paisley moved that the report of the Conference Committee on SB 147 be adopted.

     The question being on Sen. Paisley's motion that the report of the Conference Committee on SB 147 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers; Vitter; Whiting

     Excused were:
Aker; Everist; Rounds; Symens; Valandra

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     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 207 and the amendments thereto made by the House, and the disagreement of the two Houses thereon, and reports that it was unable to reach a consensus on the issue.

Respectfully submitted,    Respectfully submitted,
GORDON R. PEDERSON    DAVID R. MUNSON
REX HAGG    DON BROSZ
    GERALD LANGE
House Committee    Senate Committee

     Sen. Munson (David) moved that the report of the Conference Committee on SB 207 be adopted.

     Sen. Munson (David) moved as a substitute motion that the Senate do not adopt the report of the Conference Commitee on SB 207 and that a new committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two Houses.

     Which motion prevailed and the President appointed as such committee Sens. Munson (David), Brosz, and Lange.

Also MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1022 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1022 be amended as follows:

z-1022g

     On page 2 , line 10 of the Senate Appropriations committee engrossed bill, delete everything after "Section 4." and insert " The administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor, as provided in §  5-14-3 shall be under the general charge and supervision of the Governor or his designee and the executive director of the Board of Regents or their designees. "

     On page 2 , delete lines 11 and 12 .

     On page 2 , line 13 , delete everything before " The " .

     On page 3 , line 11 , after " Act. " insert:

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"     Nevertheless, if the expenditure of the funds held in the Dakota State University-Madison Community Center Maintenance and Repair Fund results in a reduction of the total identified funds for the purpose of maintenance and repair to less than the $750,000 required by this Act, the Dakota State University-Madison Community Center Maintenance and Repair Fund shall be replenished at the rate of one percent of the estimated project cost per year until such time as the total identified funds for the maintenance and repair reserve equals or exceeds $750,000. "

Respectfully submitted,    Respectfully submitted,
ROBERT A. ROE    RANDY D. FREDERICK
RICHARD G. BELATTI    BOB DRAKE
LARRY LUCAS    
House Committee    Senate Committee

     Sen. Frederick moved that the report of the Conference Committee on HB 1022 be adopted.

     The question being on Sen. Frederick's motion that the report of the Conference Committee on HB 1022 be adopted.

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Hunhoff

     Excused were:
Aker; Everist; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1023 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1023 be amended as follows:

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z-1023b

     On page 2 , line 14 of the Senate Appropriations committee engrossed bill , delete everything after "Section 5." and insert "The administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor, as provided in §  5-14-3 shall be under the general charge and supervision of the Governor and the executive director of the Board of Regents or their designees."

     On page 2 , delete lines 15 and 16 .

     On page 2 , line 17 , delete everything before " The " .

     On page 2 , line 18 , delete " , the Governor, " .

Respectfully submitted,    Respectfully submitted,
J.E. "JIM" PUTNAM    BOB DRAKE
ROBERT A. ROE    ROBERT M. BENSON

House Committee    Senate Committee

     Sen. Drake moved that the report of the Conference Committee on HB 1023 be adopted.

     The question being on Sen. Drake's motion that the report of the Conference Committee on HB 1023 be adopted.

     And the roll being called:

     Yeas 29, Nays 2, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Dennert; Kloucek

     Excused were:
Aker; Lange; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

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

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     SCR 7   Introduced by:  Senators Ham, Aker, Albers, Benson, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Flowers, Frederick, Hainje, Halverson, Hunhoff, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Lawler, Morford, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Vitter, and Whiting

     A CONCURRENT RESOLUTION,  Congratulating South Dakota native Shawn Colvin on winning two Grammy Awards.

     WHEREAS,  Shawn Colvin was born in Vermillion, South Dakota, and lived there until she was eleven years of age; and

     WHEREAS,  Shawn Colvin is a folk artist whose talent has won her top honors at the 1998 Grammy Awards; and

     WHEREAS,  Shawn Colvin won a Grammy award for song of the year and a Grammy award for record of the year for "Sunny Came Home":

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-third Legislature of the State of South Dakota, the House of Representatives concurring therein, that South Dakota native Shawn Colvin be congratulated for her impressive win of two of the top honors at the 1998 Grammy Awards, song of the year and record of the year, for "Sunny Came Home."

