Senate Journal 02/15/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 15, 2006

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

The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by Senate page Aaron Lorenzen.

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

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

Lee Schoenbeck, Chair

Which motion prevailed.

HONORED GUESTS

The President introduced Maggie Van Bockern of Sioux Falls, 2005 South Dakota Girls State Governor, and Alex J. Hewett of Sioux Falls, 2005 South Dakota Boys State Governor, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1170 and tabled the same.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1155 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1164 and returns the same with the recommendation that said bill be amended as follows:

1164fta

On page 1, line 1 of the printed bill, delete " provide for " and insert "revise".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1174 and returns the same with the recommendation that said bill be amended as follows:

1174fc

On page 1, after line 9 of the House Taxation Committee engrossed bill, insert:

"Section 2. That chapter 9-55 be amended by adding thereto a NEW SECTION to read as follows:

If a district has imposed an occupation tax based on rooms rented and the occupational tax revenue was used only for the promotion of the district, a majority of the landowners may dissolve the district established pursuant to § 9-55-7 by submitting a petition to the governing body requesting the district to be dissolved. On and after the date the petition is filed with the governing body, the district may not enter into any new obligations or contracts. Not withstanding the other provisions of this chapter, the governing body, upon receiving the petition and verifying that a majority of the landowners have signed the petition, shall by resolution dissolve the district. However, the governing body may not dissolve the district until there are sufficient funds available to extinguish all of the debts and obligations of the district. The governing body shall administer any remaining affairs and issues concerning the dissolved district."

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1237 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1093 and returns the same with the recommendation that said bill be amended as follows:

1093aa

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

"Section 1. Any program established by any state agency or the South Dakota Housing Development Authority for the primary purpose of constructing or selling homes shall meet the following conditions:

(1) The home to be constructed or sold does not exceed eight hundred square feet;

(2) The purchaser of the home is either disabled as defined in subdivision 10-6A-1(4) or sixty-two years of age or older, or both;

(3) The home will be the primary residence of the purchaser;

(4) The home will not be placed in a municipality with a population of five thousand or more;

(5) The purchaser of the home has a household income that does not exceed sixty-five percent of the median household income of the county where the person is placing the house; and

(6) The purchaser of the home has a net worth that does not exceed a value that is twice the median household income of the county where the person is placing the house.

This section does not apply to any home owned, purchased, or received by any state agency or the South Dakota Housing Development Authority for another purpose."

1093otb

On page 1, line 1 of the House engrossed bill, delete everything after " to " and insert "establish certain criteria regarding the construction and sale of homes by a state agency or the South Dakota Housing Development Authority."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill be amended as follows:

1055ob

On page 1, line 6 of the printed bill, delete " funding " .

On page 1 , line 7, delete everything after " represent " and insert "and promote South Dakota international business development."

On page 1 , delete line 8 .

On page 1 , line 10, after " trade " insert "and business development".

On page 1 , line 11, after " customers " delete " and/or " and insert ",".

On page 1 , line 11, after " suppliers " insert ", and investors".

On page 2 , line 1, delete " develop " and insert "Develop".

On page 2 , line 2, delete " companies and products on site in the People's Republic of China " and insert "business development in foreign countries".

On page 2 , line 3, after " promote " delete " the service " and insert "services".

On page 2 , line 7, delete " group/organization " and insert "group or organization".

On page 2 , line 8, delete " Represent South Dakota companies in the People's Republic of China " and insert "Provide South Dakota business development services internationally".

On page 2 , line 10, delete " shall " and insert "may".

On page 3 , line 8, delete " drivers, etc. " and insert "and transportation".

1055otb

On page 1, line 1 of the printed bill, after " for " insert "international ".

On page 1 , line 1, delete " in China, " .

And that as so amended said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be concurred in.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1061 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1153 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill be amended as follows:

1163rb

On page 1, line 8 of the printed bill, delete " ~~one hundred eighty~~ thirty " and insert "one hundred eighty".

On page 1 , delete lines 9 to 13 , inclusive.

On page 1 , line 14, after "Upon a" delete " ~~second~~ third " and insert "second".

On page 1 , line 14, after " or a " delete " ~~second~~ third " and insert "second".

On page 2 , line 2, delete " , if such third or subsequent conviction or " .

On page 2 , line 3, delete " adjudication occurred within four years of the previous conviction or adjudication, " .

