Senate Journal 3/2/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 2, 2011

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

The prayer was offered by the Chaplain, Rev. Mike Bishop, followed by the Pledge of Allegiance led by Senate page Kaitlynn Wornson.

Roll Call: All members present except Sen. Gray 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 thirtieth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 3, of the House Local Government Committee engrossed bill, after "§ 46A-18-2.1" insert "and section 4 of this Act".

On page 2, line 8, after "§ 46A-18-2.1" insert "and section 4 of this Act".

On page 2, delete lines 14 to 24, inclusive, and insert:

"Section 3. That § 46A-18-2.1 be amended to read as follows:

46A-18-2.1. Except as provided in section 4 of this Act, and except as otherwise provided in this chapter, no person may vote in any election held pursuant to this chapter unless the person is a qualified voter of the water project district. A qualified voter of the district is a person who is a registered voter and a resident of the district. If the election is conducted based on director divisions, no person may vote in the election unless the person is a qualified voter of the person's respective director division. A qualified voter of a director division is a person who is a registered voter and a resident of the director division.

Section 4. That chapter 46A-18 be amended by adding thereto a NEW SECTION to read as follows:

If fewer than one hundred fifty persons reside within the boundaries of an existing water project district on July 1, 2011, the board of directors of the district may, by a resolution adopted not later than July 1, 2014, specify that a qualified voter of the district or director division is an owner of real property located within the district or director division, rather than a registered voter and resident of the district or director division.

For purposes of this section, the term, owner of real property, includes any person listed as the owner of real property in the records in the office of the register of deeds of the county in which the property is located. If real property is sold under a contract for deed that is of record in the office of the register of deeds, the purchaser of the real property, as named in the contract for deed, is treated as the owner. A landowner or joint landowners who own a tract of land within the district are entitled to one vote collectively. The vote of any person who is a minor or a protected person as defined by § 29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person."

On page 3, delete lines 1 and 2.

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

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1194 and 1230 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. Notwithstanding the provisions of § 2-1-2, if a qualified initiative is filed in the Office of the Secretary of State by the first Tuesday in August 2011, the secretary of state shall provide for a special election on November 8, 2011, and shall submit the qualified initiative to the voters for their approval.

Section 2. Any initiative approved at the special election of November 8, 2011, shall become effective on January 1, 2012.

Section 3. This Act will expire on September 1, 2011, if no initiative has been submitted by a sufficient number of voters on or before the date set in section 1 of this Act."

On page 1, line 1, of the printed bill, delete everything after "to" and insert "provide for a special initiative process during the 2011 interim."

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Paul R. Christen of Beadle County, Huron, South Dakota, to the South Dakota Science and Technology Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1240 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the House Judiciary Committee engrossed bill, delete everything after "." and insert "The party challenging the presumption must overcome the presumption by the greater convincing force of the evidence."

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

On page 2, line 3, delete everything after "," and insert "the court may order the parties to submit to a preselected mediator. If the parties cannot agree on the residency of the child, the court shall determine the child's primary residence. If the court finds that a party has overcome the presumption in favor of joint physical custody, the court shall use the best interests of the child to make its determination for custodial arrangements. This Act does not apply to any child custody case filed on or before June 1, 2008."

On page 2, delete line 4.

On page 2, after line 4, insert:

"Section 2. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable."

And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 8, 43, 64, 103, 111, 113, 120, 122, 125, 147, 168, 184, 189, and 192 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 24, 66, 95, 108, 129, and 142 were delivered to his Excellency, the Governor, for his approval at 9:47 a.m., March 2, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 186 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1034.

Also MR. PRESIDENT:

I have the honor to return herewith SB 8, 43, 64, 103, 111, 113, 120, 122, 125, 147, 168, 184, 189, and 192 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 68, 130, and 146 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. Cronin, Boomgarden, 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 on SB 96.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1085 and 1173.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Maher moved that the Senate do concur in House amendments to SB 55.

The question being on Sen. Maher's motion that the Senate do concur in House amendments to SB 55.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Gray

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, Recognizing March 2, 2011, as Law Enforcement Appreciation Day in South Dakota.

Was read the second time.

Sen. Tieszen moved that the Senate do concur in HCR 1013 as found on page 531 of the House Journal.

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

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Gray

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.

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, March 3, the 32^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1208 as found on page 566 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Hansen moved that the word NOT be stricken from the report of the Committee on Commerce and Energy on HB 1144 as found on page 567 of the Senate Journal and that HB 1144 be placed on the calendar of Monday, March 7, the 33^rd legislative day.

