Senate Journal 2/9/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 9, 2010

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

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate pages Cheyann Kessler and Bradley Cihak.

Roll Call: All members present except Sen. Schmidt 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 sixteenth 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,

Which motion prevailed.

The oath of office was administered by the President to the following named persons:

Pages _ Bradley Cihak, Layne Duvall, Aisling Gould, Laci Hale, Cheyann Kessler, Cory Kleinsasser, Tiffany Newman, Reagan Nielsen, Abigail Olfert, Samantha Olsen, Daniel Vellek, Leah Wienbar

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 9, 2010

Mr. President and Members of the Senate:

I have the honor to inform you that on February 8, 2010, I approved Senate Bill 25, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 20, of the House engrossed bill, delete "~~civil damages~~ court-imposed, criminal fines" and insert "civil damages".

On page 2, line 21, delete "~~civil damages~~ court-imposed, criminal fines are not more than" and insert "civil damages are".

On page 2, line 23, delete "not more than".

On page 2, line 24, delete "not more than".

On page 3, line 1, delete "not more than".

On page 3, line 2, delete "~~not more than~~ two hundred dollars for each paddlefish; not more than" and insert "two hundred dollars for each paddlefish;".

On page 3, line 3, delete "not more than".

On page 3, line 6, delete "~~damages~~ fines" and insert "damages".

On page 3, after line 16, insert:

"Section 4. That § 41-1-5.2 be amended to read as follows:

41-1-5.2. The liquidated damages provided for in this chapter and taxable costs may be collected by the Department of Game, Fish and Parks in a civil suit brought by it, in the name of the State of South Dakota, against the person claimed to be liable therefor. Conviction of a criminal offense for the same incident leading to the charges specified in § 41-1-5.1 is prima facie evidence of the defendant's civil liability. Failure to obtain conviction on a criminal charge is not a bar to a separate civil action for such liquidated damages.

The department, collecting such liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in section 1 of this Act, shall deposit them in the Department of Game, Fish and Parks fund. Any other public agency or department of the state, collecting liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined by section 1 of this Act, shall remit the moneys collected, less the agreed collection fee, to the state treasurer who shall deposit them in the Department of Game, Fish and Parks fund.

From the civil damages collected for each trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in section 1 of this Act, an amount equal to the liquidated damages for a nontrophy antelope, nontrophy mule deer, nontrophy white-tailed deer, or nontrophy elk as defined in section 2 of this Act, as the case may be, shall be deposited in the Game, Fish and Parks fund with the excess to be deposited in the general fund of the school district in which the trophy animal was illegally taken.

The judgment and liquidated damages may be collected by an agent. Fees to agents authorized to collect on a judgment under this section may not exceed fifty percent of the total amount collected. With approval of the department, agreed collection fees may be deducted from the moneys collected when remitted or may be paid on warrants drawn by the state auditor on itemized vouchers approved by the secretary of game, fish and parks and submitted simultaneously with the moneys collected. "

On page 1, line 2, of the House engrossed bill, delete "court-imposed, criminal fines" and insert "civil damages".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 127 and 151 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 3, of the printed bill, after "damage" insert "disclosure notation pursuant to § 32-3-51.8".

On page 2, line 6, delete "with damage".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 90 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, delete everything after "brought" and insert "~~within ninety days of the alleged violation~~ not later than ninety days after the discovery of the alleged

violation, but in no case may the complaint be brought more than one year after the date of the alleged violation. Any".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 21, of the printed bill, after "all" delete "revenue" and insert "continuing receipts".

On page 3, after line 24, insert:

"(2F) "Adjusted state general fund increase," equals the projected state general fund increase for school fiscal years 2012 and 2013. Beginning with school fiscal year 2014, it equals the difference between the calculation in (a) and the calculation in (b) as follows:

(a) Calculate the percentage change in the projected state general fund revenue for the year of adjustment compared to the actual state general fund revenue for the fiscal year five years prior to the year of adjustment. However, if the year of adjustment is school fiscal year 2014 or 2015, the percentage change comparison is between the year of adjustment and school fiscal year 2011;

(b) Calculate the percentage change in the per student allocation for the fiscal year prior to the year of adjustment compared to the per student allocation for the fiscal year five years prior to the year of adjustment. However, if the year of adjustment is school fiscal year 2014 or 2015, the percentage change comparison is between the year prior to the year of adjustment and school fiscal year 2011;".

On page 4, line 1, delete "projected" and insert "adjusted".

On page 6, line 7, after "source." insert "General fund revenue shall be further classified as either continuing receipts or one-time receipts."

On page 6, delete lines 17 to 20, inclusive.

On page 6, line 21, delete everything after "equal to the" and insert "index factor calculated pursuant to section 1 of this Act;".

On page 6, delete lines 22 to 24, inclusive, and insert:

"the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;".

On page 7, delete lines 1 to 4, inclusive.

On page 7, line 5, delete everything after " "General fund adjustment,"" and insert "is equal to the general fund adjustment calculated pursuant to section 1 of this Act;".

On page 7, delete lines 6 to 10, inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 12 to 15, inclusive, and insert:

"The determination of the small school adjustment for a school district may not include any students residing in a residential treatment facility operated by the school district;".

On page 1, line 2, of the printed bill, delete "calculation" and insert "determination".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SJR 7 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that HCR 1007 be deferred to Tuesday, February 16, the 21^st legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 27 as found on page 244 of the Senate Journal be adopted.

Which motion prevailed.

The Senate proceeded to the consideration of the executive reappointment of Kay Jorgensen of Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

The question being “Does the Senate advise and consent to the executive reappointment of Kay Jorgensen pursuant to the executive message as found on page 85 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Gillespie; Schmidt

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

The Senate proceeded to the consideration of the executive reappointment of Rick Knobe of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

The question being “Does the Senate advise and consent to the executive reappointment of Rick Knobe pursuant to the executive message as found on page 86 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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

The Senate proceeded to the consideration of the executive reappointment of Larry Miller of Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

The question being “Does the Senate advise and consent to the executive reappointment of Larry Miller pursuant to the executive message as found on page 84 of the Senate Journal?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Abdallah; Gillespie; Peterson; Schmidt

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

The Senate proceeded to the consideration of the executive reappointment of Mark Shlanta of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

The question being “Does the Senate advise and consent to the executive reappointment of Mark Shlanta pursuant to the executive message as found on page 85 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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

The Senate proceeded to the consideration of the executive reappointment of Glenda Woodburn of Hughes County, Pierre, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

The question being “Does the Senate advise and consent to the executive reappointment of Glenda Woodburn pursuant to the executive message as found on page 84 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Gillespie; Howie; Schmidt

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Knudson requested that SB 42 and HB1031 be removed from the Consent Calendar.

SB 83: FOR AN ACT ENTITLED, An Act to provide for the self-administration of prescription asthma and anaphylaxis medication by students.

Was read the second time.

The question being “Shall SB 83 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 14: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

Was read the second time.

The question being “Shall SB 14 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 45: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system in Codington County.

Was read the second time.

The question being “Shall SB 45 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the siting of energy facilities by the Public Utilities Commission.

Was read the second time.

The question being “Shall SB 60 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 85: FOR AN ACT ENTITLED, An Act to revise the continuing education requirements for certain veterinarians.

Was read the second time.

The question being “Shall SB 85 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 114: FOR AN ACT ENTITLED, An Act to authorize municipalities to include flexible spending accounts, flexible spending account debit cards, and related programs and procedures with employee health insurance benefits.

Was read the second time.

The question being “Shall SB 114 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 54: FOR AN ACT ENTITLED, An Act to revise certain procedures for the commencement of civil actions by inmates.

Was read the second time.

The question being “Shall SB 54 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 57: FOR AN ACT ENTITLED, An Act to revise the time frames for issuing a decision in certain electric service area disputes and adequacy of service complaints.

Was read the second time.

The question being “Shall SB 57 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Schmidt

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 62: FOR AN ACT ENTITLED, An Act to revise the notice requirements for closure of a highway and to provide a civil penalty for failure to comply with a closure.

Was read the second time.

The question being “Shall SB 62 pass?”

And the roll being called:

Yeas 29, Nays 4, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Nays:
Heidepriem; Hundstad; Kloucek; Nesselhuf

Excused:
Gillespie; Schmidt

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 72: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the testing of applicants for a driver license.

Was read the second time.

The question being “Shall SB 72 pass?”

And the roll being called:

Yeas 3, Nays 30, Excused 2, Absent 0

Yeas:
Howie; Kloucek; Maher

Nays:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Gillespie; Schmidt

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

SB 75: FOR AN ACT ENTITLED, An Act to define certain terms for livestock identification purposes.

Was read the second time.

Sen. Rhoden moved that SB 75 be laid on the table.

The question being “Shall SB 75 be laid on the table?”

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Nays:
Bradford; Kloucek

Excused:
Gillespie; Schmidt

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

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the reimbursement of referring counties for certain mental health services.

Was read the second time.

The question being “Shall SB 92 pass?”

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Garnos; Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Tieszen; Turbak Berry; Vehle

Nays:
Bradford; Gant; Gray; Hansen (Tom); Kloucek; Maher; Peterson; Rhoden

Excused:
Gillespie; Schmidt

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 100: FOR AN ACT ENTITLED, An Act to continue the motorcycle safety education fee.

Was read the second time.

The question being “Shall SB 100 pass?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Peterson

Excused:
Gillespie; Schmidt

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 121: FOR AN ACT ENTITLED, An Act to require the Department of Education to establish certain programs for children who are deaf and hard-of-hearing.

Was read the second time.

The question being “Shall SB 121 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Schmidt

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 157: FOR AN ACT ENTITLED, An Act to authorize the construction of nursing facilities on American Indian reservations under certain circumstances.

Was read the second time.

The question being “Shall SB 157 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Nelson; Schmidt

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 122: FOR AN ACT ENTITLED, An Act to repeal certain procedures required when actual state revenues fall below legislatively adopted estimates.

Was read the second time.

The question being “Shall SB 122 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Dempster; Schmidt

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 139: FOR AN ACT ENTITLED, An Act to revise the membership of the State Building Committee created during the planning stages of certain state facilities.

Was read the second time.

The question being “Shall SB 139 pass as amended?”

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Turbak Berry; Vehle

Nays:
Gray; Jerstad; Merchant; Peterson

Excused:
Schmidt

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 1021: FOR AN ACT ENTITLED, An Act to authorize the deposit of federal special education funds into the capital outlay fund for the purchase of equipment for the purpose of special education and to declare an emergency.

Was read the second time.

The question being “Shall HB 1021 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Schmidt

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.

SC 9 Introduced by: Senator Bartling and Representatives Vanneman and Lucas

A LEGISLATIVE COMMEMORATION, Honoring Peggy Glover, a member of the Burke School District Board of Education, on her selection as the Associated School Boards of South Dakota Outstanding School Board Member for 2009.

WHEREAS, Peggy Glover has served her community and the students of the Burke School District for more than twenty years on the Board of Education; and

WHEREAS, Peggy Glover has earned the respect of her peers and colleagues as a dedicated and visionary education leader, which is evidenced by her election as board president for eleven years; and

WHEREAS, Peggy Glover, duly serving as a high school English and math teacher in Gregory, has devoted her life to instilling and upholding the value of public education; and

WHEREAS, Peggy Glover demonstrates school board leadership by committing to student achievement, establishing priorities, investing in professional development, inspiring staff, advocating for adequate resources, and communicating openly with the public:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Peggy Glover be commended on her selection as the Associated School Boards of South Dakota Outstanding School Board Member for 2009 and be encouraged to continue in her efforts to seek improvement of the educational opportunities for the K-12 students of the state.

SIGNING OF BILLS

The President publicly read the title to

HB 1013: FOR AN ACT ENTITLED, An Act to authorize the Department of Environment and Natural Resources to accept certain documents submitted with electronic signatures.

HB 1024: FOR AN ACT ENTITLED, An Act to repeal the requirement for school districts to have certain teaching certificates on file.

And signed the same in the presence of the Senate.

Sen. Howie moved that the Senate do now adjourn, which motion prevailed and at 3:48 p.m. the Senate adjourned.

Trudy Evenstad, Secretary