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

    SCR 7 was read the second time.

     Sen. Ham moved that SCR 7 be adopted.

     The question being on Sen. Ham's motion that SCR 7 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Aker; Everist; Reedy; Symens; Valandra

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

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MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1097 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and that the Conference Committee is unable to resolve the differences between the two Houses and that a new committee be appointed.

Respectfully submitted,    Respectfully submitted,
PATRICIA DE HUECK    BARBARA EVERIST
KEVIN R. CRISP    HAROLD W. HALVERSON
RON J. VOLESKY    JIM HUTMACHER
House Committee    Senate Committee

     Sen. Halverson moved that the Senate do adopt the report of the Conference Commitee on HB 1097 and that a new committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two Houses.

     Which motion prevailed and the President appointed as such committee Sens. Rounds, Vitter, and Hutmacher.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 207 and has appointed Reps. Pederson, Hagg, and Koetzle as a new 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.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1022 and 1023.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has approved HB 1120 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 830 of the House Journal.

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    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1120.

Respectfully,
KAREN GERDES, Chief Clerk

     Sen. Rounds moved that the Senate do now recess until 6:30 p.m., which motion prevailed and at 6:20 p.m., the Senate recessed.

     The Senate reconvened at 6:30 p.m., the President presiding.

MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 23 and 147 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1097 and has appointed Reps. Gabriel, Wetz, and Schaunaman as a new 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.

Respectfully,
KAREN GERDES, Chief Clerk

MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 207 and the amendments thereto made by the House, and the disagreement of the two Houses thereon, and

recommends that the Senate do not concur with the House amendments to SB 207 and that no new committee be appointed.

Respectfully submitted,    Respectfully submitted,
GORDON R. PEDERSON    DAVID R. MUNSON
REX HAGG    DON BROSZ
    GERALD LANGE
House Committee    Senate Committee

     Sen. Munson (David) moved that the report of the Conference Committee on SB 207 be adopted.

     The question being on Sen. Munson's motion that the report of the Conference Committee on SB 207 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Aker; Lange; Morford; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1097 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HB 1097 be amended as follows:

j-1097c

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

"      Section 1. That section 5 of HB 1160 as previously enacted by the Seventy-third Legislative Assembly be amended to read as follows:

     Section 5. That § 49-31-3 be amended to read as follows:

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     49-31-3.   The commission has general supervision and control of all telecommunications companies offering common carrier services within the state to the extent such business is not otherwise regulated by federal law or regulation. The commission shall inquire into any complaints, unjust discrimination, neglect, or violation of the laws of the state governing such companies. The commission may exercise powers necessary to properly supervise and control such companies.

     Each telecommunications company that plans to offer or provide interexchange telecommunications service or any telecommunications service other than local exchange service shall file an application for a certificate of authority with the commission pursuant to this section. Telecommunications companies seeking to provide any local exchange service shall submit an application for certification by the commission pursuant to this Act. Applications required by this section shall be filed by the company no less than sixty days before its initiation of telecommunications service in this state. The commission shall have the exclusive authority to grant a certificate of authority. Each telecommunications company shall submit a two hundred fifty dollar application fee with its application which shall be deposited into the gross receipts tax fund established pursuant to §   49-1A-2. If the commission has not ruled upon an application at the end of the sixty days, the telecommunications company may initiate telecommunications services in the state until the commission reaches a decision on the application. If the application is granted, the company may continue to offer its services. However, if the application is denied, the company shall cease and desist from offering any further services in this state. A telecommunications company has the burden to prove in its application that it has sufficient technical, financial and managerial capabilities to offer the telecommunications services described in its application before the commission may grant a certificate of authority. The commission may rule upon a telecommunications company's application for a certificate of authority with or without hearing.

     Any certificate of authority granted by the commission may be suspended or revoked pursuant to chapter 1-26 for a willful violation of the laws of this state, a willful failure to comply with a rule or order of the commission, or other good cause. The commission shall, by rules promulgated pursuant to chapter 1-26, prescribe the necessary procedures to implement this section. A telecommunications company that had lawful authority immediately prior to the effective date of this Act to provide interexchange telecommunications services or telecommunications services other than local exchange service shall continue to have such authority. Any certificate of authority to provide such telecommunications service may not be sold, assigned, leased, or transferred without commission approval. The offering of such telecommunications services by a telecommunications company without a certificate of authority or inconsistent with this section is a Class 1 misdemeanor.

     Section 2. That section 12 of HB 1160 as previously enacted by the Seventy-third Legislative Assembly be repealed.

     The commission may review and modify the terms of any certificate of authority issued to a telecommunications company prior to the effective date of this Act in order to ensure its conformity with the requirements and policies of this chapter. Any certificate of authority may be altered or modified by the commission after notice and hearing pursuant to chapter 1-26, upon its own motion or upon application of the person or company affected.

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     Section 3. That section 17 of HB 1160 as previously enacted by the Seventy-third Legislative Assembly be amended to read as follows:

     Pursuant to 47 U.S.C. §  251(f)(1) as of January 1, 1998, the obligations of an incumbent local exchange carrier, which include the duty to negotiate and provide interconnection, unbundled network elements, resale, notice of changes and collocation, do not apply to a rural telephone company unless the company has received a bona fide request for interconnection, services, or network elements and the commission determines that the rural telephone company shall fulfill the request. The commission may only determine that the rural telephone company shall fulfill the request if, after notice and hearing pursuant to chapter 1-26, the commission finds that the request is not unduly economically burdensome the request is technically feasible, and the request is consistent with the universal service principles and provisions set forth in 47 U.S.C. §  254 as of January 1, 1998. The commission shall make such determination within one hundred twenty days after receiving notice of the request. The person or entity making the request shall have the burden of proof as to whether each of the standards for reviewing the request has been met. Nothing in this section prevents a rural telephone company from voluntarily agreeing to provide any of the services, facilities, or access referenced by this section. "

r-1097tb

     On page 1 , line 1 of the Senate State Affairs committee engrossed bill , delete everything after " to " and insert " revise certain provisions regarding the regulation of telecommunication companies. "

     On page 1 , delete line 2 .

Respectfully submitted,    Respectfully submitted,
LARRY E. GABRIEL    M. MICHAEL ROUNDS
KENNETH WETZ    DRUE J. VITTER

House Committee    Senate Committee

     Sen. Rounds moved that the report of the Conference Committee on HB 1097 be adopted.

     Sen. Hutmacher asked that the President rule in regard to Joint Rule 8-2, that the report must be germane to the title of the bill.

    The President ruled that the report was germane.

     Sen. Hutmacher   appealed the ruling of the chair.

     The question being "Shall the ruling of the chair be sustained?"

     And the roll being called:

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     Yeas 20, Nays 11, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

     Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Olson; Reedy; Staggers

     Excused were:
Aker; Morford; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the ruling of the chair was sustained.

     The question now being on Sen. Rounds' motion that the report of the Conference Committee on HB 1097 be adopted.

     And the roll being called:

     Yeas 22, Nays 9, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Kloucek; Lange; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter

     Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Lawler; Olson; Reedy; Whiting

     Excused were:
Aker; Morford; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

     SCR 8   Introduced by:  Senators Drake, Albers, Benson, Brosz, Brown (Arnold), Daugaard, Dennert, Dunn (Jim), Dunn (Rebecca), Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hunhoff, Hutmacher, Kleven, Kloucek, Lawler, Morford, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Vitter, and Whiting and Representatives Gabriel, Apa, Broderick, Brooks, Brown (Gary), Brown (Richard), Cerny, Collier, Cutler, Davis, Derby,

Diedrich, Duenwald, Duniphan, Eccarius, Fiegen, Fitzgerald, Gleason, Hagen, Johnson (Doug), Jorgensen, Kazmerzak, Konold, Kooistra, Koskan, Kredit, Lockner, Lucas, Madden, Matthews, McNenny, Moore, Munson (Donald), Napoli, Peterson (Bill), Putnam, Richter, Roe, Rost, Schrempp, Smidt, Solum, Sperry, Van Gerpen, Volesky, Waltman, Weber, Wetz, and Windhorst

     A CONCURRENT RESOLUTION,  Honoring Senator William J. Johnson of Buffalo for his outstanding service in the South Dakota State Senate since 1989.