The question being on Sen. Hansen's motion that the word NOT be stricken from the report of the Committee on Commerce and Energy on HB 1144 and that HB 1144 be placed on the calendar of Monday, March 7, the 33^rd legislative day.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Begalka; Frerichs; Hansen (Tom); Haverly; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Rampelberg; Rave; Schlekeway; Sutton; Tieszen

Nays:
Adelstein; Bradford; Brown; Buhl; Cutler; Fryslie; Garnos; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Olson (Russell); Peters; Putnam; Rhoden; Tidemann; Vehle

Excused:
Gray

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1040: FOR AN ACT ENTITLED, An Act to provide jurisdiction for clerk magistrates to accept certain penalties.

Was read the second time.

The question being "Shall HB 1040 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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 1069: FOR AN ACT ENTITLED, An Act to define electronic communication devices for certain crimes involving threatening or harassing calls.

Was read the second time.

The question being "Shall HB 1069 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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 1155: FOR AN ACT ENTITLED, An Act to revise various trust provisions.

Was read the second time.

The question being "Shall HB 1155 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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 1180: FOR AN ACT ENTITLED, An Act to revise and repeal certain outdated provisions regarding land surveying.

Was read the second time.

The question being "Shall HB 1180 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of new or used vehicles and the sale of certain emergency vehicles.

Was read the second time.

The question being "Shall HB 1256 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1157: FOR AN ACT ENTITLED, An Act to revise the rate of the insurance company premium and annuity taxes applied to court appearance bonds and to establish an annual fee for certificate of authority for domestic insurers issuing court appearance bonds.

Was read the second time.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Bradford

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 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses issued at the county fairgrounds.

Was read the second time.

The question being "Shall HB 1174 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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 1215: FOR AN ACT ENTITLED, An Act to repeal certain refund provisions of the motor fuel tax for certain nonhighway agricultural use of motor fuels and to provide for the distribution of such motor fuel tax.

Was read the second time.

Sen. Olson moved the previous question.

Which motion prevailed.

The question being "Shall HB 1215 pass as amended?"

And the roll being called:

Yeas 26, Nays 8, Excused 1, Absent 0

Yeas:
Adelstein; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Peters; Rampelberg; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Bradford; Brown; Novstrup (Al); Olson (Russell); Putnam; Rave; Rhoden

Excused:
Gray

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1217: FOR AN ACT ENTITLED, An Act to establish certain legislative findings pertaining to the decision of a pregnant mother considering termination of her relationship with her child by an abortion, to establish certain procedures to better insure that such decisions are

voluntary, uncoerced, and informed, and to revise certain causes of action for professional negligence relating to performance of an abortion.

Was read the second time.

Sen. Peters moved that HB 1217 be further amended as follows:

On page 1 of the House engrossed bill, delete lines 7 to 13, inclusive.

On page 2, delete lines 1 to 17, inclusive.

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Peters' motion that HB 1217 be further amended.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Fryslie; Haverly; Hundstad; Johnston; Krebs; Nelson (Tom); Nygaard; Peters; Tidemann; Tieszen; Vehle

Nays:
Begalka; Brown; Garnos; Hansen (Tom); Heineman; Holien; Hunhoff (Jean); Kraus; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton

Excused:
Gray

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

Sen. Peters moved that HB 1217 be further amended as follows:

On page 5 of the House engrossed bill, delete lines 23 and 24, and insert:

"Each pregnancy help center located in the state of South Dakota shall register with the Department of Health and submit a registration fee not to exceed one hundred dollars. The registration expires annually. The department shall publish a list of all pregnancy help centers

that have registered. Each pregnancy help center listed on the registry shall submit an affidavit that certifies that:".

On page 6, delete lines 1 to 3, inclusive.

On page 7, line 4, delete "written requests or".

On page 12, after line 15, insert:

"Section 12. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

The Department of Health shall, pursuant to chapter 1-26, promulgate rules in the following areas:

(1) Initial registration fee and annual renewal fee;

(2) Registration and renewal process; and

(3) Registry distribution process and timeline.

Section 13. All moneys received by the Department of Health pursuant to this Act shall be deposited by the department with the state treasurer. The state treasurer shall credit the moneys to the pregnancy help center registration fund. Expenditure from this fund shall only be paid on warrants drawn by the state auditor and approved by the department.

Section 14. Any expenditure of money from the pregnancy help center registration fund shall be made only upon appropriation by the Legislature through either the general appropriations act or a special appropriations bill other than sections 15 and 16 of this Act.

Section 15. There is hereby appropriated from the general fund the sum of forty thousand dollars ($40,000), or so much thereof as may be necessary, to the Department of Health for the purpose of implementing the provisions of this Act.

