Senate Journal 2/22/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 22, 2010

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

The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by Senate pages Alexandra Alspach and Jesse Willard.

Roll Call: All members present.

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-fourth 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 _ Alexandra Alspach, Paxton Bachand, Sean Bogue, Zachary Bunn, Zoe Cope, Kelcy Curtis, Jocilyn Hansen, Aaron Schanzenbach, Abbie Schuring, Megan Simon, Elizabeth Volzke, Ann Wilken, Jesse Willard

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1027, 1048, 1051, 1052, and 1056 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1179 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 1202 which was tabled.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 161 and 187 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 104 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

If a meeting is required to be open to the public pursuant to § 1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall be posted on the governing body's website at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the governing body does not have a website, the printed material shall be available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. In either case, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the printed material. However, the provisions of this section do not apply to any printed material or record that is specifically exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the agenda item of an executive or closed meeting held in accordance with § 1-25-2. A violation of this section is a Class 2 misdemeanor.

Section 2. That § 1-25-1 be amended to read as follows:

1-25-1. Except as otherwise provided by law, the official meetings of the state and the political subdivisions thereof, including all related boards, commissions and other agencies, and the official meetings of boards, commissions and agencies created by statute or which are nontaxpaying and derive a source of revenue directly from public funds, shall be open to the public, except as provided in this chapter. It does not constitute an official meeting if members of a political subdivision of this state are attending a meeting of the state or one of its political subdivisions, a board, a commission, an association, an agency, or any other public entity for which public notice is provided pursuant to § 1-25-1.1 for the purpose of providing information or observing, and the notice requirements in § 1-25-1.1 do not apply. Meetings, including executive or closed meetings may be conducted by teleconference. Members shall be deemed present if they answer present to the roll call taken by teleconference. Any vote at a meeting held by teleconference shall be taken by roll call. Except for executive or closed meetings held by teleconference, there shall be provided one or more places at which the public may listen to and participate in the proceeding. Except for executive or closed meetings held by teleconference of related boards and commissions of the state, there shall be provided two or more places at which the public may listen to and participate in the proceeding. Except for the Digital Dakota Network, no teleconference may be used in conducting hearings or taking final disposition pursuant to § 1-26-4. Teleconference meetings are subject to the notice provisions of chapter 1-25. The official meetings of the state, its political subdivisions, and public bodies are open to the public unless a specific law is cited by the state, the political subdivision, or the public body to close the official meeting to the public. A political subdivision or public body includes any association, authority, board, commission, committee, council, task force, school district,

county, city, town, township, or other agency of the state, which is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law.

It is not an official meeting of one political subdivision or public body if its members provide information or attend the official meeting of another political subdivision or public body for which the notice requirements of § 1-25-1.1 have been met.

Any official meeting may be conducted by teleconference as defined in § 1-25-1.2. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference shall be taken by roll call.

If the state, a political subdivision, or a public body conducts an official meeting by teleconference, the state, the political subdivision, or public body shall provide one or more places at which the public may listen to and participate in the teleconference meeting. The requirement to provide one or more places for the public to listen to the teleconference does not apply to an executive or closed meeting.

A violation of this section is a Class 2 misdemeanor.

Section 3. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

The unapproved, draft minutes of any public meeting held pursuant to § 1-25-1 that are required to be kept by law shall be available for inspection by any person within ten business days after the meeting. However, this section does not apply if an audio or video recording of the meeting is available to the public on the governing body's website within five business days after the meeting. A violation of this section is a Class 2 misdemeanor.

Section 4. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

Any final recommendations, findings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group appointed by a governing body that meets the definition of a political subdivision or public body pursuant to § 1-25-1 shall be reported in open meeting to the governing body which appointed the committee, subcommittee, task force, or other working group, and the governing body shall delay taking any official action on the recommendations, findings, or reports until the next meeting of the governing body.".

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 SB 195 and returns the same with the recommendation that said bill be amended as follows:

On the pending amendment (195fd), delete sections 1 and 2.

On the pending amendment (195fd), in Section 10, delete the last sentence.

On the pending amendment (195fd), in Section 11, delete the last sentence.

On the pending amendment (195fd), in Section 14, delete "6" and insert "4".

On the pending amendment (195fd), in Section 16, delete "6" and insert "4".

On the pending amendment (195fd), in Section 18, delete "6" and insert "4".

On the pending amendment (195fd), in Section 20, delete "11" and insert "9".

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

"Section 1. That § 10-45B-1.1 be amended to read as follows:

10-45B-1.1. For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

(1) Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

(2) Used predominantly for residential housing or transient lodging;

(3) Used predominantly to provide health care services; or

(4) That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts; or

(5) That is a pipeline, railroad, power transmission line, or other linear conveyance or transmission facility.

Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of chapter 10-45B or this Act, no refund may be paid under this chapter based on project costs paid after July 1, 2010, for any project that is a pipeline, railroad, power transmission line, or other linear conveyance or transmission facility.

Section 3. That § 10-45B-2 be amended to read as follows:

10-45B-2. ~~Any person~~ As provided in this chapter, any person holding a permit issued pursuant to § 10-45B-6 may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A for the construction of a new agricultural processing facility and for sales or use taxes imposed and paid by such person under the provisions of chapters 10-45 and 10-46 for the purchase or use of agricultural processing equipment.

Section 4. That § 10-45B-4 be repealed.

10-45B-4. The refund of taxes for a new agricultural processing facility pertains only to project costs incurred and paid after April 1, 1997, and within thirty-six months of the construction date as stated on the application required by § 10-45B-6. No refund may be made unless:

(1) The project cost exceeds the sum of four million five hundred thousand dollars; and

~~(2) The person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.~~

Section 5. That § 10-45B-4.1 be repealed.

10-45B-4.1. The refund of taxes pursuant to § 10-45B-2.1 pertains only to project costs incurred and paid after February 1, 2005, up to and including thirty-six months from the construction date if the project costs are sixty million dollars or less and after February 1, 2005, up to and including seventy-two months from the construction date if the project costs are more than sixty million dollars. There is no refund if the person applying for the refund does not obtain a permit from the secretary as set forth in § 10-45B-6.

~~Upon a showing of good cause, the time limits prescribed by this section may be extended by the secretary for a period not to exceed twenty-four months.~~

Section 6. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The refund of taxes pursuant to §§ 10-45B-2 and 10-45B-2.1 pertains only to project costs incurred and paid after January 1, 2008, up to and including thirty-six months from the construction date. No refund may be paid unless the person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.

Section 7. That § 10-45B-5 be repealed.

10-45B-5. If the project cost for a new agricultural processing facility exceeds four million five hundred thousand dollars, the refund shall be one hundred percent of the taxes attributed to the project cost.

Section 8. That § 10-45B-5.1 be repealed.

~~10-45B-5.1. The amount of the tax refund for a new business facility shall be a percentage of the taxes paid, as follows:~~

(1) For project costs of less than ten million dollars, there shall be no refund;

(2) For project costs of ten or more million dollars but less than fifteen million dollars there shall be a refund of twenty-five percent of the taxes paid;

(3) For project costs of fifteen or more million dollars but less than twenty million dollars there shall be a refund of thirty-three percent of the taxes paid;

(4) For project costs of twenty or more million dollars but less than forty million dollars there shall be a refund of fifty percent of the taxes paid;

(5) For project costs of forty or more million dollars but less than sixty million dollars there shall be a refund of sixty-seven percent of the taxes paid;

(6) For project costs of sixty million dollars or more but less than six hundred million dollars there shall be a refund of seventy-five percent of the taxes paid; and

~~(7) For project costs of six hundred million dollars and greater there shall be a refund of ninety percent of the taxes paid.~~

Section 9. That § 10-45B-6.1 be repealed.

