Joint Journal 02/24/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 24, 1999

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

     The prayer was offered by the Chaplain, The Rev. Charles Walker, followed by the Pledge of Allegiance led by Senate page Eleanor Alexander.

     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 thirtieth 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.

COMMUNICATIONS AND PETITIONS

February 24, 1999

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 98, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

February 24, 1999

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear Lt. Governor Hillard and Members of the Senate:

I herewith return Senate Bill 32 with the following recommendations as to STYLE and FORM.

Senate Bill 32 is 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.

There is a typographical error that needs correcting.

On page 2, line 12 of the House Local Government Committee engrossed version of Senate Bill 32 appears the phrase "a resident and qualified voter of the municipality". That phrase should have been changed to read "a resident ~~and~~ or qualified voter of the municipality".

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 6, 10, 11, 12, 15, 34, 47, 52, 55, 57, 58, 79, 80, 99, 132, 134, and 202 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 36 was delivered to his Excellency, the Governor, for his approval at 3:26 p.m., February 23, 1999.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has under consideration the nomination of Harvey C. Jewett of Brown County, Aberdeen, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has under consideration the nomination of Patricia VanGerpen of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Tourism and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has under consideration the nomination of Sandra J. Zinter of Hughes County, Pierre, South Dakota, as the Commissioner of the Bureau of Personnel and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has under consideration the nomination of Darrell D. Cruea of Hughes County, Pierre, South Dakota, as the Secretary of the

Department of Agriculture and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has under consideration the nomination of John L. Cooper of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Game, Fish, and Parks and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has under consideration the nomination of Ray W. Christensen of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Education and Cultural Affairs and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully Submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1189, 1296, and 1301 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 HB 1282 and returns the same with the recommendation that said bill be amended as follows:

f-1282

On page 2 , line 7 of the House Health and Human Services committee engrossed bill , after " patient ." insert " Notwithstanding membership on a committee, department, section, board of directors, or group covered by § 36-4-26.1, a health care professional observing or participating in the patient's treatment and care may testify as a fact or expert witness concerning that treatment and care, but may not be required to testify as to anything protected by § 36-4-26.1. "

And that as so amended said bill do pass.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1164 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1224 which was tabled.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1077 which was deferred to the 41st legislative day.

Respectfully submitted,
Arlene Ham, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1138 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Keith Paisley, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 106 and 146 were lost on second reading and final passage.

Also MADAM PRESIDENT:

I have the honor to return herewith SCR 3 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1008 and 1009 which have been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 71, 103, 126, 130, and 176 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 6, 10, 11, 12, 15, 34, 47, 52, 55, 57, 58, 79, 80, 99, 132, 134, and 202 which have passed the House without change.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen Halverson moved that a 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 on HB 1053.

Which motion prevailed and the President appointed as such committee Sens. David Munson, Vitter, and Kloucek.

Sen. Halverson moved that a 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 on HB 1207.

Which motion prevailed and the President appointed as such committee Sens. Everist, Daugaard, and Flowers.

HCR 1008: A CONCURRENT RESOLUTION, Urging the United States Congress to establish an equitable policy related to the tax deductibility of health insurance premiums.

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

HCR 1009: A CONCURRENT RESOLUTION, Declaring June 1999 as Obesity Awareness Month.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on HB 1075 as found on page 640 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Moore requested that HB 1221 be removed from the Consent Calendar.

HB 1225: FOR AN ACT ENTITLED, An Act to exempt school districts from certain transportation requirements.

Was read the second time.

     The question being "Shall HB 1225 pass?"

     And the roll being called:

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

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

Nays were:
Albers

Excused were:
Everist; Paisley

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1003: FOR AN ACT ENTITLED, An Act to provide for the recovery of certain expenses in an action brought to court by any governmental subdivision relative to the assessment of property.

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

     The question being "Shall HB 1003 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Flowers; Frederick; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Reedy; Staggers; Symens

Nays were:
Albers; Bogue; Drake; Dunn (Jim); Everist; Hainje; Halverson; Madden; Rounds; Shoener; Valandra; Vitter; Whiting

Excused were:
Paisley

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.

HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions related to local government officer conflicts of interest.

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

t-1254b

Sen. Hutmacher moved that HB 1254 be further amended as follows:

On the House Local Government committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 6-1-1 be repealed.

6-1-1. It shall be unlawful for any officer of a county, municipality, township or school district, who has been elected or appointed, to be interested, either by himself or agent, in any contract entered into by said county, municipality, township or school district, either for labor

or services to be rendered, or for the purchase of commodities, materials, supplies, or equipment of any kind, the expense, price or consideration of which is paid from public funds or from any assessment levied by said county, municipality, township or school district, or in the purchase of any real or personal property belonging to the county, municipality, township or school district or which shall be sold for taxes or assessments or by virtue of legal process at the suit of such county, municipality, township or school district. Such contract shall be null and void from the beginning.