Section 16. There is hereby appropriated the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, in other fund expenditure authority to the Office of the Attorney General for the purpose of assisting with expenses regarding this Act.

Section 17. The secretary of health and the attorney general shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Peters' motion that HB 1217 be further amended.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Fryslie; Haverly; Hundstad; Johnston; Nelson (Tom); Nygaard; Peters; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Brown; Garnos; Hansen (Tom); Heineman; Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway

Excused:
Gray

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

Sen. Cutler moved that HB 1217 be further amended as follows:

On page 10 of the House engrossed bill, delete lines 15 to 24, inclusive.

On page 11, delete lines 1 to 24, inclusive.

On page 12, delete lines 1 to 7, inclusive.

Sen. Cutler requested a roll call vote.

Which request was supported.

The question being on Sen. Cutler's motion that HB 1217 be further amended.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Haverly; Hundstad; Johnston; Nelson (Tom); Nygaard; Peters; Rampelberg; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Brown; Fryslie; Garnos; Hansen (Tom); Heineman; Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam; Rave; Rhoden; Schlekeway

Excused:
Gray

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

Sen. Buhl moved that HB 1217 be further amended as follows:

On page 12, after line 15 of the House engrossed bill, insert:

"Section 12. No public funds may be expended by the Office of the Attorney General or any other division of state government, either through general or special appropriation, to defend the constitutionality of this Act in any federal court other than privately donated contributions deposited in the life protection subfund of the extraordinary litigation fund."

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Buhl's motion that HB 1217 be further amended.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Haverly; Hundstad; Johnston; Maher; Nelson (Tom); Nygaard; Peters; Rampelberg; Sutton; Tidemann; Tieszen

Nays:
Begalka; Brown; Fryslie; Garnos; Hansen (Tom); Heineman; Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Novstrup (Al); Olson (Russell); Putnam; Rave; Rhoden; Schlekeway; Vehle

Excused:
Gray

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

Sen. Olson moved the previous question.

Which motion prevailed.

The question being "Shall HB 1217 pass as amended?"

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Begalka; Brown; Frerichs; Fryslie; Garnos; Hansen (Tom); Heineman; Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton

Nays:
Adelstein; Bradford; Buhl; Cutler; Haverly; Hundstad; Johnston; Nelson (Tom); Nygaard; Peters; Tidemann; Tieszen; Vehle

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.

Sen. Olson moved that HB 1033, 1062, 1067, 1130, 1148, 1154, 1228, 1231, 1232, 1234, and 1244 be deferred to Thursday, March 3, the 32^nd legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district unreserved fund balances.

SB 10: FOR AN ACT ENTITLED, An Act to appropriate certain funds for the construction of a new dairy manufacturing plant at South Dakota State University and to declare an emergency.

SB 11: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources fund to the State Conservation Commission and to declare an emergency.

SB 12: FOR AN ACT ENTITLED, An Act to provide for a Visitation Grant Advisory Group.

SB 13: FOR AN ACT ENTITLED, An Act to revise certain evidentiary rules relating to the statements of children.

SB 20: FOR AN ACT ENTITLED, An Act to remove the requirement of a prior felony conviction for a fourth and subsequent driving under the influence offenses.

SB 22: FOR AN ACT ENTITLED, An Act to provide for the regulation and licensure of birth centers.

SB 32: FOR AN ACT ENTITLED, An Act to revise the time period to update certain sex offender registration information and to require the collection of passport and professional license information for such registration purposes.

SB 34: FOR AN ACT ENTITLED, An Act to create the crime of possessing, selling, or distributing certain substances intended for the purpose of intoxication.

SB 36: FOR AN ACT ENTITLED, An Act to add a tribal member who is a certified law enforcement officer to the Law Enforcement Officers Standards Commission.

SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding what organizations qualify for an exemption from sales tax as a relief agency or a religious educational institution.

SB 43: FOR AN ACT ENTITLED, An Act to revise certain health insurance standards for patient protection.

SB 46: FOR AN ACT ENTITLED, An Act to provide that the state treasurer shall receive certain cost penalties in certain alcoholic beverage cases.

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for renovation of the nursing care building on the South Dakota Veterans' Home campus and to declare an emergency.

SB 52: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Military and Veterans Affairs to provide for the design, construction, and equipping of the veterans home near Hot Springs and to declare an emergency.

SB 64: FOR AN ACT ENTITLED, An Act to provide that interest paid on negative balances in employers' experience rating accounts be credited to their experience rating accounts.

SB 67: FOR AN ACT ENTITLED, An Act to reduce the minimum size for improvement districts.

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to county veterans memorials.