~~10-45B-6.1. Any person issued a permit pursuant to this chapter prior to March 31, 1997, may continue to submit claims for the project.~~

Section 10. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of chapter 10-45B or this Act, this section controls the amount of refunds payable under chapter 10-45B for any new agricultural processing facility or new business facility that has a construction date before July 1, 2010:

(1) For project costs incurred and paid before July 1, 2010, the amount of the refund shall be determined by applying the provisions of chapter 10-45B in effect prior to the effective date of this Act;

(2) For project costs incurred before July 1, 2011, and paid from July 1, 2010, to June 30, 2011, inclusive, the amount of the refund shall be as follows:

(a) For project costs of less than ten million dollars, there shall be no refund;

(b) For project costs of ten or more million dollars but less than forty million dollars, there shall be a refund of forty percent of the taxes paid;

(c) For project costs of forty or more million dollars but less than five hundred million dollars, there shall be a refund of fifty percent of the taxes paid; and

(d) For project costs of five hundred million or more dollars, there shall be no refund;

When applying subdivision (2) of this section, all the project costs described in subdivision (1) of this section shall be utilized to determine which refund subsection or subsections apply in subdivision (2) of this section;

(3) For project costs incurred before July 1, 2012, and paid from July 1, 2011, to June 30, 2012, inclusive, the amount of the refund shall be as follows:

(a) For project costs of less than ten million dollars, there shall be no refund;

(b) For project costs of ten or more million dollars but less than forty million dollars, there shall be a refund of forty percent of the taxes paid;

(c) For project costs of forty or more million dollars but less than five hundred million dollars, there shall be a refund of twenty-five percent of the taxes paid; and

(d) For project costs of five hundred million or more dollars, there shall be no refund;

When applying subdivision (3) of this section, all the project costs described in subdivisions (1) and (2) of this section shall be utilized to determine which refund subsection or subsections apply in subdivision (3) of this section; and

(4) For project costs incurred before July 1, 2012, and paid after July 1, 2012, or for project costs incurred and paid after June 30, 2012, the amount of the refund shall be as follows:

(a) For project costs of less than ten million dollars, there shall be no refund;

(b) For project costs of ten or more million dollars but less than forty million dollars, there shall be a refund of forty percent of the taxes paid; and

When applying subdivision (4) of this section, all the project costs described in subdivisions (1), (2), and (3) of this section shall be utilized to determine which refund subsection or subsections apply in subdivision (4) of this section.

Subdivisions (2), (3), and (4) of this section do not apply to any project that is a pipeline, railroad, power transmission line, or other linear conveyance or transmission facility.

Section 11. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

(1) For project costs incurred and paid before July 1, 2011, the amount of the refund shall be as follows:

(a) For project costs of less than ten million dollars, there shall be no refund;

(b) For project costs of ten or more million dollars but less than forty million dollars, there shall be a refund of forty percent of the taxes paid;

(c) For project costs of forty or more million dollars but less than five hundred million dollars, there shall be a refund of fifty percent of the taxes paid; and

(d) For project costs of five hundred million or more dollars, there shall be no refund;

(2) For project costs incurred before July 1, 2012, and paid from July 1, 2011, to June 30, 2012, inclusive, the amount of the refund shall be as follows:

(a) For project costs of less than ten million dollars, there shall be no refund;

(b) For project costs of ten or more million dollars but less than forty million dollars, there shall be a refund of forty percent of the taxes paid;

(c) For project costs of forty or more million dollars but less than five hundred million dollars, there shall be a refund of twenty-five percent of the taxes paid; and

(d) For project costs of five hundred million or more dollars, there shall be no refund;

(3) For project costs incurred before July 1, 2012, and paid after July 1, 2012, or for project costs incurred and paid after June 30, 2012, the amount of the refund shall be as follows:

(a) For project costs of less than ten million dollars, there shall be no refund;

(b) For project costs of ten or more million dollars but less than forty million dollars, there shall be a refund of forty percent of the taxes paid;

This section does not apply to any project that is a pipeline, railroad, power transmission line, or other linear conveyance or transmission facility.

Section 12. That § 10-45B-8 be amended to read as follows:

10-45B-8. Any person issued a permit pursuant to this chapter shall submit a claim for refund to the department no more frequently than on or before the last day of each month and no less frequently than on or before the last day of each month following each calendar quarter. The secretary shall determine and pay the amount of the tax refund within ninety days of receipt of the claim for refund. Ninety-five percent of the amount of refund shall be paid to the claimant in accordance with §§ 10-59-22 and 10-59-23, and five percent shall be withheld by the department. No interest may be paid on the refund amount. ~~If electronic funds transfer is available to the secretary, the secretary shall pay the refund by electronic funds transfer if requested by the claimant.~~ The secretary shall pay the refund by electronic funds transfer.

Section 13. That § 10-45B-8.1 be repealed.

~~10-45B-8.1. No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received after the following applicable time period:~~

(1) Twelve months after the thirty-six month time period of § 10-45B-4;

(2) Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with project costs of sixty million dollars or less;

(3) Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with project costs of more than sixty million dollars; or

(4) Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.
Moreover, any such claim is barred from any future refund eligibility.

Section 14. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received twelve months after the thirty-six month time period of section 6 of this Act. Moreover, any such claim is barred from any future refund eligibility.

Section 15. That § 10-45B-8.2 be repealed.

10-45B-8.2. No document or record in support of any claim for refund may be considered by the department if the documents or records in support of any claim for refund are received after the following applicable time period:

(1) Twelve months after the thirty-six month time period of § 10-45B-4;

(2) Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with project costs of sixty million dollars or less;

(3) Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with project costs of more than sixty million dollars; or

(4) Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.
Moreover, any such document or record is barred from any future consideration.

However, if the department requests any additional document or record from the project owner after a review of the claim for refund, and the request is made after the applicable time period provided by this section has expired, the project owner has sixty days to provide the requested document or record. No document or record received after this sixty-day period may be considered by the department. Moreover, any such document or record is barred from any future consideration.

Section 16. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

No document or record in support of any claim for refund may be considered by the department if the document or record in support of any claim for refund is received twelve months after the thirty-six month time period of section 6 of this Act. Moreover, any such document or record is barred from any future consideration.

Section 17. That § 10-45B-8.3 be repealed.

~~10-45B-8.3. The provisions of §§ 10-45B-8.1 and 10-45B-8.2 apply to refunds for projects only if the permit was applied for after June 30, 2009.~~

Section 18. That § 10-45B-9 be amended to read as follows:

10-45B-9. The amounts withheld by the department in accordance with § 10-45B-8 shall be retained until the project has been completed and the claimant has met all the conditions of ~~§ 10-45B-4 or 10-45B-4.1~~ section 6 of this Act, at which time all sums retained shall be paid to claimant.

Section 19. That chapter 10-46C be repealed.

Section 20. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The department shall transfer to the revolving economic development and initiative fund established by § 1-16G-3 an amount equal to ten percent per fiscal year of the sales, use, and contractors' excise taxes paid on projects receiving a refund under section 11 of this Act. The total amount transferred pursuant to this section per fiscal year may not exceed ten million dollars."

On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise the refunds for new or expanded agricultural facilities and new or expanded business facilities, to repeal the contractors' excise tax on new or expanded power production facilities, and to make certain transfers to the revolving economic development and initiative fund."

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 SB 123 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 14, 17, and 83 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1131 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 14, 17, and 83 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rhoden moved that SB 75 be removed from the table and that SB 75 be immediately considered.

Which motion prevailed.

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

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

Sen. Maher moved that SB 75 be amended as follows:

On the Senate Agriculture and Natural Resources Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. That § 20-9-12 be amended to read as follows:

20-9-12. Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:

(1) "Charge," the admission price or fee asked in return for invitation or permission to enter or go upon the land. Any nonmonetary gift to an owner that is less than one hundred dollars in value may not be construed to be a charge;

(2) "Land," land, trails, water, watercourses, private ways and agricultural structures, and machinery or equipment if attached to the realty;

(3) "Outdoor recreational purpose," includes, but is not limited to, any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off-road driving, nature study, water skiing, winter sports, snowmobiling, viewing, or enjoying historical, archaeological, scenic, or scientific sites;

(4) "Agritourism activity," any activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or participate in agriculture activities, including pumpkin picking patches, corn mazes, U-Pick operations, petting and feeding zoos, hay rides, cut-your-own Christmas tree farms, dude ranches, demonstration farms, agricultural museums, living history farms, farmers' markets, winery tours and wine tasting, rural bed and breakfasts, or garden tours;

(5) "Owner," the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.

Section 2. That § 20-9-13 be amended to read as follows:

20-9-13. Except as provided in § 20-9-16, an owner of land owes no duty of care to keep the land safe for entry or use by others for outdoor recreational purposes or agritourism activities, or to give any warning of a dangerous condition, use, structure, or activity on ~~his~~ the owner's land to persons entering for outdoor recreational purposes.

Section 3. That § 20-9-14 be amended to read as follows:

20-9-14. Except as provided in § 20-9-16, an owner of land who either directly or indirectly invites or permits with or without charge any person to use ~~his~~ the owner's property for outdoor recreational purposes or agritourism activities, including any person who is on the property pursuant to § 41-9-8, does not thereby:

(1) Extend any assurance that the land is safe for any purpose;

(2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) Assume responsibility for, or incur liability for, any injury to persons or property caused by an act of omission of the owner as to maintenance of the land.

Section 4. That § 20-9-15 be amended to read as follows:

20-9-15. Unless otherwise agreed in writing, the provisions of §§ 20-9-13 and 20-9-14 apply to the duties and liability of an owner of land leased to the state or any political subdivision ~~thereof~~ of the state for outdoor recreational purposes or agritourism activities.

Section 5. That § 20-9-16 be amended to read as follows:

20-9-16. Nothing in §§ 20-9-12 to 20-9-18, inclusive, limits in any way any liability which otherwise exists:

(1) For gross negligence or willful or wanton misconduct of the owner;

(2) For injury suffered in any case where the owner of land charges any person who enters or goes on the land for the outdoor recreational use ~~thereof~~ of the land or for agritourism activity, except that in the case of land leased to the state or a political subdivision ~~thereof~~ of the state, any consideration received by the owner for ~~such~~ the lease may not be deemed a charge within the meaning of this section nor may any incentive payment paid to the owner by the state or federal government to promote public access for outdoor recreational purposes or agritourism activities be considered a charge; or

(3) For injury suffered in any case where the owner has violated a county or municipal ordinance or state law which violation is a proximate cause of the injury.

Section 6. That § 20-9-17 be amended to read as follows:

20-9-17. Sections 20-9-12 to 20-9-18, inclusive, may not be construed to create a duty of care or ground of liability for injury to persons or property, or relieve any person using the land of another for outdoor recreational purposes or agritourism activities from any obligation which he the person may have in the absence of §§ 20-9-12 to 20-9-18, inclusive, to exercise care in

his or her use of ~~such~~ the land and in his or her activities ~~thereon~~ on the land, or from the legal consequences of failure to employ such care. "

Sen. Knudson moved that SB 75 with pending amendment 75td be deferred to Tuesday, February 23^rd, the 26^th legislative day.

Which motion prevailed.

Sen. Kloucek moved that the Committee on State Affairs be instructed to deliver SB 135 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was not supported.

Sen. Adelstein moved that the Committee on Appropriations be instructed to deliver SB 193 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported.

Sen. Knudson moved that HCR 1009 be deferred to Wednesday, February 24, the 27^th legislative day.

Which motion prevailed.

SCR 2: A CONCURRENT RESOLUTION, Strongly supporting influenza vaccination for health care workers who have direct patient contact.

Was read the second time.

Sen. Hunhoff (Jean) moved that SCR 2 as found on page 386 of the Senate Journal be adopted.

The question being on Sen. Hunhoff (Jean)'s motion that SCR 2 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, 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; Schmidt; Tieszen; Turbak Berry; Vehle

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. Knudson moved that the reports of the Standing Committees on

State Affairs on SB 102 as found on page 385 of the Senate Journal; also

Transportation on SB 147 as found on page 384 of the Senate Journal; also

State Affairs on SB 186 as found on page 386 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning intoxicated or incapacitated persons who may be taken into protective custody.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed SB 166 from the Consent Calendar.

SB 80: FOR AN ACT ENTITLED, An Act to clarify certain conditions of service by elected municipal officials.

Was read the second time.

The question being "Shall SB 80 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 105: FOR AN ACT ENTITLED, An Act to provide a statutory reference for the code of ethics for certified teachers and administrators.

Was read the second time.

The question being "Shall SB 105 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 136: FOR AN ACT ENTITLED, An Act to allow municipalities to maintain the same number of on-sale alcoholic beverage licenses when certain on-sale alcoholic beverage licenses are not reissued.

Was read the second time.

The question being "Shall SB 136 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 148: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the withdrawal of blood to determine alcohol content.

Was read the second time.

The question being "Shall SB 148 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 149: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the method of calculating subsequent DUI offenses.

Was read the second time.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 190: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the opt-out rights of credit card customers.

Was read the second time.

The question being "Shall SB 190 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1017: FOR AN ACT ENTITLED, An Act to provide for state adoption of the 2009 Uniform Plumbing Code.

Was read the second time.

The question being "Shall HB 1017 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1028: FOR AN ACT ENTITLED, An Act to revise certain requirements for the provisional certification of interpreters for the deaf and revise certain authority to promulgate rules concerning certified interpreters for the deaf.

Was read the second time.

The question being "Shall HB 1028 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1029: FOR AN ACT ENTITLED, An Act to authorize the Board of Social Worker Examiners to deny, suspend, or revoke applications for licensure or licenses under certain circumstances and repeal certain physical examination provisions.

Was read the second time.

The question being "Shall HB 1029 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding boat license decals and boat numbering.

Was read the second time.

The question being "Shall HB 1035 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1038: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to orders issued for examinations of certain insurers.

Was read the second time.

The question being "Shall HB 1038 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1082: FOR AN ACT ENTITLED, An Act to permit counties to require criminal background checks for persons seeking employment.

Was read the second time.

The question being "Shall HB 1082 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1090: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the county legal expense relief fund.

Was read the second time.

The question being "Shall HB 1090 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1102: FOR AN ACT ENTITLED, An Act to repeal certain provisions establishing the Wall Lake State Game Bird Refuge in Hand County.

Was read the second time.

The question being "Shall HB 1102 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1137: FOR AN ACT ENTITLED, An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions.

Was read the second time.

The question being "Shall HB 1137 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1151: FOR AN ACT ENTITLED, An Act to authorize funeral establishments to operate branch chapels.

Was read the second time.

The question being "Shall HB 1151 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1152: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for entrepreneurship education.

Was read the second time.

The question being "Shall HB 1152 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1176: FOR AN ACT ENTITLED, An Act to authorize certain licensed hunters who are quadriplegic to hunt using a designated hunter.

Was read the second time.

The question being "Shall HB 1176 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1185: FOR AN ACT ENTITLED, An Act to provide property tax benefits to the surviving spouses of certain disabled veterans.

Was read the second time.

The question being "Shall HB 1185 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Knudson moved that SJR 5, SB 177, and HB 1042 be deferred to Tuesday, February 23, the 26^th legislative day.

Which motion prevailed.

Sen. Knudson moved that SB 169 be placed to precede SB 84 on today's calendar.

Which motion prevailed.

SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exclusive benefit requirements and the range of investments available to the South Dakota Retirement System member trust fund.

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

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

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 49: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2010.

Was read the second time.

Sen. Hundstad moved that SB 49 be further amended as follows:

On page 11, line 24, of the Senate Appropriations Committee engrossed bill, delete "nine million six" and insert "thirty million dollars ($30,000,000)".

On page 12, line 1, delete everything before ", or" .

On page 12, line 2, delete "necessary" and insert "available".

Which motion lost.

The question being "Shall SB 49 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Gant; Gillespie; Heidepriem; Howie; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf

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 65: FOR AN ACT ENTITLED, An Act to revise the time frame for the design of a new motor license plate series and the issuance of a new motor license plate design series and to transfer funds from the license plate special revenue fund to the prison industries revolving fund.

Was read the second time.

The question being "Shall SB 65 pass?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Haverly; Howie; Hundstad; Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Ahlers; Hanson (Gary); Heidepriem; Jerstad; Kloucek; Merchant; Miles; Nesselhuf

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 169: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers unless and until the insured is made whole.

Was read the second time.

The question being "Shall SB 169 pass as amended?"

And the roll being called:

Yeas 17, Nays 18, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Dempster; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Merchant; Nelson; Nesselhuf; Peterson; Schmidt; Turbak Berry

Nays:
Bartling; Brown; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Maher; Miles; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Vehle

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

Sen. Turbak Berry announced her intention to reconsider the vote by which SB 169 lost.

SB 84: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to comparative negligence.

Was read the second time.

The question being "Shall SB 84 pass?"

And the roll being called:

Yeas 17, Nays 18, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Dempster; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Nelson; Nesselhuf; Peterson; Turbak Berry

Nays:
Bartling; Brown; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Miles; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

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

Sen. Turbak Berry announced her intention to reconsider the vote by which SB 84 lost.

SB 126: FOR AN ACT ENTITLED, An Act to permit flexible staffing for local government public safety answering points.

Was read the second time.

The question being "Shall SB 126 pass?"

And the roll being called:

Yeas 21, Nays 12, Excused 2, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Brown; Gant; Garnos; Gillespie; Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Maher; Merchant; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Schmidt

Nays:
Adelstein; Dempster; Fryslie; Hansen (Tom); Hunhoff (Jean); Knudson; Miles; Nelson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Abdallah; Gray

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 184: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxes imposed by water development districts and the addition and withdrawal of territory for water development districts.

Was read the second time.

Sen. Peterson moved that SB 184 be further amended as follows:

On page 2, line 22, of the Senate Taxation Committee engrossed bill, delete "resolution or".

On page 2, line 22, delete "~~and~~." and insert "and".

On page 2, delete lines 23 and 24.

On page 3, line 1, delete "The petition".

On page 3, line 5, delete "resolution or".

On page 3, line 7, delete "resolution".

On page 3, line 8, delete "or".

On page 3, line 10, delete "resolution or".

Sen. Gillespie requested a roll call vote.

Which request was supported.

The question being on Sen. Peterson's motion that SB 184 be further amended.

And the roll being called:

Yeas 17, Nays 17, Excused 1, Absent 0

Yeas:
Abdallah; Ahlers; Bartling; Bradford; Dempster; Gillespie; Hanson (Gary); Heidepriem; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry; Vehle

Nays:
Adelstein; Brown; Fryslie; Gant; Garnos; Hansen (Tom); Haverly; Howie; Hundstad; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen

Excused:
Gray

The President votes Nay.

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

The question now being "Shall SB 184 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Hanson (Gary); Heidepriem; Kloucek

Excused:
Gray

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 106: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents and the Building Authority to contract for construction of classroom facilities at the University Center in Sioux Falls to replace facilities leased from the Sioux Falls School District, and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 106 pass?"

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

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

Nays:
Hunhoff (Jean); Kloucek; Maher; Peterson

Excused:
Gray; Hundstad; Merchant

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.

Sen. Knudson moved that SB 115 and 156 be deferred to Tuesday, February 23, the 26^th legislative day.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1081: FOR AN ACT ENTITLED, An Act to revise certain court automation surcharges and to declare an emergency.

Was read the second time.

The question being "Shall HB 1081 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, 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); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Kloucek

Excused:
Gray

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 1129: FOR AN ACT ENTITLED, An Act to provide for the early reinstatement of a student expelled from school under certain circumstances.

Was read the second time.

The question being "Shall HB 1129 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Gray; Hanson (Gary); Howie

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 1010: FOR AN ACT ENTITLED, An Act to revise the requirements for the compilation and printing of the legislative manual referred to as the blue book.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 29, Nays 2, Excused 4, Absent 0

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

Nays:
Kloucek; Maher

Excused:
Abdallah; Gray; Hanson (Gary); Howie

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 1043: FOR AN ACT ENTITLED, An Act to revise the risk pool rate methodology, to revise the number of risk pool benefit plans offered, and to revise open enrollment for uninsurable children.

Was read the second time.

The question being "Shall HB 1043 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Abdallah; Gray; Howie

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 1044: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, physician assistants, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.

Was read the second time.

The question being "Shall HB 1044 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Abdallah; Gray; Howie

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 1100: FOR AN ACT ENTITLED, An Act to revise certain provisions related to airport revenue bonds.

Was read the second time.

The question being "Shall HB 1100 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Abdallah; Gray; Howie

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.

SC 17 Introduced by: Senator Hunhoff (Jean) and Representatives Hunhoff (Bernie) and Moser

A LEGISLATIVE COMMEMORATION, Congratulating and commending the 2009 Yankton High School Bucks Boys' Cross Country Team and the Yankton High School Gazelles Girls' Cross Country Team for winning the Class AA state title at their respective Class AA State Cross Country Meets.

WHEREAS, the Yankton Bucks Boys' Cross Country Team and the Yankton Gazelles Girls' Cross Country Team, coached by Dave Dannenbring, Luke Youmans, and Doug Haar, exemplified athletic excellence, superiority, and the will to win throughout the season; and

WHEREAS, the Yankton Bucks Boys' Cross Country Team members including Travis Brenner, Jeff Grossenberg, Alex Hohenthaner, Mark Wilcox, Mitch Wilcox, Mitch Yaggie,

Joshua Lundgren, Logan Smith, and Kipp Kinsley; and the Yankton Gazelles Girls' Cross Country Team members including Megan Hilson, Mariah Hofer, Lauren Storm, Ciara Andrus, Sara Watt, Jenna Grossenburg, Sara Hicks, and Whitlee Larson served as estimable models of discipline, dedication, and determination; and

WHEREAS, both teams and their coaches performed exceptionally well throughout the year, winning the aforementioned state titles:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Yankton Bucks Boys' Cross Country Team and the Yankton Gazelles Girls' Cross Country Team and their coaches be congratulated and commended on their triumphant 2009 cross country season.

SIGNING OF BILLS

The President publicly read the title to

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

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding restricted driving permits for minors.

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

HB 1096: FOR AN ACT ENTITLED, An Act to revise the penalty for an open burning violation in the Black Hills Forest Fire Protection District.

HB 1103: FOR AN ACT ENTITLED, An Act to authorize the use of golf carts in certain municipalities and improvement districts.

HB 1126: FOR AN ACT ENTITLED, An Act to require property owners of a homestead who are delinquent in paying their property taxes to notify the county treasurer when they meet certain age requirements.

HB 1166: FOR AN ACT ENTITLED, An Act to clarify the locations where the local boards of equalization may meet.

And signed the same in the presence of the Senate.

Sen. Miles moved that the Senate do now adjourn, which motion prevailed and at 5:27 p.m. the Senate adjourned.

Trudy Evenstad, Secretary