Senate Journal 3/9/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

THIRTY-FOURTH DAY

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

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate pages Layne Duvall and Bradley Cihak.

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 thirty-third 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.

COMMUNICATIONS AND PETITIONS

March 9, 2010

Mr. President and Members of the Senate:

I have the honor to inform you that on March 8, 2010, I approved Senate Bills 16, 24, 26, 27, 28, 29, 31, 33, 45, 46, 47, 48, and 52, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 18, 20, 30, 32, 35, 58, 80, 88, 97, 98, 108, 114, 121, 134, and 156 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 4, 7, 8, 11, 50, 56, 60, 89, 122, 132, 136, 145, 183, and 186 were delivered to his Excellency, the Governor, for his approval at 10:45 a.m., March 9, 2010.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 18, 20, 30, 32, 35, 58, 80, 88, 97, 98, 108, 114, 134, and 156 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 21, 78, 115, 141, and 169 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Krebs, Russell, and Street as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 62.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1041 and 1109.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 5 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1013, 1014, and 1016 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully submitted,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Wednesday, March 10, the 35^th legislative day.

Which motion prevailed.

HCR 1013: A CONCURRENT RESOLUTION, Supporting comprehensive anti-bullying programs and policies in schools, and the creation of an atmosphere of zero tolerance for bullying behavior in any place where children congregate.

Was read the first time, the President waived the referral to committee, and placed HCR 1013 on the calendar of Wednesday, March 10, the 35^th legislative day.

HCR 1014: A CONCURRENT RESOLUTION, Urging the members of the United States Congress to propose the Parental Rights Amendment to the states for ratification.

Was read the first time, the President waived the referral to committee, and placed HCR 1014 on the calendar of Wednesday, March 10, the 35^th legislative day.

HCR 1016: A CONCURRENT RESOLUTION, Opposing certain indirect land use change provisions that unfairly impact biofuels production in the United States.

Was read the first time, the President waived the referral to committee, and placed HCR 1016 on the calendar of Wednesday, March 10, the 35^th legislative day.

Sen. Nelson moved that the Senate do concur in House amendments to SB 2.

The question being on Sen. Nelson's motion that the Senate do concur in House amendments to SB 2.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Hansen (Tom); Miles

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Nelson moved that the Senate do concur in House amendments to SB 188.

The question being on Sen. Nelson's motion that the Senate do concur in House amendments to SB 188.

And the roll being called:

Yeas 34, Nays 1, 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

Nays:
Vehle

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

HCR 1012: A CONCURRENT RESOLUTION, Directing the South Dakota State Investment Council to apply its Social Activism Policy to address the ongoing genocide and other atrocities being committed in Sudan.

Was read the second time.

Sen. Heidepriem moved that the Senate do concur in HCR 1012 as found on page 678 of the House Journal.

The question being on Sen. Heidepriem's motion that the Senate do concur in HCR 1012.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1012 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1138 as found on page 582 of the Senate Journal; also

State Affairs on HB 1060 as found on page 578 of the Senate Journal; also

Local Government on HB 1227 as found on page 584 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1077: FOR AN ACT ENTITLED, An Act to enact a procedure for delayed appeal if the petitioner was unconstitutionally denied the right of appeal.

Was read the second time.

The question being "Shall HB 1077 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 1138: FOR AN ACT ENTITLED, An Act to create certified technology parks or certified sites to enhance knowledge and tech-based economic development.

Was read the second time.

The question being "Shall HB 1138 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 1265: FOR AN ACT ENTITLED, An Act to revise certain provisions related to indigent counsel.

Was read the second time.

The question being "Shall HB 1265 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance.

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

Sen. Adelstein withdrew his amendment to HB 1053 (1053ra).

The question being "Shall HB 1053 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 two-thirds majority of the members-elect, the President declared the bill passed.

The question being on the title.

1053tta

Sen. Gant moved that the title to HB 1053 be amended as follows:

On page 1, line 1, of the Senate Local Government Committee engrossed bill, after "finance" insert "and to declare an emergency".

Which motion prevailed.

HB 1202: FOR AN ACT ENTITLED, An Act to require the director of equalization to use certain factors and adjustments to assess agricultural land, to allow the Department of Revenue and Regulation to assess certain agricultural land, and to transfer certain county funds to the Department of Revenue and Regulation.

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

1202ja

Sen. Rhoden moved that HB 1202 be further amended as follows:

On page 2 of the Senate Taxation Committee engrossed bill, delete lines 8 to 16, inclusive.

Sen. Adelstein requested a roll call vote.

Which request was not supported.

The question now being on Sen. Rhoden's motion that HB 1202 (1202ja) be further amended.

Which motion prevailed.

President Pro Tempore Gray now presiding.

The question being "Shall HB 1202 pass as amended?"

The President now presiding

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Dempster; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Nays:
Abdallah; Adelstein; Brown; Gant; Gray; Haverly; Nelson; Novstrup (Al); Olson (Russell); Schmidt

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.

1202jta

Sen. Rhoden moved that the title to HB 1202 be amended as follows:

On page 1, line 2, of the Senate Taxation Committee engrossed bill, delete "," and insert "and".

On page 1, line 3, delete everything after "land" and insert "."

On page 1, delete line 4.

Which motion prevailed.

HB 1187: FOR AN ACT ENTITLED, An Act to prohibit the killing, injury, or interference with a law enforcement support animal and to establish certain penalties.

Was read the second time.

1187ra

Sen. Hansen (Tom) moved that HB 1187 be amended as follows:

On page 1, line 5, of the printed bill, delete "Class 6 felony" and insert "Class 1 misdemeanor".

On page 1, line 7, delete "Class 1" and insert "Class 2".

Sen. Brown requested a roll call vote.

Which request was supported.

The question being on Sen. Hansen (Tom)'s motion that HB 1187 be amended.

And the roll being called:

Yeas 9, Nays 25, Excused 1, Absent 0

Yeas:
Brown; Fryslie; Hansen (Tom); Howie; Hunhoff (Jean); Maher; Peterson; Rhoden; Vehle

Nays:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Gant; Garnos; Gillespie; Hanson (Gary); Haverly; Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Schmidt; Tieszen; Turbak Berry

Excused:
Gray

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 1187 pass?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Brown; Hansen (Tom); Howie; Hunhoff (Jean); Maher; Peterson; Rhoden

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.

HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to statutory rape.

Was read the second time.

The question being "Shall HB 1110 pass as amended?"

And the roll being called:

Yeas 23, Nays 9, Excused 3, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Dempster; Fryslie; Gant; Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Schmidt; Turbak Berry

Nays:
Garnos; Gillespie; Hansen (Tom); Howie; Knudson; Maher; Rhoden; Tieszen; Vehle

Excused:
Abdallah; Brown; 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.

HB 1231: FOR AN ACT ENTITLED, An Act to provide for the monitoring of the prescribing and dispensing of controlled substances.

Was read the second time.

The question being "Shall HB 1231 pass as amended?"

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent 0

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

Nays:
Brown; Heidepriem; Howie; Maher; Olson (Russell)

Excused:
Gray; Peterson

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 1227: FOR AN ACT ENTITLED, An Act to permit townships to enroll in certain health, life, and disability income insurance benefits.

Was read the second time.

The question being "Shall HB 1227 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 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the refunds for new or expanded agricultural facilities and the refunds for 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.

Was read the second time.

1060fe

Sen. Knudson moved that HB 1060 be further amended as follows:

On page 7 of the Senate State Affairs Committee engrossed bill, delete lines 9 to 15, inclusive, and insert:

"Section 18. 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) Used predominantly for the transportation or transmission of oil or crude oil by means of a pipeline. "

Which motion prevailed.

The question being "Shall HB 1060 pass as amended?"

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

Yeas:
Adelstein; Ahlers; Dempster; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Miles; Nesselhuf; Rhoden; Tieszen; Turbak Berry; Vehle

Nays:
Abdallah; Bartling; Bradford; Brown; Gant; Gillespie; Gray; Haverly; Howie; Maher; Merchant; Nelson; Novstrup (Al); Olson (Russell); Peterson; Schmidt

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.

1060ftc

Sen. Knudson moved that the title to HB 1060 be amended as follows:

On page 1 of the Senate State Affairs Committee engrossed bill, delete line 4, and insert "exempt certain new business facilities from tax refunds.".

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 131 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS

SC 24 Introduced by: Senators Olson (Russell), 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), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Peters, Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Conzet, Cronin, Curd, Cutler, Deadrick, Dennert, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lucas, Lust, McLaughlin, Moser, Novstrup (David), Nygaard, Olson (Ryan), Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2009-2010 Madison High School Lady Bulldogs Gymnastics Team for its sixteenth consecutive state championship title in Class A Gymnastics and for setting the national record for consecutive gymnastics state championships.

WHEREAS, the Madison High School Lady Bulldogs Gymnastics Team has proven to have outstanding athletes year in and year out by winning the State Class A Gymnastics Championship for sixteen consecutive years, the most consecutive state championships in the nation; and

WHEREAS, students Kaylee Grayson, Laura Blom, Danielle Bloom, Lexi Finck, Shannon Winthers, Preslee Jorgenson, Tayler Harold, Ashley Schwebach, and managers Jessica Strom, Kayla Wiese, and Kara Pederson achieved this honor through hard work and dedication; and

WHEREAS, coaches Maridee Dossett and Kindra Wiese put forth the time and effort to train and practice with the Madison High School Lady Bulldogs Gymnastics Team:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Madison High School Lady Bulldogs Gymnastics Team be commended and honored for its excellence in athletics and academics for the 2009-2010 school

year, for winning the State Class A Gymnastics Championship title for sixteen consecutive years, and for setting the national record for consecutive gymnastics state championships.

SC 25 Introduced by: Senator Turbak Berry and Representatives Faehn and Solum

A LEGISLATIVE COMMEMORATION, Congratulating and commending the Watertown High School Gymnastics Team for its State AA Championship and successful 2010 season.

WHEREAS, the Watertown High School Gymnastics Team exemplifies the dedication and commitment needed to reach lofty goals; and

WHEREAS, the Watertown High School Gymnastics Team placed three competitors on the All-State Team; and

WHEREAS, Caitlin Mack of Watertown received the All-Around Competition Award, and three individual titles in beam, uneven bars, and vault; and

WHEREAS, the coaching staff of Vicky Bull, Melissa VanGilder, and Jenny Guest represent the leadership needed to push students to their finest; and

WHEREAS, the Watertown High School Gymnastics Team won the 2010 State AA Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Watertown High School Gymnastics Team be congratulated and commended for its State AA Championship and successful 2010 season.

SC 26 Introduced by: Senators Jerstad, Abdallah, Ahlers, Bartling, Bradford, Dempster, Gant, Gillespie, Hanson (Gary), Heidepriem, Kloucek, Knudson, Maher, Merchant, Miles, Nesselhuf, and Peterson and Representatives Lange, Blake, Dennert, Engels, Frerichs, Gibson, Kirschman, Solberg, and Wismer

A LEGISLATIVE COMMEMORATION, Congratulating and commending the Augustana College Women's Basketball Team for its successful 2009-2010 season.

WHEREAS, the Augustana College Women's Basketball Team advanced to the semi-final round of the Northern Sun Intercollegiate Conference; and

WHEREAS, the Augustana College Women's Basketball Team achieved an outstanding 23-5 record; and

WHEREAS, the Augustana College Women's Basketball Team exemplifies commitment and dedication in the pursuit of its goals; and

WHEREAS, Augustana College Women's Basketball head coach Dave Krauth epitomizes leadership and guidance to the entire state of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Augustana College Women's Basketball Team be congratulated and commended for its triumphant 2009-2010 season.

SIGNING OF BILLS

The President publicly read the title to

SB 18: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions regarding retired members of the South Dakota Retirement System who return to covered employment and to declare an emergency.

SB 20: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions within the South Dakota Retirement System.

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of tax refunds for the construction of agricultural processing or new business facilities.

SB 32: FOR AN ACT ENTITLED, An Act to revise the process for the reporting of surplus lines insurance.

SB 35: FOR AN ACT ENTITLED, An Act to require the policyholder's signed acceptance for endorsements that reduce or eliminate coverage upon certain health insurance policy issuance.

SB 58: FOR AN ACT ENTITLED, An Act to revise certain real property taxes for small renewable energy facilities.

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

SB 88: FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

SB 97: FOR AN ACT ENTITLED, An Act to provide that salvage titles be issued for stolen vehicles and to provide that thefts be noted on the title of recovered motor vehicles.

SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the yielding of the right-of-way to pedestrians making a crossing of a highway.

SB 108: FOR AN ACT ENTITLED, An Act to prohibit dental insurers from setting fees for noncovered services.

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

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

SB 134: FOR AN ACT ENTITLED, An Act to provide for divestiture of state investment funds in certain companies liable to sanctions under the Iran Sanctions Act of 1996.

SB 156: FOR AN ACT ENTITLED, An Act to require that determinations in both adult and juvenile court proceedings relative to a controlled substance violation of a high school student participating in extracurricular activities be reported to the South Dakota High School Activities Association and to the school administrator.

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.

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.

HB 1072: FOR AN ACT ENTITLED, An Act to provide for the election of a vice chair for county commissions.

HB 1091: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal elections in the case of death or withdrawal of a candidate.

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

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 and expenses when death results from injuries to South Dakota workers.

HB 1130: FOR AN ACT ENTITLED, An Act to include the families of certain members of the armed forces who died in military service as eligible for gold star special license plates.

HB 1172: FOR AN ACT ENTITLED, An Act to repeal certain provisions requiring the approval of the planning commission for the construction of utilities and public facilities.

And signed the same in the presence of the Senate.

Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at 3:55 p.m. the Senate adjourned.

Trudy Evenstad, Secretary