1163ra

On page 6 of the printed bill, delete lines 12 to 17 , inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1199 and returns the same with the recommendation that said bill be amended as follows:

1199rb

On page 1 , line 7 of the House State Affairs Committee engrossed bill, delete " or any other person, " .

On page 1, after line 9, insert:

"Section 2. That § 23-7-8.6 be amended to read as follows:

23-7-8.6. No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision ~~, or any other person~~ may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1218, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1218fd

On page 1 of the House engrossed bill, delete lines 4 to 14 , inclusive, and insert

"Section 1. There is established the Task Force to Study Education for Divorcing Parents and Visitation and Custody Matters. The task force shall consist of seventeen members. Five members shall be appointed by the speaker of the House of Representatives, five members shall be appointed by the president pro tempore of the Senate, four members shall be appointed by the Governor, and three members shall be appointed by the Chief Justice. Not all members appointed by each appointive power may belong to the same political party. The initial appointments shall be made no later than sixty days after the effective date of this Act. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment. The majority of the appointments shall include legislators. The appointments shall also include a member who is a behavioral health care expert, divorced parent, divorce mediator, attorney, a member of the South Dakota Council of Mental Health Centers, and a representative of the Department of Social Services."

And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 11, 12, 15, 56, 91, 95, 107, 109, 182, and 185 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 32, 71, 77, 78, 101, and 119 were delivered to his Excellency, the Governor, for his approval at 8:40 a.m., February 15, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1007 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,
Justin J. Davis                                    Clarence Kooistra
House Committee Chair                            Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 90, 118, and 207 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 2, 11, 12, 15, 56, 91, 95, 107, 109, 182, and 185 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Bogue moved that HB 1090 be referred from the Committee on Education to the Committee on Appropriations.

Which motion prevailed.

SCR 6 Introduced by: Senators Kloucek, Hundstad, Koetzle, Moore, and Nesselhuf and Representatives Gassman, Bradford, Gillespie, Halverson, Lange, Putnam, Sigdestad, and Van Norman

A CONCURRENT RESOLUTION, Urging the cessation of beef imports until they are shown to be safe and free from bovine spongiform encephalopathy.

WHEREAS, Americans enjoy the safest and most abundant food supply in the world, which reflects the tremendous productivity and efficiency of our agricultural economy and our farming and ranching community; and

WHEREAS, it is of the utmost importance to the people of the United States to maintain the safety and reliability of our food supply and to safeguard our food supply from contamination from whatever source; and

WHEREAS, according to the United States Department of Agriculture, the United States lost over $2.6 billion in exports during 2003 and 2004 as a result of restrictions and bans on the importation of U.S. beef because of the possibility of meat tainted with bovine spongiform encephalopathy (BSE) from Canadian livestock; and

WHEREAS, a new case of BSE was just confirmed in Alberta, Canada, once again threatening U.S. beef exports to all trading partners, especially Japan. Japan is the world's second largest beef importer and intends to reinstate its ban on the importation of U.S. beef because of fears of BSE; and

WHEREAS, the integrity of our food supply and economic health of our country is being threatened once again. We cannot afford another recession in our industry caused by something that is preventable while leaders of agriculture in our state are calling for the closure of our border to Canadian beef imports; and

WHEREAS, the agricultural sector of the American economy is capable of providing a safe and sufficient food supply to meet the needs of the American people and to avoid sources of food-borne illnesses; and

WHEREAS, the United States Department of Agriculture has yet to confirm the exact epidemiology of the strain of the BSE case discovered in the U.S.; and

WHEREAS, the United States Congress has acted to close the Canadian border in the past to preserve the integrity of the U.S. food supply and beef industry, an action that was implemented without severe economic impact:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-first Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports a moratorium on all imports of live cattle, beef, precooked beef, and all beef products until more science is developed or science can prove that the cattle and beef are free of bovine spongiform encephalopathy (BSE) for the purpose of safeguarding the American consumer and the United States live cattle industry.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

Sen. Schoenbeck moved that the Committee on Education be instructed to deliver HB 1217 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Bogue moved that the reports of the Standing Committees on

Appropriations on HB 1015 as found on page 504 of the Senate Journal ; also

Appropriations on HB 1067 as found on page 504 of the Senate Journal ; also

Transportation on HB 1084 as found on page 507 of the Senate Journal ; also

Commerce on HB 1177 as found on page 506 of the Senate Journal ; also

Agriculture and Natural Resources on HB 1212 as found on page 505 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1149: FOR AN ACT ENTITLED, An Act to revise certain felony and misdemeanor provisions not located in the criminal code.

Was read the second time.

The question being "Shall HB 1149 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Smidt

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 1224: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prior approval of premium rates for certain health benefit plans.

Was read the second time.

The question being "Shall HB 1224 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1072: FOR AN ACT ENTITLED, An Act to direct the Department of Social Services to establish the South Dakota long-term care partnership program.

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

1072ja

Sen. Bogue moved that HB 1072 be amended as follows:

On page 2 of the printed bill, delete lines 19 to 21 , inclusive.

Which motion prevailed.

The question being "Shall HB 1072 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Schoenbeck

Excused:
Smidt

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 1206: FOR AN ACT ENTITLED, An Act to provide contractors' excise, sales, and use tax refunds for the filming of certain motion pictures, documentaries, television advertisements, or television films.

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

Sen. Knudson moved that HB 1206 be deferred to Thursday, February 16, the 27^th legislative day.

Which motion prevailed.

HB 1027: FOR AN ACT ENTITLED, An Act to change the unemployment insurance wage base and contribution rates and to assess interest on negative employer accounts under certain circumstances.

Was read the second time.

The question being "Shall HB 1027 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1103: FOR AN ACT ENTITLED, An Act to appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

Was read the second time.

The question being "Shall HB 1103 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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.

HB 1157: FOR AN ACT ENTITLED, An Act to extend opportunity scholarship eligibility to South Dakota students who attend college or technical school out-of-state and then return to South Dakota to attend school.

Was read the second time.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Koskan

Excused:
Smidt

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.

President Pro Tempore Schoenbeck now presiding.

HB 1162: FOR AN ACT ENTITLED, An Act to provide for restitution to the state for expenses incurred in investigating false claims related to pesticide use.

Was read the second time.

1162tb

Sen. Moore moved that HB 1162 be further amended as follows:

On page 1, line 6 of the House Agriculture and Natural Resources Committee engrossed bill, delete " an allegedly " and insert "a".

Which motion prevailed.

The question being "Shall HB 1162 pass as amended?"

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Adelstein; Apa; Duenwald; Earley; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Lintz; McNenny; Moore; Napoli; Sutton (Duane)

Nays:
Abdallah; Bartling; Bogue; Broderick; Dempster; Duniphan; Gant; Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Excused:
Smidt

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

HB 1165: FOR AN ACT ENTITLED, An Act to establish a workers compensation small claims procedure.

Was read the second time.

The question being "Shall HB 1165 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1188: FOR AN ACT ENTITLED, An Act to revise certain insurance liquidity provisions for private placement policies.

Was read the second time.

The question being "Shall HB 1188 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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.

COMMEMORATIONS

SC 7 Introduced by: Senators Greenfield, Abdallah, Adelstein, Apa, Bartling, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Murschel, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, and Willadsen

A LEGISLATIVE COMMEMORATION, Honoring the South Dakota Health Care Association on the occasion of its fifty-fifth anniversary.

WHEREAS, the South Dakota Health Care Association remains committed to supporting long-term care providers in providing the finest care possible for South Dakota's elderly and disabled residents; and

WHEREAS, South Dakotans must always remember that there are many citizens who are in or are entering the most vulnerable period of their lives. These men, women, and children of different ages and disabilities, need long-term care services to continue to be able to live the most meaningful lives possible; and

WHEREAS, the South Dakota Health Care Association, in observance of its fifty-fifth anniversary, continues the important tradition of educating individuals, families, and community leaders of the importance of talking about and planning for long-term care services so that we can better help South Dakota's elderly and persons with disabilities live productive and active lives; and

WHEREAS, this year's South Dakota Health Care Association's Board of Directors are President Daryl Reinicke, Rapid City; President-Elect Loren Diekman, Watertown; Secretary Pam Wells, Lake Andes; Treasurer Jeff Gengler, Rapid City; Nonprofit Representative Judy Headley, Menno; For Profit Representative LaVonne Furman, Britton; Nonprofit Multi-Facility Representative Justin Hinker, Lennox; For Profit Multi-Facility Representative Marty Davis, Rapid City; Assisted Living & Senior Living Representative Celeste Heber, Watertown; and Immediate Past-President David Simpson, Rapid City:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Legislature congratulates the South Dakota Health Care Association on fifty-five years of service on behalf of South Dakota's elderly and disabled citizens.

SC 8 Introduced by: Senators Kloucek, Bartling, Gant, Greenfield, Hanson (Gary), Kooistra, Moore, Nesselhuf, and Olson (Ed) and Representatives Putnam, Boomgarden, Elliott, Faehn, Garnos, Gassman, Gillespie, Glover, Haley, Hargens, Hunhoff, Jerke, Kroger, Lange, Michels, Miles, Pederson (Gordon), Roberts, Schafer, Sigdestad, Street, Thompson, and Valandra

A LEGISLATIVE COMMEMORATION, Recognizing and congratulating the Avon High School football team for winning the 2005 9-B championship.

WHEREAS, the Avon Pirates won their second consecutive football championship with a spectacular 40-14 victory over Montrose in the Class 9-B championship game, capping a perfect 12-0 season; and

WHEREAS, head coach Tom Culver and assistant coaches Mel Fathke, Tom Oster, Brad Bierema, Justin Lukkes, and Mark Mudder led the team through a brilliant season; and

WHEREAS, the players Jesse Hajek, James Tjeerdsma, Adam Oster, Marshall Cihak, Jon Vilhauer, Earv Archambeau, Kole Wynia, Jared Balvin, Ryan Hauck, Jeff Bertus, Danny Fathke, Andrew Powers, Chris Broz, Travis Balvin, Te Archambeau, Mitchell Houska, Matt Petrik, Kain Martin, Clarence Vanderlei, Derik Rolston, Will Paulson, Matt Tjeerdsma, Jon Fleek, Drew Hento, Eric Roth, Kyle Jerke, Tanner Hento, Matt Dykstra, Josh Fleek, and Justin Hornstra contributed significantly to the season; and

WHEREAS, the managers Brandon Kocmich, Riley Petrik, Caleb VanGerpen, Logan Powers, Cole Fillaus, Taylor Mudder, Ryan Jonas, and Jesse Chambers; the statisticians Jennifer Weber, Amanda DeJong, Amy Schultz, Leslie VanGerpen, Hilary VanGerpen, Hayley Hento, Kela Cihak, and Blair DeJong; and the cheerleaders Darla Brandt, Sara Hurd, Kristina Thompson, Lauren VanGerpen, Natalie Schultz, and Janel Tolsma provided valuable service and support to the team and fans:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Avon High School football team be congratulated and commended for their commitment to hard work and their dedication to athletic excellence, leading them to win the 2005 9-B state title.

SIGNING OF BILLS

The President publicly read the title to

SB 2: FOR AN ACT ENTITLED, An Act to appropriate money for the creation of a circuit court judgeship in the second judicial circuit.

SB 11: FOR AN ACT ENTITLED, An Act to provide for the use of electronic ballot marking systems and for the appointment of precinct assistants and to declare an emergency.

SB 12: FOR AN ACT ENTITLED, An Act to prescribe the form of certain ballots used in local elections.

SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning trademark registration.

SB 56: FOR AN ACT ENTITLED, An Act to authorize the railroad authority to acquire certain railroad facilities and to declare an emergency.

SB 91: FOR AN ACT ENTITLED, An Act to remove the requirement of providing social security numbers in certain probate matters.

SB 95: FOR AN ACT ENTITLED, An Act to clarify that certain statutory interim committees may introduce legislation on their own motion.

SB 107: FOR AN ACT ENTITLED, An Act to revise the definition of manufacturer as it relates to the ownership of certain motor vehicle dealerships and to declare an emergency.

SB 109: FOR AN ACT ENTITLED, An Act to provide for statewide mutual aid requests among certain public agencies.

SB 182: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the organization decals that may be displayed on a motor vehicle license plate.

SB 185: FOR AN ACT ENTITLED, An Act to require inspections of certain facilities by the Department of Health.

HB 1134: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding the justifiable use of force.

HB 1178: FOR AN ACT ENTITLED, An Act to provide for the establishment of certain honorary trusts and of certain trusts for animals.

HB 1205: FOR AN ACT ENTITLED, An Act to provide for an exemption to the records search fee for attorneys of record.

And signed the same in the presence of the Senate.

Sen. Earley moved that the Senate do now adjourn, which motion prevailed and at 3:11 p.m. the Senate adjourned.

Patricia Adam, Secretary