JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 2, 2010

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

    The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by Senate pages Megan Simon and Ann Wilken.

    Roll Call: All members present except Sen. Hanson (Gary) 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-ninth 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,
Bob Gray, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1181 and 1248 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1150 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1155, 1222, 1249, 1254, and 1257 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill be amended as follows:

1241ja

    On page 2, after line 19 of the printed bill, insert:

    "Section 4. That § 34-37-19 be amended to read as follows:

    34-37-19. Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-third to January second, inclusive. During any such period, the county's action is suspended if the grassland fire danger index falls below the very high category and shall again become becomes effective if the grassland fire danger index reaches the extreme category. "


1241jta

    On page 1, line 2, of the printed bill, after "discharged" insert "and to revise certain provisions regarding county regulation of fireworks".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1226 which was tabled.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1131, 1132, 1201, and 1244 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1105 and returns the same with the recommendation that said bill be amended as follows:

1105rc

    On page 2, line 9, of the House Judiciary Committee engrossed bill, delete "shall" and insert "may".

    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 1109 and returns the same with the recommendation that said bill be amended as follows:

1109jc

    On page 13, after line 20 of the House Judiciary Committee engrossed bill, insert:

    "Section 16. That § 47-1A-728 be amended to read as follows:

    47-1A-728. Unless otherwise provided in the articles of incorporation, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election at a meeting at which a quorum is present. Shareholders may cumulate their votes for directors. The right to cumulate votes for directors means that the shareholders are entitled to multiply the number of votes that they are entitled to cast by the number of directors for whom they are entitled to vote and cast the product for a single candidate or distribute the product among two or more candidates. "

1109jta

    On page 1, line 1, of the House Judiciary Committee engrossed bill, delete "of the Uniform Limited" and insert "related to business organizations".

    On page 1, line 2, delete "Liability Company Act".

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

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill be amended as follows:

1057td

    On page 1, line 6, of the House Agriculture and Natural Resources Committee engrossed bill, overstrike "occasionally".

    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 HB 1264 and returns the same with the recommendation that said bill be amended as follows:

1264tc

    On page 1, line 7, of the House Agriculture and Natural Resources Committee engrossed bill, after "law," insert "in areas designated by the Department of Game, Fish and Parks, ".

    On page 1, line 10, after "licenses" delete ",".

    On page 1, line 11, delete everything before "free".
    On page 1, line 12, after "use" insert "as provided in this section".

    On page 1, line 13, after "used" insert "in areas designated by the department".

1264td

    On page 1, line 13, of the House Agriculture and Natural Resources Committee engrossed bill, after "." insert "The five-dollar surcharge established pursuant to § 41-2-34.2 does not apply to the licenses provided for in this Act."

1264te

    On page 1, line 7, of the House Agriculture and Natural Resources Committee engrossed bill, delete everything after "any" and insert "farmer or rancher who is a resident of South Dakota and who owns and operates or leases and operates, for agricultural purposes, at least one hundred sixty acres of land".

    On page 1, delete lines 8 to 10, inclusive, and insert "may apply for and receive two antlerless deer licenses".

    On page 1, line 14, delete "resident".

    On page 2, line 1, after "." insert "Not more than two such licenses may be issued for use on any single farm or ranch."

    On page 2, line 4, delete "privately-owned".

    On page 2, line 4, delete "resident".

    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 the nomination of Susan Knippling of Buffalo County, Gann Valley, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of John L. Cooper of Hughes County, Pierre, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate not advise and consent to the confirmation of said appointment.

Respectfully submitted,
Larry Rhoden, Chair
Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 16, 24, 26, 27, 28, 29, 31, 33, 45, 46, 47, 48, 52, 63, 118, and 133 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 13 and 157 were delivered to his Excellency, the Governor, for his approval at 1:00 p.m., March 2, 2010.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 23 was lost on second reading and final passage.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 56, 60, 145, and 183 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 16, 27, 28, 29, 31, 33, 45, 46, 47, 48, 52, 63, 118, and 133 which have passed the House without change.

Also MR. PRESIDENT:

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

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 4: A CONCURRENT RESOLUTION, Opposing certain federal legislation related to equine slaughter and processing and urging the reinstatement and funding of federal inspection programs governing equine slaughter and processing facilities.

    Was read the second time.

c4ta

    Sen. Kloucek moved that SCR 4 be amended as follows:

    On page 2 of the printed resolution, delete lines 4 to 11, inclusive.

    Which motion prevailed.

    Sen. Kloucek moved that SCR 4 as found on page 486 of the Senate Journal and as amended (c4ta) be adopted.

    The question being on Sen. Kloucek's motion that SCR 4 be adopted as amended.

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; 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

    Nays:
Hansen (Tom)

    Excused:
Gray; Hanson (Gary)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted as amended.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on HB 1018 as found on page 485 of the Senate Journal; also

    State Affairs on HB 1041 as found on page 485 of the Senate Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding organization and operation of the public entity pool for liability.

    Was read the second time.

    The question being "Shall HB 1061 pass as amended?"

    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; Hansen (Tom); 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

    Excused:
Gray; Hanson (Gary)

    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

    Sen. Knudson moved that HB 1016 and 1036 be deferred to Wednesday, March 3, the 31st
legislative day.

    Which motion prevailed.

    HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of members to the Game, Fish and Parks Commission.

    Was read the second time.

    The question being "Shall HB 1055 pass as amended?"

    And the roll being called:

    Yeas 15, Nays 18, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Garnos; Haverly; Hundstad; Jerstad; Kloucek; Merchant; Rhoden; Tieszen; Turbak Berry

    Nays:
Brown; Fryslie; Gant; Gillespie; Hansen (Tom); Heidepriem; Howie; Hunhoff (Jean); Knudson; Maher; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Schmidt; Vehle

    Excused:
Gray; Hanson (Gary)

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

    HB 1095: FOR AN ACT ENTITLED, An Act to permit local industrial development corporations to conduct bingo games and lotteries under certain conditions.

    Was read the second time.

    The question being "Shall HB 1095 pass?"

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); 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; Hanson (Gary)

    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 1051: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.


    Was read the second time.

1051ca

    Sen. Knudson moved that HB 1051 be amended as follows:

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

    "Section1. That § 13-13-10.1 be amended to read as follows:

    13-13-10.1. Terms used in this chapter mean:

            (1)    "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42.1 and plus the average number of pupils for whom the district pays tuition;
            (1A)    Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;
            (2)    "Adjusted average daily membership," calculated as follows:
            (a)    For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;
            (b)    For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;
            (c)    For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;
            (2A)    "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition. When computing state aid to education for a school district under the foundation program pursuant to § 13-13-73, the secretary of the Department of Education shall use either the school district's fall enrollment or the average of the school district's fall enrollment and the school district's fall enrollment from the prior year, whichever is higher. However, if a school district qualifies to benefit from both the averaging permitted in this subdivision and the one-time payment provided in

§ 13-13-80 in the same fiscal year, the school district may not benefit from both, but only from the one that provides the most additional funding to the district;

            (2B)    "Current fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year minus the number of students for whom the district receives tuition except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;
            (2C)    "Small school adjustment," calculated as follows:
            (a)    For districts with a fall enrollment of two hundred or less, multiply 0.2 times $4,237.72;
            (b)    For districts with a fall enrollment of greater than two hundred, but less than six hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result; and multiply the sum obtained times $4,237.72;
            (2D)    "State general fund revenue," all continuing receipts deposited into the state's general fund;
            (2E)    "Projected state general fund increase," the estimated percentage change in state general fund revenue, as adopted by the standing committees on appropriations pursuant to section 2 of this Act, for the year of adjustment;
            (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;
            (3)    "Index factor," is equal to the adjusted state general fund increase subject to the following limitations:
            (a)    It cannot be greater than seven percent or less than zero percent; and
            (b)    It cannot exceed 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 four percent, whichever is greater;
            (3A)    "General fund adjustment," beginning with school fiscal year 2014, the difference between the percentage that would have been used as the index factor for the year before the year immediately preceding the year of adjustment if the projected state general fund increase had equaled the actual percentage change in state general fund

revenue for that year and the index factor that was actually used in that year to calculate the per student allocation;

            (4)    "Per student allocation," for school fiscal year 2009 2011 is $4,664.66 $4,804.60. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor plus the general fund adjustment;
            (5)    "Local need," is the sum of:
            (a)    The per student allocation multiplied by the fall enrollment; and
            (b)    The small school adjustment, if applicable, multiplied by the fall enrollment; and
            (c)    The payment distributed pursuant to § 13-13-80, if applicable;
            (6)    "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;
            (7)    "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;
            (8)    "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;
            (9)    "General fund base percentage," is the lesser of:
            (a)    The general fund balance percentage as of June 30, 2000; or
            (b)    The maximum allowable percentage for that particular fiscal year as stated in this subsection.
                For fiscal year 2008, the maximum allowable percentage is one hundred percent; for fiscal year 2009, eighty percent; for fiscal year 2010, sixty percent; for fiscal year 2011, forty percent; for fiscal year 2012 and subsequent fiscal years, twenty-five percent. However, the general fund base percentage can never be less than twenty-five percent;
            (10)    "Allowable general fund balance," the general fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;
            (11)    "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, inclusive; revenue a school district has received as compensation for being a sparse school district under the terms of §§ 13-13-78 and 13-13-79; any revenue a school district has received under the provisions of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5); and any revenue in the general fund set aside for a noninsurable judgment.

    Section 2. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

    The Senate and House of Representatives standing committees on appropriations shall jointly adopt a statement of estimated revenue for the current fiscal year and for the next fiscal year. The statement of estimated revenue shall be classified by individual revenue source. General fund revenue shall be further classified as either continuing receipts or one-time receipts.
    Section 3. That § 13-37-35.1 be amended to read as follows:

    13-37-35.1. Terms used in chapter 13-37 mean:

            (1)    "Level one disability," a mild disability;
            (2)    "Level two disability," cognitive disability or emotional disorder;
            (3)    "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;
            (4)    "Level four disability," autism;
            (5)    "Level five disability," multiple disabilities;
            (5A)    "Level six disability," prolonged assistance;
            (6)    "Index factor," is 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 equal to the index factor calculated pursuant to section 1 of this Act;
            (6A)    "General fund adjustment," is equal to the general fund adjustment calculated pursuant to section 1 of this Act;
            (7)    "Local effort," shall be calculated for taxes payable in 2011 and shall be the amount of revenue that could have been generated for the taxes payable in 2010 using a special education levy of one dollar and twenty cents per one thousand dollars of valuation increased by the lesser of three percent or the index factor, as defined in § 10-13-38, plus a percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of real property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-31.4, only if assessed the same as property of equal value.
                For taxes payable in 2012, 2013, 2014, and 2015, the total amount of local effort shall be increased by the lesser of three percent or the index factor, established pursuant to § 10-13-38 plus a percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of real property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-31.4, only if assessed the same as property of equal value;
            (8)    "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2009 2010, is $4,057. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (9)    "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 2009 2010, is $9,471. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (10)    "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 2009 2010, is $15,220. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (11)    "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 2009 2010, is $13,164. For each school year thereafter, the

allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

            (12)    "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 2009 2010, is $16,539. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (12A)    "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, 2009 2010, is $8,438. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (13)    "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules promulgated pursuant to § 13-37-1.1;
            (14)    "Fall enrollment," the number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except any nonresident student who is in the care and custody of a state agency and is attending a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;
            (15)    "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;
            (16)    "Nonpublic fall enrollment," until June 30, 2008, the number of children under age sixteen, and beginning July 1, 2009, the number of children under age eighteen, who are approved for alternative instruction pursuant to § 13-27-2 on the last Friday of September of the previous school year plus:
            (a)    For nonpublic schools located within the boundaries of a public school district with a fall enrollment of six hundred or more on the last Friday of September of the previous school year, the number of kindergarten through twelfth grade pupils enrolled on the last Friday of September of the previous regular school year in all nonpublic schools located within the boundaries of the public school district;
            (b)    For nonpublic schools located within the boundaries of a public school district with a fall enrollment of less than six hundred on the last Friday of September of the previous school year, the number of resident kindergarten through twelfth grade pupils enrolled on the last Friday of September of the previous school year in all nonpublic schools located within the State of South Dakota;
            (17)    "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;
            (18)    "Local need," an amount to be determined as follows:
            (a)    Multiply the special education fall enrollment by 0.1062 and multiply the result by the allocation for a student with a level one disability;
            (b)    Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;
            (c)    Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;
            (d)    Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;
            (e)    Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;
            (f)    Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;
            (g)    Sum the results of (a) through (f);
            (19)    "Effort factor," for taxes payable in 2011, 2012, 2013, 2014, and 2015, the effort factor is the amount of taxes payable for the year divided by the amount of local effort as calculated in subdivision (7). The maximum effort factor is 1.0.

    Section 4. That § 13-37-35.2 be amended to read as follows:

    13-37-35.2. In fiscal year 2004 and every three years thereafter, the Department of Education shall recalculate the amounts of the allocations for the disability levels defined in § 13-37-35.1. The recalculation shall be based on statewide average expenditures as reported to the Department of Education in school district annual reports by disability for the previous three school fiscal years. The recalculated allocations for the disability levels shall be prorated so that the new statewide local need equals the statewide local need that would have resulted if the disability levels had not been recalculated. "


    Sen. Knudson requested a roll call vote.

    Which request was supported.

    The question being on Sen. Knudson's motion that HB 1051 be amended (1051ca).

    And the roll being called:

    Yeas 27, Nays 6, Excused 2, Absent 0

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

    Nays:
Brown; Haverly; Howie; Novstrup (Al); Rhoden; Schmidt

    Excused:
Gray; Hanson (Gary)

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

1051cb

    Sen. Jerstad moved that HB 1051 be further amended as follows:

    On the previously adopted amendment (1051ca), section 1, subdivision 13-13-10.1 (4), delete $4,804.60 and insert $4,862.26.

    Sen. Ahlers requested a roll call vote.

    Which request was supported.

    The question being on Sen. Jerstad's motion that HB 1051 be further amended (1051cb).

    And the roll being called:

    Yeas 15, Nays 19, Excused 1, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Gillespie; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

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

    Excused:
Hanson (Gary)

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

    The question being "Shall HB 1051 pass as amended?"

    And the roll being called:

    Yeas 25, Nays 9, Excused 1, Absent 0

    Yeas:
Adelstein; Ahlers; Bartling; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

    Nays:
Abdallah; Brown; Haverly; Howie; Maher; Merchant; Novstrup (Al); Rhoden; Schmidt

    Excused:
Hanson (Gary)

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

    The question being on the title.

1051cta

    Sen. Knudson moved that the title to HB 1051 be amended as follows:

    On page 1, line 1, of the printed bill, delete everything after "to" and insert "equate, within certain limits, the annual percentage increase in per student funding for general education and for special education to the projected change in state general fund revenue, and to require the Legislature to estimate general fund revenues for the current fiscal year and the next fiscal year."

    On page 1, delete line 2.

    Which motion prevailed.

    HB 1052: FOR AN ACT ENTITLED, An Act to revise the definition of full-time equivalent to exclude students employed by public postsecondary institutions.

    Was read the second time.

1052ma

    Sen. Heidepriem moved that HB 1052 be further amended as follows:

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

    "Section 1. That section 2 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF EXECUTIVE MANAGEMENT

    (1) Office of the Governor


        Personal Services, General Funds, delete "$1,785,533" and insert "$1,741,250"

    (4) Bureau of Finance and Management (BFM)

        Personal Services, General Funds, delete "$607,000" and insert "$596,963"

    (12) Central Services

        Personal Services, General Funds, delete "$169,069" and insert "$87,748"

    (24) Personnel Management and Employee Benefits (BOP)

        Personal Services, General Funds, delete "$191,645" and insert "$191,638"

Adjust all totals accordingly.

    Section 2. That section 3 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF REVENUE AND REGULATION

    (1) Administration, Secretary of Revenue and Regulation

        Personal Services, General Funds, delete "$111,522" and insert "$27,439"

Adjust all totals accordingly.

    Section 3. That section 4 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF AGRICULTURE

    (1) Administration, Secretary of Agriculture

        Personal Services, General Funds, delete "$538,318" and insert "$493,318"

Adjust all totals accordingly.

    Section 4. That section 5 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF TOURISM AND STATE DEVELOPMENT

    (1) Economic Development

        Personal Services, General Funds, delete "$1,639,367" and insert "$1,585,126"

Adjust all totals accordingly.


    Section 5. That section 8 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF HEALTH

    (1) Administration, Secretary of Health

        Personal Services, General Funds, delete "$642,256" and insert "$589,756"

Adjust all totals accordingly.

    Section 6. That section 12 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF PUBLIC SAFETY

    (1) Administration, Secretary of Public Safety

        Personal Services, General Funds, delete "$93,683" and insert "$28,079"

Adjust all totals accordingly.

    Section 7. That section 13 of chapter 22 of the 2009 Session Laws be amended to read as follows:

BOARD OF REGENTS

    (1) Regents Central Office

        Personal Services, General Funds, delete "$3,750,616" and insert "$3,688,665"

    (3) University of South Dakota Proper

        Personal Services, General Funds, delete "$30,940,750" and insert "$30,794,981"

        F.T.E., delete "1,182.9" and insert "1,150.7"

    (7) Agricultural Experiment Station

        Personal Services, General Funds, delete "$9,867,564" and insert "$8,756,982"

    (9) Northern State University

        Personal Services, General Funds, delete "$10,422,278" and insert "$10,410,186"

    (12) South Dakota School for the Deaf

        Personal Services, General Funds, delete "$3,045,877" and insert "$2,871,122"


        F.T.E., delete "58.9" and insert "50.3"

Adjust all totals accordingly.

    Section 8. That section 14 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF MILITARY AND VETERANS' AFFAIRS

    (1) Adjutant General

        Personal Services, General Funds, delete "$324,109" and insert "$211,775"

Adjust all totals accordingly.

    Section 9. That section 15 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF CORRECTIONS

    (1) Administration, Central Office

        Personal Services, General Funds, delete "$1,957,546" and insert "$1,140,434"

Adjust all totals accordingly.

    Section 10. That section 16 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF HUMAN SERVICES

    (1) Administration, Secretary of Human Services

        Personal Services, General Funds, delete "$721,781" and insert "$315,281"

Adjust all totals accordingly.

    Section 11. That section 19 of chapter 22 of the 2009 Session Laws be amended to read as follows:

UNIFIED JUDICIAL SYSTEM

    (2) Unified Judicial System

        Personal Services, General Funds, delete "$30,374,907" and insert "$30,075,952"

Adjust all totals accordingly.

    Section 12. That section 20 of chapter 22 of the 2009 Session Laws be amended to read as follows:

LEGISLATURE

    (1) Legislative Operations

        Appropriation, General Funds, delete "$4,733,376" and insert "$4,583,687"

Adjust all totals accordingly.

    Section 13. That section 22 of chapter 22 of the 2009 Session Laws be amended to read as follows:

SCHOOL AND PUBLIC LANDS

    (1) Administration of School and Public Lands

        Personal Services, General Funds, delete "$427,029" and insert "$419,566"

Adjust all totals accordingly.

    Section 14. That section 23 of chapter 22 of the 2009 Session Laws be amended to read as follows:

SECRETARY OF STATE

    (1) Secretary of State

        Personal Services, General Funds, delete "$674,907" and insert "$667,151"

Adjust all totals accordingly.

    Section 15. That section 24 of chapter 22 of the 2009 Session Laws be amended to read as follows:

STATE TREASURER

    (1) Treasury Management

        Personal Services, General Funds, delete "$337,279" and insert "$336,340"

Adjust all totals accordingly.

    Section 16. That section 25 of chapter 22 of the 2009 Session Laws be amended to read as follows:


STATE AUDITOR

    (1) State Auditor

        Personal Services, General Funds, delete "$1,049,449" and insert "$1,038,857"

Adjust all totals accordingly."


    The President ruled that amendment 1052ma was not germane to the title of the bill.

    Sen. Heidepriem appealed the ruling of the chair that amendment 1052ma is not germane to the title of the bill.

    The question being "Shall the ruling of the chair be sustained?"

    And the roll being called:

    Yeas 20, Nays 14, Excused 1, Absent 0

    Yeas:
Abdallah; Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

    Nays:
Ahlers; Bartling; Bradford; Gillespie; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

    Excused:
Hanson (Gary)

    So the motion having received an affirmative vote of a majority of the members present, the President declared the ruling of the chair was sustained.

    The question being "Shall HB 1052 pass as amended?"

    And the roll being called:

    Yeas 19, Nays 14, Excused 2, Absent 0

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

    Nays:
Ahlers; Bartling; Bradford; Gillespie; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

    Excused:
Abdallah; Hanson (Gary)

    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 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for National Guard armory construction.

    Was read the second time.

    The question being "Shall HB 1048 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; Gray; Hansen (Tom); 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:
Hanson (Gary)

    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 1025: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a motor pool building at South Dakota State University and to make an appropriation therefor.

    Was read the second time.

    The question being "Shall HB 1025 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 2, Excused 3, Absent 0

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

    Nays:
Maher; Vehle

    Excused:
Ahlers; Garnos; Hanson (Gary)

    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 1056: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1056 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); 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

    Excused:
Hanson (Gary)

    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 1027: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a visitor center on the grounds of McCrory Gardens on the campus of South Dakota State University, to accept donations for such purpose, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

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

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0

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

    Nays:
Maher; Vehle

    Excused:
Hanson (Gary)

    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 1026: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct phase II of the Electrical Engineering and Computer Science Building on the campus of South Dakota State University, to accept donations for such purpose, to acquire land incidental thereto, and to make appropriations therefor.

    Was read the second time.

    The question being "Shall HB 1026 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; Gray; Hansen (Tom); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Nays:
Maher

    Excused:
Hanson (Gary)


    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 1001: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue certain special alcoholic beverage licenses and to repeal certain special alcoholic beverage licenses.

    Was read the second time.

    The question being "Shall HB 1001 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); 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

    Excused:
Dempster; Gray; Hanson (Gary)

    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 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the days and hours that alcoholic beverages may be sold on a licensed premise and who may sell, serve, or dispense alcoholic beverages on a licensed premise and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages.

    Was read the second time.

    The question being "Shall HB 1002 pass as amended?"

    And the roll being called:

    Yeas 27, Nays 6, Excused 2, Absent 0

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


    Nays:
Ahlers; Bartling; Howie; Jerstad; Schmidt; Vehle

    Excused:
Gray; Hanson (Gary)

    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 1104: FOR AN ACT ENTITLED, An Act to limit the source of recovery in certain civil actions for childhood sexual abuse injuries.

    Was read the second time.

1104xa

    Sen. Garnos moved that HB 1104 be further amended as follows:

    On page 1, line 10, of the House Judiciary Committee engrossed bill, delete "thirty-five" and insert "forty".

    Which motion prevailed.

    The question being "Shall HB 1104 pass as amended?"

    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Haverly; Heidepriem; Hunhoff (Jean); Kloucek; Knudson; Maher; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Vehle

    Nays:
Ahlers; Howie; Hundstad; Jerstad; Merchant; Schmidt; Turbak Berry

    Excused:
Hanson (Gary); Nelson

    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 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fees for health services provided to South Dakota injured workers treated by out-of-state medical providers.

    Was read the second time.

1118jb

    Sen. Turbak Berry moved that HB 1118 be further amended as follows:

    On page 1, line 14, of the Senate Commerce Committee engrossed bill, delete everything after "may" and insert "enforce any judgment against, or collect or attempt to collect from,"

    On page 2, delete lines 3 to 5, inclusive.