Section 2. That § 6-1-2 be amended to read as follows:

6-1-2. ~~The provisions of § 6-1-1 are not applicable if~~ No elected or appointed officer of a county, municipality, township, or school district may have any direct financial interest or pecuniary interest in any contract entered into by the county, municipality, township, or school district unless the contract is made pursuant to any one of the conditions set forth in the following subdivisions, without fraud or deceit ~~; but~~ . However , the contract is voidable if the provisions of the applicable subdivision were not fully satisfied or present at the time the contract was entered into:

(1) Any contract involving one thousand dollars or less regardless of whether other sources of supply or services are available within the county, municipality, township or school district, ~~provided that~~ if the consideration therefor is reasonable and just;

(2) Any contract involving more than one thousand dollars but less than the amount for which competitive bidding is required, and there is no other source of supply or services available within the county, municipality, township or school district ~~provided that~~ if the consideration therefor is reasonable and just and ~~further provided that~~ if the accumulated total of such contracts paid during any given fiscal year ~~shall~~ does not exceed the amount specified in § 5-18-3;

(3) Any contract with any firm, association, corporation, or cooperative association for which competitive bidding is not required and where other sources of supply and services are available within the county, municipality, township or school district, and the consideration therefor is reasonable and just, unless the majority of the governing body are members or stockholders who collectively have controlling interest, or any one of them is an officer or manager of any such firm, association, corporation, or cooperative association then any such contract ~~shall be~~ is null and void;

(4) Any contract with any firm, association, corporation, or cooperative association for which competitive bidding procedures are followed pursuant to chapter 5-18, and where more than one such competitive bid is submitted;

(5) Any contract for professional services with any individual, firm, association, corporation or cooperative, if the individual or any member of the firm, association, corporation or cooperative is an elected or appointed officer of a county, municipality, township , or school district, whether or not other sources of such services are available within the county, municipality, township , or school district, ~~provided~~ if the consideration therefor is reasonable and just;

(6) Any contract for commodities, materials, supplies or equipment found in the state price list established pursuant to § 5-23-8.1, at the price there established or below. "

Which motion lost.

     The question being "Shall HB 1254 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Dennert; Duxbury; Everist; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens; Valandra

Excused were:
Paisley

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.

HB 1121: FOR AN ACT ENTITLED, An Act to provide health insurance coverage for diabetes supplies, equipment, and self-management training and education.

Was read the second time.

     The question being "Shall HB 1121 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0

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

Nays were:
Drake; Frederick; Staggers

Excused were:
Paisley

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.

Sen. Rounds moved that the Senate do now recess until 5:00 p.m., which motion prevailed and at 3:00 p.m., the Senate recessed.

RECESS

The Senate reconvened at 5:00 p.m., President Hillard presiding.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1198 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1038 and 1299 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:

o-1106d

On page 1 , delete lines 13 to 15 of the House engrossed bill , inclusive , and insert:

" Section 2. That § 10 -28-21.1 be repealed.

10-28-21.1. Credit against railroad tax for replacement or repair of rail line -- Exceptions. Any publicly operated railroad or railway corporation operating over rail lines located within this state may claim a credit against the tax levied on such rail lines for amounts which the railroad or railway corporation has certified as having been expended in the replacement and repair of such rail lines. Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant to this section. The certification required by this section shall be

on forms provided by the Department of Revenue. The labor and material expenses certified pursuant to this section shall be itemized separately. The credit provided in this section shall be applied proportionally across the railroad's entire mainline within this state. The credit shall be applied to tax liability over a three-year period in an amount equal to thirty-three and one-third percent the first year following certification; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be given for the repair or replacement of railway line necessitated by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile annually may receive a credit pursuant to this section. Any rail line which carries between five million and ten million gross ton miles per mile annually shall receive a credit for only one-half of the expenses certified pursuant to this section. The provisions of this section do not affect credits certified prior to January 30, 1994.

Section 3. That § 49-16A-1 be amended to read as follows:

49-16A-1. Terms used in this chapter mean:

(1) "Common carrier," a carrier which holds itself out to the general public as engaged in the business of transporting freight in intrastate commerce which it is accustomed to and is capable of transporting from place to place in this state, for hire;

(2) "Department," the Department of Transportation created by chapter 1-44;

(3) "For hire," the condition of receiving remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of freight;

(4) "Freight," all property tendered for transportation by a railroad;

(5) "Railroad," a any association or corporation , or other entity, other than a state agency or authority, engaged in operating a common carrier by rail regardless of motive power used, excluding street railroads;

(6) "Road," all track, right-of-way, bridges, mainlines, branchlines, spurs, sidetracks, interchanges , and all other fixtures and real property owned or operated by a railroad to discharge its obligations as a common carrier by rail;

(7) "Shipper," a consignor or consignee ;

(8) "Commission," the Transportation Commission created by § 1-44-4;

(9) "Negotiated in good faith," a bona fide offer to pay all costs and damages as compensation for the acquisition of property desired by the applicant for the construction or reconstruction of a road, including the economic costs or diminution associated with or caused by the construction or reconstruction if there is a partial taking of property .

Section 4. That § 49-16A-75 be amended to read as follows:

49-16A-75. A railroad may exercise the right of eminent domain in acquiring right-of-way as provided by statute , but only upon obtaining authority from the Governor or the commission, based upon a determination by the Governor or the commission that the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity. The Governor or the commission may, without limitation, consider the requirements of sections 5, 6, and 7 of this Act when granting or denying an application for authority to use eminent domain. The decision to grant or deny an application shall be made after reasonable notice and opportunity to be heard, pursuant to chapter 1-26 .

Section 5. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:

The commission shall in accordance with chapter 1-26, promulgate rules:

(1) Establishing a form upon which a railroad may apply for authority to exercise the right of eminent domain;

(2) Specifying the information to be submitted by an applicant; and

(3) Administering applications for authority to exercise the right of eminent domain.

Section 6. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:

The applicant has the burden of proving by clear and convincing evidence that the exercise of the right of eminent domain is a public use consistent with public necessity.

Section 7. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:

A railroad's exercise of the right of eminent domain is a public use consistent with public necessity only if the use of eminent domain:

(1) Has as purpose providing railroad transportation to shippers in South Dakota, for commodities produced, manufactured, mined, grown, used, or consumed in South Dakota;

(2) Is proposed by an applicant with the financial resources necessary to complete the proposed construction or reconstruction along with any related facilities, construction, or mitigation which are necessary to protect against harm to the public safety, convenience, or other adverse socioeconomic or environmental impact, as evidenced by an irrevocable financing commitment from a lender with adequate capitalization to fulfill its commitment;

(3) Is proposed by an applicant who has complied with chapter 34A-9;

(4) Is proposed by an applicant who has negotiated in good faith to privately acquire sufficient property without the use of eminent domain;

(5) Is proposed by an applicant who has filed a plat, as required by § 49-16A-64, and that plat specifically sets forth the route of the road to be constructed or reconstructed, identifies each affected landowner, and specifies the location, along with construction methods and engineering specifications for all main lines, sidings, yards, bridges, crossings, safety devices, switches, signals, and maintenance facilities; and

(6) Provides that pipeline companies, electric utilities, public utilities, telecommunication companies, and rural water systems have the right to the use of the right-of-way for the placement of facilities, without fee, subject to reasonable regulation as to location and placement.

Section 8. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

Delete pages 2 and 3 .

O-1106e

On the pending amendment (o-1106d), after Section 7, insert:

" Section 7A. That § 10-28-16 be amended to read as follows:

10-28-16. The Department of Revenue shall , on or before the fourth Monday in August, each year, transmit to the county auditor of each county through which any railroad runs, a statement showing the length of main track, of main line or lines, and the branches thereof and sidetracks within such county, and the assessed value based on a statewide formula that weights traffic (ton miles) ~~seventy-five~~ thirty-three and one-third percent and miles of track in the county by ~~twenty-five~~ sixty-six and two-thirds percent. The county auditor shall then distribute the value to each taxing district where the line runs on a per mile basis within the county. "

o-1106f

On the pending amendment (o-1106d), delete Section 8.

In Section 7, subdivision (6), delete "pipeline companies,".

In Section 7, subdivision (6), line 3, after "placement of" insert "underground".

O-1106td

On page 1 , line 1 of the House engrossed bill , after " railroads " insert " , to revise certain provisions regarding the right of eminent domain for railroads, and to revise the formula for assigning assessed railroad valuation to counties " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1156, 1240, and 1291 which were tabled.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1116 and has appointed Reps. Duenwald, Wetz, and Lucas as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President appointed as such committee Sens. Drake, Rounds, and Flowers.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1258 and has appointed Reps. Peterson, Elmer Diedtrich, and Wilson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President appointed as such committee Sens. Rounds, Paisley, and Hutmacher.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1076 and has appointed Reps. Cutler, Napoli, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President appointed as such committee Sens. Daugaard, Albers, and Olson.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1176, 1177, 1186, 1271, and 1297.

Respectfully,
KAREN GERDES, Chief Clerk

SIGNING OF BILLS

     The President publicly read the title to

     SB 6: FOR AN ACT ENTITLED, An Act to revise the authority of the Board of Economic Development.

     SB 10: FOR AN ACT ENTITLED, An Act to provide benefit improvements for the members of the South Dakota Retirement System.

     SB 11: FOR AN ACT ENTITLED, An Act to provide for the inclusion of certain jailers as Class B members of the South Dakota Retirement System.

     SB 12: FOR AN ACT ENTITLED, An Act to improve the survivor benefit for a surviving spouse of a member of the South Dakota Retirement System.

     SB 15: FOR AN ACT ENTITLED, An Act to exempt inmate matters from certain contested case, rule making, and declaratory ruling processes.

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

     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.

     SB 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the costs and expenses incurred in the apprehension, transportation, evaluation, and commitment of out- of-state residents alleged to be mentally ill and in need of emergency intervention.

     SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the costs of care and treatment and calculation thereof for persons receiving treatment from the Human Services Center.

     SB 57: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the definition of an accredited prevention or treatment facility for alcohol and drug abuse.

     SB 58: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding holiday compensation and vacation and sick leave of sheltered workshop employees of the Division of Service to the Blind and Visually Impaired.

     SB 79: FOR AN ACT ENTITLED, An Act to revise the liability for misdemeanor violations of certain provisions concerning the illegal sale or distribution of tobacco products.

     SB 80: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the disposition of certain controlled weapons or firearms.

     SB 99: FOR AN ACT ENTITLED, An Act to provide special assessment authority to ambulance districts.

     SB 132: FOR AN ACT ENTITLED, An Act to increase certain inheritance tax exemptions for lineal issue.

     SB 134: FOR AN ACT ENTITLED, An Act to require certain health plans to cover certain dental care services.

     SB 202: FOR AN ACT ENTITLED, An Act to revise the venue provisions relating to administrative appeals.

     HB 1033: FOR AN ACT ENTITLED, An Act to increase estimated cost for certain construction projects and to declare an emergency.

     HB 1039: FOR AN ACT ENTITLED, An Act to repeal the licensing of resident and nonresident professional dog trainers, to restrict the training of dogs on wild game birds, and to repeal certain big game licensing requirements.

     HB 1070: FOR AN ACT ENTITLED, An Act to authorize county road districts to establish certain vehicle speed and weight restrictions and to revise certain county road district formation requirements.

     HB 1095: FOR AN ACT ENTITLED, An Act to revise certain administrative rules relating to telecommunications services.

     HB 1098: FOR AN ACT ENTITLED, An Act to revise the procedure for authorizing a bond issue involving two or more political subdivisions.

     HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclaimer of a property interest a person is entitled to by will or intestate succession.

     HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mutually binding agreements between beer wholesalers and brewers, to revise a term relative to beer industry relationships, and to make provisions for malt beverage brand extensions.

     HB 1144: FOR AN ACT ENTITLED, An Act to increase the annual front footage assessment for certain township road maintenance and repairs.

     HB 1193: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot.

     HB 1208: FOR AN ACT ENTITLED, An Act to provide for the termination of a spousal joint tenancy by an interested person.

     HB 1262: FOR AN ACT ENTITLED, An Act to provide a procedure to form a road district if there is three or less landowners and to prohibit the transfer of the jurisdiction of certain public highways to a road district.

     HB 1266: FOR AN ACT ENTITLED, An Act to revise the requirements for certifying eligibility for owner-occupied classification.

     HB 1279: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mechanics' liens.

     HJR1005: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota, relating to the classification of property for purposes of taxation.

     HJR1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article IX of the Constitution of the State of South Dakota, authorizing local initiatives to provide for the cooperation and organization of local government.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 14 Introduced by: Senators Staggers, Benson, Bogue, Dennert, Drake, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Moore, Munson (David), Reedy, Shoener, Symens, Valandra, and Whiting and Representatives Windhorst, Apa, Cerny, Chicoine, Fryslie, Hanson, Klaudt, Michels, Monroe, Napoli, Pummel, Slaughter, Wetz, Wudel, and Young

A LEGISLATIVE COMMEMORATION, Recognizing and commending Gladys Babcock of Creighton, South Dakota, and Glenda Knapp of Wall, South Dakota, for their outstanding leadership in the statewide petition drive to abolish the South Dakota inheritance tax.

WHEREAS, South Dakota has had an inheritance tax since 1915, and is one of sixteen states with an inheritance tax; and

WHEREAS, the inheritance tax has caused untold suffering due to the breakup of family farms and family businesses; and

WHEREAS, the inheritance tax is collected from grieving sons and daughters during a time of extreme suffering and misery; and

WHEREAS, the inheritance tax is an additional tax on the hard-earned fruits of labor; and

WHEREAS, the inheritance tax is opposed by the citizens of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Gladys Babcock and Glenda Knapp be hereby honored for their heroic efforts to abolish South Dakota's inheritance tax.

Sen. Hutmacher moved that the Senate do now adjourn, which motion prevailed, and at 6:12 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary