JOURNAL OF THE SENATE

SEVENTY-FOURTH  SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 20, 1999

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by Senate page Amy Murphy.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

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

     Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Ray W. Christensen, Minnehaha County, Sioux Falls, South Dakota, as the Secretary of the Department of Education.

    The question being "Does the Senate advise and consent to the executive appointment of Ray W. Christensen pursuant to the executive message as found on page 30 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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 Dean P. Sorenson, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors of Educational Telecommunications.

    The question being "Does the Senate advise and consent to the executive appointment of Dean P. Sorenson pursuant to the executive message as found on page 30 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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



REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 19, 30 and 31 and returns the same with the recommendation that said bills do pass.


Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.



Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 28 and returns the same with the recommendation that said bill be amended as follows:

r-28

     On page 4 , line 15 of the printed bill , after " that " insert " , on or after July 1, 1999, " .

     On page 5 , line 5 , delete " any provision of this section " and insert " subdivision (1), (2), or (3) " .

     On page 5 , line 9 , after " packs " insert " bearing the excise tax stamp or imprint of the state " .

     On page 5 , line 9 , after " or " insert " on " .

     On page 5 , line 10 , delete " containers, bearing the excise tax stamp or imprint of the state " .

     On page 5 , line 11 , after " necessary " insert " to obtain information from any licensee, licensed under the authority of the Department of Revenue, " .

     On page 5 , line 12 , after " year. " insert " The Department of Revenue may provide information obtained pursuant to this section as is necessary for a tobacco product manufacturer to compute its escrow payment under section 7 of this Act. "

     On page 5 , line 14 , after " state, " insert " on or after July 1, 1999, " .

     On page 6 , line 23 , delete " this section " and insert " section 7 of this Act " .

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 29 which was deferred to the 41st legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration SB 1 and 67 and returns the same with the recommendation that said bills do pass.



Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

f-2

     On page 1 , line 7 of the printed bill , delete " a reasonable sum to reimburse a utility for " and insert " disbursements " .

     On page 1 , line 8 , delete " expenses " .

     On page 1 , line 14 , delete " The " and insert " On motion, the " .

     On page 1 , line 14 , delete " a reasonable sum to reimburse a utility for expenses," and insert "reasonable " .

     On page 1 , line 15 , delete " including " .

     On page 1 , line 15 , after " fees " delete " , " .

     On page 2 , line 2 , after " distribution. " insert " The motion shall be accompanied by counsel's verified itemized statement of costs incurred and legal services rendered. "

f-2a

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

"     Section 1. The sixth judicial circuit court may award disbursements, including attorneys' fees, in an action brought to court pursuant to chapter 10-38 relative to the assessment, allocation, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, or distribution.



     Section 2. On motion, the Supreme Court may award reasonable attorneys' fees in an action brought to the Supreme Court pursuant to chapter 10-38 relative to the assessment, allocation, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, or distribution. The motion shall be accompanied by counsel's verified itemized statement of costs incurred and legal services rendered. "

f-2b

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

"     Section 1. The sixth judicial circuit court may award disbursements, including attorneys' fees, in an action brought to court pursuant to chapter 10-38 against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, equalization, or distribution.

     Section 2. On motion, the Supreme Court may award reasonable attorneys' fees in an action brought to the Supreme Court pursuant to chapter 10-38 against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, equalization, or distribution. The motion shall be accompanied by counsel's verified itemized statement of costs incurred and legal services rendered. No award for attorney's fees may be made for or against the State of South Dakota in the Supreme Court. "


f-2t

     On page 1 , line 2 of the printed bill , delete " any governmental subdivision " and insert " an appellant " .

     And that as so amended said bill do pass.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Arnold Brown, Chair



MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1027, 1034, and 1036 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 3   Introduced by:  Senators Frederick, Benson, Drake, Hainje, Hutmacher, and Olson and Representatives Richter and Putnam

A CONCURRENT RESOLUTION,  Defending South Dakota's right to all funds to be received     through the 1998 tobacco settlement.

     WHEREAS,  on November 23, 1998, the Attorneys General and other representatives of forty-six states, Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands, Guam, and the District of Columbia signed an agreement with the five largest tobacco manufacturers; and

     WHEREAS,  this agreement was designed to aid in the fight against teenage tobacco use and to educate the public as to the health hazards of tobacco use; and

     WHEREAS,  South Dakota is projected to receive a total of $683,650,008 through 2025 from the terms of this settlement; and

     WHEREAS,  state and local governments are in a far better position than is the federal government to fight teenage tobacco use and oversee public education regarding the hazards of tobacco use; and

     WHEREAS,  the federal government may attempt to recoup a portion of federal health care payments by claiming tobacco settlement funds:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the United States Congress and the President of the United States be memorialized to allow the State of South Dakota complete discretion over all funds received through the 1998 tobacco settlement, and not to entertain any claims by the federal executive branch on these funds.

     Was read the first time and referred to the Committee on State Affairs.


     SCR 2:   A CONCURRENT RESOLUTION,   Supporting a change in federal regulations and definitions for beginning farmer bonds.

    Was read the second time.

     Sen. Reedy moved that SCR 2 as found on page 14 of the Senate Journal be adopted.

     The question being on Sen. Reedy's motion that SCR 2 be adopted.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Agriculture and Natural Resources on SCR 1 as found on page 115 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SJR 1   Introduced by:  Senators Staggers, Benson, Dennert, Dunn (Rebecca), Duxbury, Flowers, Madden, and Reedy and Representatives Duenwald, Apa, Cerny, Davis, Fischer- Clemens, Fryslie, Klaudt, Kooistra, McCoy, Napoli, Slaughter, Sutton (Daniel), Waltman, and Windhorst

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of inheritances.

     Was read the first time and referred to the Committee on State Affairs.



     SB 74   Introduced by:  Senators Lawler, Albers, Benson, Hutmacher, Moore, Rounds, Staggers, and Vitter and Representatives Diedrich (Larry), Crisp, Koskan, Monroe, Putnam, and Sebert

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of optometry.

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

     SB 75   Introduced by:  Senators Daugaard, Halverson, Olson, and Shoener and Representatives Roe, Fischer-Clemens, Michels, and Peterson

       FOR AN ACT ENTITLED, An Act to   establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 35:   FOR AN ACT ENTITLED, An Act to   revise the requirements for updating the master registration list.

     Was read the second time.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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.

     SB 36:   FOR AN ACT ENTITLED, An Act to   permit the Public Utilities Commission to measure grain at the request of the operator of a public grain warehouse.

     Was read the second time.



     The question being "Shall SB 36 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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.

     SB 51:   FOR AN ACT ENTITLED, An Act to   apply certain uniform tax administration procedure hearings to the regulation of vehicle dealers.

     Was read the second time.

     The question being "Shall SB 51 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 7:   FOR AN ACT ENTITLED, An Act to   establish the county road and bridge fund.

     Was read the second time.

o-7

     Sen. Kleven moved that SB 7 be amended as follows:

     On page 4 , after line 16 of the printed bill , insert:

"     Section 6. The effective date of this Act is January 1, 2000. "

     Which motion prevailed and the bill was so amended.

     The question being "Shall SB 7 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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.

     SB 20:   FOR AN ACT ENTITLED, An Act to   provide for court-ordered restitution at the time a defendant is sentenced to the state penitentiary.

     Was read the second time.

     The question being "Shall SB 20 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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.

     SB 21:   FOR AN ACT ENTITLED, An Act to   specify the responsible party for inmate transportation to court-ordered hearings.

     Was read the second time.


     The question being "Shall SB 21 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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.

     SB 22:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to vital records.

     Was read the second time.

     The question being "Shall SB 22 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     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.

     SB 32:   FOR AN ACT ENTITLED, An Act to   revise certain procedures concerning the contents, data, and form of a municipal initiative and referendum and to provide certain rule- making authority.

     Was read the second time.

     Sen. Ham moved that SB 32 be deferred until Thursday, January 21, the 8th legislative day.

     Which motion prevailed and the bill was so deferred.



     SB 33:   FOR AN ACT ENTITLED, An Act to   create a procedure for challenging certain nominating, initiative, or referendum petitions.

     Was read the second time.

     The question being "Shall SB 33 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Drake; Duxbury; Kloucek; Staggers

     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.

     SB 34:   FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning the certificate for nomination and to provide certain rule-making authority.

     Was read the second time.

     The question being "Shall SB 34 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

     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.


     SB 39:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding safe drinking water to comply with the revised requirements of the federal Safe Drinking Water Act.

     Was read the second time.

     The question being "Shall SB 39 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

     SB 47:   FOR AN ACT ENTITLED, An Act to   revise the renewal fees for physicians, physician assistants, physical therapists, physical therapist assistants, medical corporations, and physician assistant corporations.

     Was read the second time.

     The question being "Shall SB 47 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Flowers; Kloucek; Moore; Staggers

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

     SB 56:   FOR AN ACT ENTITLED, An Act to   revise the definition of a qualified mental health professional.



     Was read the second time.

     The question being "Shall SB 56 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

     Nays were:
Everist; Flowers; Lawler; Moore; Olson

     Excused were:
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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1027:   FOR AN ACT ENTITLED, An Act to   increase the maximum benefits payable under the crime victims' compensation program.

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

     HB 1034:   FOR AN ACT ENTITLED, An Act to   exempt the purchasing of natural gas from certain competitive bid requirements.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1036:   FOR AN ACT ENTITLED, An Act to   permit the State of South Dakota to waive bid security on bids for public improvements under certain circumstances.

     Was read the first time and referred to the Committee on State Affairs.



COMMEMORATIONS


     SC 3   Introduced by:  Senators Rounds, Brosz, Hutmacher, and Kleven and Representatives Cutler, Haley, Konold, McNenny, Pummel, and Solum

A LEGISLATIVE COMMEMORATION,  Honoring Joy Freed, South Dakota Girls' State     Governor, and Nathan Eiler, South Dakota Boys' State Governor, and commending the     South Dakota American Legion and Auxiliary for their sponsorship and coordination of     the Girls' State and Boys' State programs.

     WHEREAS,  Joy Freed and Nathan Eiler have been elected and are serving in these high offices and are outstanding young South Dakota leaders; and

     WHEREAS,  the goals of Boys' State and Girls' State are:

             (1)    To better help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship; and

             (2)    To give better knowledge of the fundamental principles of government within the State of South Dakota through a unique learn-by-doing workshop; and

     WHEREAS,  the South Dakota American Legion and Auxiliary have worked diligently for more than fifty years in conducting these fine programs:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fourth Legislature of the State of South Dakota, that Joy Freed and Nathan Eiler be congratulated for their outstanding achievement; that appreciation be extended to those adults who donate time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys' and Girls' State.

     Sen. Madden moved that the Senate do now adjourn, which motion prevailed, and at 3:10 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary