Senate Journal 3/10/2010 10:00 AM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 10, 2010

The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by Senate pages Cortlyn Hagman and Kody Kyriss.

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-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.

COMMUNICATIONS AND PETITIONS

March 9, 2010

Mr. President and Members of the Senate:

I have the honor to inform you that on March 9, 2010, I approved Senate Bills 55, 63, 109, 110, 118, 133, and 166, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 49, 53, 65, 69, 100, 125, 148, 149, 155, 184, and 188 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 12, 22, 67, 75, 102, 104, 106, 139, 172, and 195 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 49, 53, 65, 69, 100, 125, 148, 149, 155, and 184 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 192 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 124 and 187 were tabled.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1202 and has appointed Reps. Noem, Lust, and Dennert 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.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Nelson moved that the Senate do concur in House amendments to SB 21.

The question being on Sen. Nelson's motion that the Senate do concur in House amendments to SB 21.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Merchant

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. Gant moved that the Senate do concur in House amendments to SB 78.

The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 78.

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; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Kloucek

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. Gray moved that the Senate do concur in House amendments to SB 115.

The question being on Sen. Gray's motion that the Senate do concur in House amendments to SB 115.

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Ahlers; Heidepriem; Maher; Nesselhuf

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. Gant moved that the Senate do concur in House amendments to SB 141.

The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 141.

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 the amendments were concurred in.

Sen. Turbak Berry moved that the Senate do concur in House amendments to SB 169.

Sen. Knudson moved as a substitute motion that the Senate do not concur in House amendments to SB 169 and that no committee be appointed.

The question being on Sen. Knudson's substitute motion that the Senate do not concur in House amendments to SB 169 and that no committee be appointed.

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

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

Nays:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Turbak Berry

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 on Sen. Turbak Berry's motion that the Senate do concur in House amendments to SB 169.

And the roll being called:

Yeas 20, Nays 15, Excused 0, Absent 0

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

Nays:
Brown; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Novstrup (Al); Olson (Russell); Schmidt; Tieszen; 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 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 second time.

Sen. Gillespie moved that the Senate do concur in HCR 1013 as found on page 678 of the House Journal.

The question being on Sen. Gillespie's motion that the Senate do concur in HCR 1013.

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 HCR 1013 was concurred in.

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 second time.

Sen. Howie moved that the Senate do concur in HCR 1014 as found on page 725 of the House Journal.

The question being on Sen. Howie's motion that the Senate do concur in HCR 1014.

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

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

Nays:
Adelstein; Ahlers; Bartling; Bradford; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Merchant; Nesselhuf; Peterson; Turbak Berry

Excused:
Abdallah

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in.

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

Was read the second time.

Sen. Knudson moved that the Senate do concur in HCR 1016 as found on page 727 of the House Journal.

The question being on Sen. Knudson's motion that the Senate do concur in HCR 1016.

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 HCR 1016 was concurred in.

Sen. Knudson moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 10:50 a.m., the Senate recessed.

The Senate reconvened at 1:30 p.m., the President presiding.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 21, 78, 115, 141, and 169 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 18, 19, 20, 30, 32, 35, 42, and 54 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., March 10, 2010.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 62 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 62 be amended as follows:

62oc

On page 2, line 3, of the House Transportation Committee engrossed bill, delete "prima facie".

On page 2, line 4, before "violation" insert "knowing".

Respectfully submitted,    Respectfully submitted,
Shantel Krebs    Mike Vehle
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1036, 1057, 1105, 1241, and 1264.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1017 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1160 and has appointed Reps. Noem, Lederman, and Feickert 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.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1017: A CONCURRENT RESOLUTION, Opposing federal control of state water rights through unnecessary expansion of the federal Clean Water Act

Was read the first time, the President waived the referral to committee, and placed HCR 1017 on the calendar of Thursday, March 11, the 36^th legislative day.

Sen. Gray moved that the Senate do not concur in House amendments to SB 195 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Sen. Gant moved as a substitute motion that the Senate do concur in House amendments to SB 195.

The question being on Sen. Gant's substitute motion that the Senate do concur in House amendments to SB 195.

And the roll being called:

Yeas 11, Nays 23, Excused 1, Absent 0

Yeas:
Ahlers; Brown; Fryslie; Gant; Hansen (Tom); Haverly; Howie; Merchant; Novstrup (Al); Olson (Russell); Schmidt

Nays:
Abdallah; Adelstein; Bartling; Dempster; Garnos; Gillespie; Gray; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Bradford

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

Sen. Gray's motion to not concur in House amendments to SB 195 prevailed and the President announced as such committee Sens. Knudson, Gray, and Heidepriem.

Sen. Abdallah moved that the Senate do concur in House amendments to SB 12.

The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 12.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; 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

Excused:
Bradford; Garnos

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.

The President announced Sens. Garnos, Adelstein, and Jerstad as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1160.

Sen. Maher moved that the Senate do not concur in House amendments to SB 75 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Rhoden, Dempster, and Maher.

Sen. Knudson moved that the Senate do concur in House amendments to SB 102.

The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 102.

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Brown; Hunhoff (Jean); Nelson; Novstrup (Al); Tieszen

Excused:
Hansen (Tom)

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. Dempster moved that the Senate do not concur in House amendments to SB 106 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Dempster, Hunhoff (Jean), and Heidepriem.

Sen. Peterson moved that the Senate do concur in House amendments to SB 172.

The question being on Sen. Peterson's motion that the Senate do concur in House amendments to SB 172.

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; 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

Excused:
Hansen (Tom)

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. Vehle moved that the Senate do concur in House amendments to SB 139.

The question being on Sen. Vehle's motion that the Senate do concur in House amendments to SB 139.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Hansen (Tom)

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. Knudson moved that the Senate do concur in House amendments to SB 104.

The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 104.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Hansen (Tom)

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. Knudson moved that the Senate do not concur in House amendments to SB 22 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Sen. Haverly moved as a substitute motion that the Senate do concur in House amendments to SB 22.

The question being on Sen. Haverly's substitute motion that the Senate do concur in House amendments to SB 22.

President Pro Tempore Gray now presiding.

The President now presiding.

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

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

Nays:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Tieszen; Turbak Berry

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

Sen. Knudson's motion to not concur in House amendments to SB 22 prevailed and the President announced as such committee Sens. Garnos, Knudson, and Nesselhuf.

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 the House has failed to concur in Senate amendments to HB 1053 and has appointed Reps. Cronin, Gosch, and Frerichs 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.

Respectfully,
Karen Gerdes, Chief Clerk

The President announced Sens. Rhoden, Gray, and Peterson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1202.

The President announced Sens. Gant, Tieszen, and Nesselhuf as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1053.

MOTIONS AND RESOLUTIONS
(continued)

Sen. Knudson moved that the Senate do not concur in House amendments to SB 67 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Hansen (Tom), Olson (Russell), and Peterson.

Sen. Knudson moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 2:54 p.m., the Senate recessed.

The Senate reconvened at 4:30 p.m., the President presiding.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 2, 49, 53, 58, 64, 65, 66, 69, 80, 81, 88, 97, 98, 100, 105, 108, 114, 121, 125, 134, 148, 149, 155, 156, 168, 184, and 188 were delivered to his Excellency, the Governor, for his approval at 3:45 p.m., March 10, 2010.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12, 102, 104, 139, and 172 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee 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 1077, 1110, 1138, 1227, 1231, and 1265.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Faehn, Noem, and Lucas 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 22.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Brunner, Gosch, and Engels 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 75.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Faehn, Noem, and Hunhoff (Bernie) 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 67.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rave, Rausch, and Hunhoff (Bernie) 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 195.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1060 and has appointed Reps. Rave, Rausch, and Hunhoff (Bernie) 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.

The President announced as such committee Sens. Knudson, Gray, and Heidepriem.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Noem, Moser, and Hunhoff (Bernie) 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 106.

Respectfully,
Karen Gerdes, Chief Clerk

SC 27 Introduced by: Senators Gillespie, Ahlers, Bartling, Hanson (Gary), Heidepriem, Hundstad, Jerstad, Kloucek, Maher, Merchant, Miles, Nesselhuf, and Peterson and Representatives Bolin, Blake, Boomgarden, Engels, Feinstein, Hunt, Kirschman, Krebs, Lederman, Moser, Nygaard, Schlekeway, Solberg, Sorenson, Steele, and Thompson

A LEGISLATIVE COMMEMORATION, Honoring John Frislie of Canton, South Dakota, for his contributions to conservation efforts in southeastern South Dakota and statewide.

WHEREAS, John Frislie was selected as the 2009 Vermillion-Big Sioux Area Endowment Fund President's Club recipient from the South Dakota Association of Conservation Districts; and

WHEREAS, John's conservation advocacy efforts began in the 1940s as an intern and later an employee with the Lincoln Conservation District. He began service as a supervisor and advisor to the Lincoln Conservation District in 1969; and

WHEREAS, John has contributed his time and knowledge to the Brule Creek Watershed. He also served as the highway superintendent for Lincoln County for twenty-three years and served as a Lincoln County commissioner from 1993 to 1996; and

WHEREAS, the recognition of John by his community and peers as a President's Club recipient ensures continued financial support of natural resource conservation in South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that John Frislie be congratulated for his contributions to the conservation efforts in Lincoln County and statewide.

SC 28 Introduced by: Senator Garnos and Representatives Deadrick and Juhnke

A LEGISLATIVE COMMEMORATION, Commending and honoring the Jones County Turner Youth Foundation as the recipient of the National Association of Resource Conservation and Development Councils Outstanding Youth Involvement Award.

WHEREAS, members of the Jones County Turner Youth Foundation have volunteered their time and unique talents for the betterment of the Turner Community Center and successfully completed the renovation ot the Turner Community Center; and

WHEREAS, this is the first time the National Association of Resource Conservation and Development Councils has awarded its Outstanding Youth Involvement Award in the state of South Dakota; and

WHEREAS, the National Association of Resource Conservation and Development Councils Outstanding Youth Involvement Award is given for resource conservation and development; and

WHEREAS, the Jones County Turner Youth Foundation protected and developed economic, natural, and social resources:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Jones County Turner Youth Foundation be commended and honored for its success in winning the National Association of Resource Conservation and Development Councils Outstanding Youth Involvement Award.

SC 29 Introduced by: Senator Garnos and Representatives Juhnke and Deadrick

A LEGISLATIVE COMMEMORATION, Honoring Jones County High School for being named a Bronze Medal School by U.S. News and World Report.

WHEREAS, Jones County High School was one of 21,786 schools analyzed for the Bronze Medal; and

WHEREAS, Jones County High School met three requirements of the U.S. News & World Report's "America's Best High Schools Methodology," by having test scores in math and reading above the state average, by having least advantaged students perform better than average to similar students, and finally, by having college readiness which was judged by the advanced placement test data; and

WHEREAS, Jones County High School was one of only twelve schools to receive a U.S. News and World Report Bronze Medal:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature congratulates Jones County High School for its Bronze Medal.

SC 30 Introduced by: Senators Gant, Abdallah, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Garnos, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Jerstad, Kloucek, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Tieszen, Turbak Berry, and Vehle and Representatives Frerichs, Blake, Boomgarden, Burg, Conzet, Cronin, Curd, Cutler, Deadrick, Dennert, Engels, Fargen, Feickert,

Feinstein, Gosch, Hoffman, Hunhoff (Bernie), Hunt, Killer, Kirkeby, Lederman, Lucas, Lust, McLaughlin, Olson (Betty), Pitts, Putnam, Rausch, Rounds, Schlekeway, Sly, Solberg, Steele, Street, Thompson, Turbiville, Van Gerpen, Vanneman, Verchio, and Wismer

A LEGISLATIVE COMMEMORATION, Commending and honoring former Lieutenant Governor William Dougherty for his many years of service to South Dakota.

WHEREAS, William Dougherty was elected as the 31^st Lieutenant Governor of South Dakota, and served two terms under Governor Richard Kneip from 1971 to 1975; and

WHEREAS, while presiding as Lieutenant Governor, Dougherty cast the tie-breaking vote in the Senate to defeat the final passage of a bill to impose a state income tax; and

WHEREAS, Dougherty was active in state and national politics, including serving as chair of Robert F. Kennedy's 1968 South Dakota campaign that led to Kennedy's primary victory over Hubert Humphrey, and serving as a top advisor to Senator George McGovern's 1972 presidential campaign; and

WHEREAS, Dougherty served as a lobbyist in the State Capitol from 1975 to 2009, and successfully represented a variety of prominent businesses and organizations on a wide range of issues; and

WHEREAS, while serving as a lobbyist, Dougherty gained the respect of legislators on both sides of the aisle, as well as his fellow lobbyists, and his advice was constantly sought by elected officials at the local, state, and national level; and

WHEREAS, Dougherty donated his time and talents to community service by serving as director of the Avera McKennan Hospital, the Avera McKennan Foundation, the South Dakota Banking Commission, and the Sioux Falls Regional Airport Authority; and

WHEREAS, Dougherty was the force behind the creation of the Avera McKennan Free Clinic and he and his brother, Michael Dougherty, were the lead donors for the Dougherty Hospice House; and

WHEREAS, Dougherty was named an Outstanding Alumnus by South Dakota State University in 1975; and

WHEREAS, as a result of his outstanding service and commitment to South Dakota, Dougherty was inducted into the South Dakota Hall of Fame in 2009:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature honors William Dougherty for his outstanding service to the State of South Dakota and to the United States of America.