    Which motion prevailed.

1118fa

    Sen. Miles moved that HB 1118 be further amended as follows:

    On page 2, after line 5 of the Senate Commerce Committee engrossed bill, insert:

    "Section 2.That § 62-4-16 be amended to read as follows:

    62-4-16. The employer shall pay the burial expense and the expense of a headstone grave marker for an employee whose death resulted from an injury, in an amount not to exceed the sum of seven thousand five hundred ten thousand dollars. If the death occurred in a foreign state or outside the community where the employee is to be buried, the employer shall also pay the cost of transporting the body of the employee to the community where the employee is to be buried. "


    Which motion prevailed.

    The question being "Shall HB 1118 pass as amended?"

    And the roll being called:

    Yeas 29, Nays 1, Excused 5, Absent 0

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

    Nays:
Gant

    Excused:
Abdallah; Ahlers; Hanson (Gary); Merchant; Nelson

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

    The question being on the title.

1118fta

    Sen. Miles moved that the title to HB 1118 be amended as follows:

    On page 1, line 2, of the Senate Commerce Committee engrossed bill, after "providers" insert "and expenses when death results from injuries to South Dakota workers".

    Which motion prevailed.

    HB 1192: FOR AN ACT ENTITLED, An Act to establish an ethanol blender pump incentive grant program, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1192 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

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

    Excused:
Abdallah; Ahlers; Hanson (Gary); Merchant; Nelson

    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 1263: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the terms of wind easements and wind energy leases.

    Was read the second time.

    The question being "Shall HB 1263 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

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

    Excused:
Abdallah; Ahlers; Hanson (Gary); Merchant; Nelson

    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.

SIGNING OF BILLS

    The President publicly read the title to

    SB 16: FOR AN ACT ENTITLED, An Act to revise certain commercial driver licensing provisions and penalties.

    SB 24: FOR AN ACT ENTITLED, An Act to establish standards for teaching, to require teacher evaluations, and to provide for the development of a model evaluation instrument.

    SB 26: FOR AN ACT ENTITLED, An Act to make an additional appropriation to the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center.

    SB 27: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Human Services to provide for the design, construction, and equipping of a dietary services building addition at the Human Services Center.

    SB 28: FOR AN ACT ENTITLED, An Act to provide relief from liability from a sales and use tax rate change in certain circumstances.

    SB 29: FOR AN ACT ENTITLED, An Act to revise the exemption of direct mail postage and to define direct mail for certain tax purposes.


    SB 31: FOR AN ACT ENTITLED, An Act to update certain provisions regarding the reimbursable expense exemption from the sales and service tax allowed licensed accountants.

    SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to delinquent tax accounts.

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

    SB 46: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

    SB 47: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2010 state aid to special education appropriation to fiscal year 2011.

    SB 48: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

    SB 52: FOR AN ACT ENTITLED, An Act to revise fees for certain phytosanitary certificates and inspections.

    SB 63: FOR AN ACT ENTITLED, An Act to provide for the establishment of a pilot charter school in South Dakota if the Department of Education receives a federal grant to fund it.

    SB 118: FOR AN ACT ENTITLED, An Act to allow the register of deeds to electronically preserve certain documents.

    SB 133: FOR AN ACT ENTITLED, An Act to revise certain procedures for handling complaints regarding open meeting requirements.

    HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions related to high-performance green building standards.

    HB 1059: FOR AN ACT ENTITLED, An Act to authorize the State Investment Council to discuss in executive session certain information exempt from public disclosure.

    HB 1128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire protection services provided through township funding.

    HB 1149: FOR AN ACT ENTITLED, An Act to allow certain municipal interfund loans

    HB 1171: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the fees for certain special motor vehicle license plates.

    HB 1252: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment in lieu of taxes for certain housing projects exempt from property taxation.

    And signed the same in the presence of the Senate.

    Sen. Peterson moved that the Senate do now adjourn, which motion prevailed and at 5:05 p.m. the Senate adjourned.

Trudy Evenstad, Secretary