SB 89: FOR AN ACT ENTITLED, An Act to clarify a municipality's ability to assess a fee for street maintenance.

SB 94: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to building energy codes.

SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the employment of a city manager and to declare an emergency.

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning special alcoholic beverage licenses issued in conjunction with special events.

SB 111: FOR AN ACT ENTITLED, An Act to extend for two years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs.

SB 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice requirements for changes in zoning requested by landowners.

SB 119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to sureties for water user district treasurers.

SB 120: FOR AN ACT ENTITLED, An Act to revise the amount of compensation that water user district directors may receive.

SB 122: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the expenditure of water user district funds.

SB 125: FOR AN ACT ENTITLED, An Act to revise the time period for computing unemployment insurance employer contribution rates.

SB 139: FOR AN ACT ENTITLED, An Act to exempt from state regulation certain medical foster home care for veterans.

SB 147: FOR AN ACT ENTITLED, An Act to expand the application of nexus for the purpose of collecting sales and use taxes owed to the state.

SB 168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain state purchases of supplies and services.

SB 184: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

SB 189: FOR AN ACT ENTITLED, An Act to revise certain budgetary provisions relating to certain funds received from the federal government.

SB 192: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

HB 1007: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to issue revenue bonds to provide for maintenance and repair on facilities controlled by the Board of Regents and to provide appropriations therefor.

HB 1041: FOR AN ACT ENTITLED, An Act to revise the statutory duties of the presiding judge of each judicial circuit.

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain prairie dog shooting season provisions.

HB 1051: FOR AN ACT ENTITLED, An Act to provide deadlines for the transmission of voter registration files.

HB 1056: 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 1058: FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for the purpose of supplemental automobile liability insurance.

HB 1070: FOR AN ACT ENTITLED, An Act to prohibit school districts from employing school counselors who are not certified.

HB 1114: FOR AN ACT ENTITLED, An Act to revise the conditions under which contracts with local officials are permitted.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the extraterritorial jurisdiction of municipalities.

HB 1119: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

HB 1139: FOR AN ACT ENTITLED, An Act to remove the prohibition against certain appointive officers lobbying after completing their service in state government.

HB 1146: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for chiropractic services.

HB 1169: FOR AN ACT ENTITLED, An Act to provide for the enlargement of special zoning areas, to revise certain provisions regarding special zoning areas, and to provide for the appointment of special zoning area commissions.

HB 1192: FOR AN ACT ENTITLED, An Act to increase certain registration fees for the use of motor vehicles on the public highways.

HB 1216: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the use of ethanol blender pumps by retailers.

HB 1246: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.

HB 1247: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property and sales tax refunds for certain elderly persons and persons with a disability.

HB 1249: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2011 state aid to special education appropriation to fiscal year 2012.

And signed the same in the presence of the Senate.

SC 19 Introduced by: Senators Putnam, Begalka, Bradford, Brown, Frerichs, Garnos, Hansen (Tom), Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Maher, Novstrup (Al), Nygaard, Olson (Russell), Rampelberg, Schlekeway, Sutton, Tidemann, and Vehle and Representatives Kloucek, Bolin, Brunner, Cronin, Deelstra, Dennert, Dryden, Fargen, Gibson, Gosch, Greenfield, Hawley, Hubbel, Hunhoff (Bernie), Kirschman, Lucas, Magstadt, Moser, Munsterman, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Stricherz, Tornow, Van Gerpen, and Venner

A LEGISLATIVE COMMEMORATION, Honoring and commemorating the town of Armour on its quasquicentennial celebration.

WHEREAS, the town of Armour which was founded in 1885, was named after Philip D. Armour, the founder of Armour and Company, a meat packing corporation; and

WHEREAS, contrary to popular belief, Armour was never home to a meat packing plant; the town was so named because Mr. Armour was also the chairman of the Milwaukee Railroad that went through Armour and donated a bell to the local Congregational church; and

WHEREAS, the first train arrived in Armour on October 8, 1886, bring in twenty cars of lumber, coal, and merchandise to build a section house, depot, roundhouse, turntable, and stockyards. The railroad became the building base for the town of Armour; and

WHEREAS, the people of Armour have demonstrated a strong community spirit over the years with their support for local programs and fundraisers, sports, and school events; and

WHEREAS, the town of Armour will celebrate the 125^th anniversary of its founding from July 1-4, 2011, with events such as the VFW breakfast, car show, poker run, bingo, arts in the park, banquet, dance, parade, BBQ, lawnmower races, and fireworks:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the town of Armour be honored and recognized on its quasquicentennial celebration.

Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 5:01 p.m. the Senate adjourned.

Trudy Evenstad, Secretary