SIGNING OF BILLS

The President publicly read the title to

SB 2: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcoholic beverage control and licensing laws.

SB 12: FOR AN ACT ENTITLED, An Act to provide for a tiered sex offender registry, to remove certain misdemeanors and juvenile offenses from the sex offender registry, and to establish certain criteria for eligibility to petition for removal or reassignment.

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.

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

SB 53: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

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.

SB 69: FOR AN ACT ENTITLED, An Act to authorize certain exceptions to the nursing facility moratorium.

SB 78: FOR AN ACT ENTITLED, An Act to revise the total amount of revenue payable to municipalities from taxes on real property.

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

SB 102: FOR AN ACT ENTITLED, An Act to modify and continue the lease agreement on the Black Hills Playhouse.

SB 104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding disclosure of public information and public meetings.

SB 115: FOR AN ACT ENTITLED, An Act to prohibit the sale of contact lenses without a prescription.

SB 125: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to violations associated with the statewide one-call notification system.

SB 139: FOR AN ACT ENTITLED, An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions.

SB 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding documents or instruments filed with the register of deeds that may contain personally identifiable information and to revise certain format requirements relating to real estate documents filed with the register of deeds.

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

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

SB 155: FOR AN ACT ENTITLED, An Act to revise the rules promulgation process for administrative rules with a financial impact upon political subdivisions of state government.

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

SB 172: FOR AN ACT ENTITLED, An Act to revise the definition for environmental upgrades used to provide a property tax exemption for coal-fired power plants.

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.

SB 188: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale and display of alcoholic beverages in certain establishments.

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding 911 emergency services.

HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance benefit eligibility of part-time workers and to provide additional unemployment insurance benefits to workers attending approved training.

HB 1036: FOR AN ACT ENTITLED, An Act to create a licensing category for the owners of property where licensed gaming is conducted in the city of Deadwood.

HB 1041: FOR AN ACT ENTITLED, An Act to revise the discount on the sales of cigarette tax stamps to distributors.

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions for the procurement of goods and services for governmental agencies.

HB 1054: FOR AN ACT ENTITLED, An Act to provide independent voters voting absentee the appropriate ballot during a primary election and to declare an emergency.

HB 1057: FOR AN ACT ENTITLED, An Act to revise and update certain provisions relating to dairy production and inspection.

HB 1105: FOR AN ACT ENTITLED, An Act to permit the record of a person's arrest to be expunged.

HB 1107: FOR AN ACT ENTITLED, An Act to provide for the renewal of certain nonresident commercial driver licenses.

HB 1109: FOR AN ACT ENTITLED, An Act to revise certain provisions related to business organizations and to provide for certain filing fees relevant thereto.

HB 1135: FOR AN ACT ENTITLED, An Act to rescind all previous applications of the State of South Dakota for the calling of a federal constitutional convention to amend the Constitution of the United States.

HB 1136: FOR AN ACT ENTITLED, An Act to limit asbestos-related liabilities for certain successor corporations.

HB 1164: FOR AN ACT ENTITLED, An Act to revise no contact provisions in cases of stalking and domestic abuse.

HB 1177: FOR AN ACT ENTITLED, An Act to prohibit the granting of subsequent suspended impositions of sentence to the same defendant.

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.

HB 1214: FOR AN ACT ENTITLED, An Act to allow for the acquisition of the fee ownership of highway right-of way land for certain local governments.

HB 1228: FOR AN ACT ENTITLED, An Act to establish an ancillary standard in determining the best interests of a child.

HB 1240: FOR AN ACT ENTITLED, An Act to create the South Dakota need-based grant fund, to provide for the awarding of certain need-based grants, and to repeal provisions relating to tuition equalization grants.

HB 1241: FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged and to revise certain provisions regarding county regulation of fireworks.

HB 1248: FOR AN ACT ENTITLED, An Act to revise the definition of fall enrollment in the state aid to education formula and to eliminate the one-time payments for school districts with increasing enrollments.

HB 1264: FOR AN ACT ENTITLED, An Act to provide for the issuance of free antlerless deer licenses to certain landowners and lessees.

HB 1270: FOR AN ACT ENTITLED, An Act to revise the conditions pursuant to which the state may enter into tax collection agreements with Indian tribes.

HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XIII of the Constitution, relating to the trust fund created from the proceeds of the state cement enterprise sales.

And signed the same in the presence of the Senate.

Sen. Dempster moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on Thursday, March 11, the 36^th legislative day.

Which motion prevailed.

Sen. Miles moved that the Senate do now adjourn, which motion prevailed and at 4:39 p.m. the Senate adjourned.

Trudy Evenstad, Secretary