     WHEREAS,  Senator Johnson has always represented the values of the people of this state with the utmost integrity, pride, and respect; and

     WHEREAS,  he has been friend, colleague, and leader to all members of the South Dakota Legislature throughout his time of service; and

     WHEREAS,  his fellow legislators will miss his influence in the Legislature after his retirement:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-third Legislature of the State of South Dakota, the House of Representatives concurring therein, that this legislative body hereby recognizes and honors Senator Bill Johnson for his years of honest hard work in serving this state, and extends best wishes for his continued happiness throughout his years of retirement.

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

    SCR 8 was read the second time.

     Sen. Drake moved that SCR 8 be adopted.

     The question being on Sen. Drake's motion that SCR 8 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Aker; Morford; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 8 was adopted.

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MADAM PRESIDENT:

    I have the honor to return herewith SCR 7 in which the House has concurred.

Respectfully,
KAREN GERDES, Chief Clerk

     The President publicly read the title to

     SB 23: FOR AN ACT ENTITLED, An Act  to authorize the Board of Regents to construct a performing arts center at South Dakota State University; to authorize South Dakota State University to contract with private parties to participate in financing, construction, and operation of a wellness center; and to make an appropriation therefor.

     SB 147: FOR AN ACT ENTITLED, An Act  to provide for a study of gaming in the state, to study the effects of a repeal of video lottery, and to declare an emergency.

     And signed the same in the presence of the Senate.

     Sen. Rounds moved that the Senate do now recess until 7:30 p.m., which motion prevailed and at 6:10 p.m., the Senate recessed.

     The Senate reconvened at 7:30 p.m., the President presiding.

MADAM PRESIDENT:

    I have the honor to return herewith SCR 8 in which the House has concurred.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 242 which has passed the House without change.

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Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 207 and HB 1097.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adjourned to reconvene at 9:00 a.m. on Monday, March 16, the 34th legislative day.

Respectfully,
KAREN GERDES, Chief Clerk

MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 242 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 139, 147, 160, 165, 170, 178, and 218 were delivered to his Excellency, the Governor, for his approval at 7:20 p.m., February 26, 1998.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 222, 225, 235, and 239 were delivered to his Excellency, the Governor, for his approval at 7:25 p.m., February 26, 1998.

Respectfully submitted,
Harold Halverson, Chair

     The President publicly read the title to

     SB 242: FOR AN ACT ENTITLED, An Act  to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and

departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state capitol, and for support and maintenance of the state guard.

     HB 1019: FOR AN ACT ENTITLED, An Act  to authorize the Board of Regents to expend higher educational facilities funds to lease certain educational facilities or make rent payments authorized by the Interim Appropriations Committee.

     HB 1022: FOR AN ACT ENTITLED, An Act  to authorize the South Dakota Building Authority to contract for the construction of a multiple use center to provide academic and recreational facilities for Dakota State University and facilities for community activities for the city of Madison and to make an appropriation therefor.

     HB 1023: FOR AN ACT ENTITLED, An Act  to authorize the South Dakota Building Authority to contract for the renovation of engineering and technology facilities at the South Dakota School of Mines and Technology and for construction of an addition to an engineering and technology facility at South Dakota State University and to make an appropriation therefor.

     HB 1067: FOR AN ACT ENTITLED, An Act  to clarify that certain communications between school psychologists and students are privileged.

     HB 1097: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the regulation of telecommunication companies.

     HB 1160: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the regulation of telecommunication companies.

     HB 1262: FOR AN ACT ENTITLED, An Act  to require health insurance coverage for mental illness.

     HB 1270: FOR AN ACT ENTITLED, An Act  to revise the items subject to an annual accounting of a conservator under the Uniform Probate Code.

     HJR 1002: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article III, section 3 of the Constitution of the State of South Dakota, relating to the age qualifications for legislative office, and to Article IV, section 2 of the Constitution of the State of South Dakota, relating to the age qualifications for Governor and lieutenant governor.

     And signed the same in the presence of the Senate.

     Sen. Rounds moved that the Senate do concur in the House action and that when we adjourn today, we adjourn to reconvene at 9:00 a.m., March 16, the 34th legislative day.

     Which motion prevailed.

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     Sen. Rounds moved that the Senate do now adjourn, which motion prevailed, and at 7:35 p.m. the Senate adjourned.