JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 3, 2009

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

     The prayer was offered by the Chaplain, Rev. Wade Mobley, followed by the Pledge of Allegiance led by Senate pages Shareen Brazil and Shiloh Day.

     Roll Call: All members present except Sen. Turbak Berry 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,
Bob Gray, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS

February 26, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 25, 2009, I approved Senate Bill 20, and the same has 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 Education respectfully reports that it has had under consideration HB  1149 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1067 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1241, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1241cc

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

     "Section 1. That § 13-32-4 be amended to read as follows:

     13-32-4.   The school board of every school district shall assist and cooperate with the administration and teachers in the government and discipline of the schools. The board may suspend or expel from school any student for violation of rules or policies or for insubordination or misconduct, and the superintendent or principal in charge of the school may temporarily suspend any student in accordance with § 13-32-4.2. The rules or policies may include prohibiting the following:

             (1)      The consumption or possession of beer or alcoholic beverages on the school premises or at school activities;
             (2)      The use or possession of a controlled substance, without a valid prescription, on the school premises or at school activities; and
             (3)      The use or possession of a firearm, as provided in § 13-32-7, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions or activities.

     In addition to administrative and school board disciplinary action, any violation of § 13-32-7 shall be reported to local law enforcement authorities.

     The period of expulsion may extend beyond the semester in which the violation, insubordination, or misconduct occurred. Any expulsion for consumption or possession of beer or alcoholic beverages may not extend beyond ninety school days. If a student has intentionally brought a firearm onto school premises, the expulsion may not be for less than twelve months.

     However, the superintendent or chief administering officer of each local school district or system may increase or decrease the length of a firearm-related expulsion on a case-by-case basis. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 to establish administrative due process procedures for the protection of a student's rights. The administrative due process procedures shall include a requirement that the school give notice of a student's due process rights to the parent or guardian of the student at the time of suspension or expulsion. Each school district board shall provide a procedural due process hearing, if requested, for a student in accordance with such rules if the suspension or expulsion of the student extends into the eleventh school day.

     This section does not preclude other forms of discipline which may include suspension or expulsion from a class or activity. An individualized education program team decision for an initial placement or a change in placement of a student in need of special education or special education and related services does not constitute a suspension or an expulsion, or a continuation of a suspension or expulsion, if the education provided to that student is in compliance with rules established by the South Dakota Board of Education.

     This section does not prohibit a local school district from providing educational services to an expelled student in an alternative setting. "

1241cta

     On page 1, line 1, of the House engrossed bill, delete everything after "An Act to" and insert "clarify that certain special education placements are not suspensions or expulsions."

     On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1254 and returns the same with the recommendation that said bill be amended as follows:

1254cc

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

     "Section 1. Public education is hereby enhanced."

1254ctc

     On page 1, line 1, of the House Education Committee engrossed bill, delete everything after "An Act to" and insert "enhance education."

     On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1297 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1167 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1265 and 1268 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060ja

     On page 10, line 20, of the House engrossed bill, delete " and ".

     On page 10, line 21, delete " ; " and insert "; and ".

     On page 10, delete lines 23 and 24, and insert:

    " (7) (6)     Any insurance company or any person acting as an intermediary thereto, if participating in mortgage lending activities solely with its own assets and for its own".


     On page 11, remove the overstrikes from line 1.

1060jd

    On the previously adopted amendment (1060ja), insert " nonresidential " before "mortgage".

    And that as so amended said bill do pass.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1166 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1101 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Gene G. Abdallah, Chair

 Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 6, 7, 22, 29, 31, 61, 65, 84, and 101 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 24, 27, 28, and 123 were delivered to his Excellency, the Governor, for his approval at 11:05 a.m., March 3, 2009.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SCR 3 and 6 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 6, 7, 22, 29, 31, 61, 65, 84, and 101 which have passed the House without change.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 1 and 105 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1012: A CONCURRENT RESOLUTION, Supporting the exploration and development of energy resources.

    Was read the second time.

     Sen. Dempster moved that the Senate do concur in HCR 1012 as found on page 517 of the House Journal.

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

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

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

     Nays:
Ahlers; Bartling; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Merchant; Nesselhuf; Peterson; Vehle

     Excused:
Turbak Berry

     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

     Appropriations on HB 1081 as found on page 570 of the Senate Journal ; also

     State Affairs on HB 1276 as found on page 571 of the Senate Journal be adopted.

     Which motion prevailed.

     Sen. Knudson moved that HB 1276 be referred to the Committee on State Affairs.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1009: FOR AN ACT ENTITLED, An Act to require certain tax refund claims for construction projects and certain documents and records in support of tax refund claims for construction projects to be filed within certain time periods.

     Was read the second time.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak Berry

     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 1112: FOR AN ACT ENTITLED, An Act to establish certain restrictions and requirements related to encumbrances on wind easements.

     Was read the second time.

     The question being "Shall HB 1112 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak Berry

     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 1121: FOR AN ACT ENTITLED, An Act to establish certain procedural requirements related to the relocation of electrical lines, communication lines, and pipelines.

     Was read the second time.

     The question being "Shall HB 1121 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak Berry

     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 1129: FOR AN ACT ENTITLED, An Act to ensure the integrity of pipelines to be used for the transportation of carbon dioxide for the purpose of enhanced oil recovery or geologic carbon sequestration.

     Was read the second time.

     The question being "Shall HB 1129 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak Berry

     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 1145: FOR AN ACT ENTITLED, An Act to revise provisions related to the waiver or reduction of certain special assessments.

     Was read the second time.


     The question being "Shall HB 1145 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak Berry

     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 1243: FOR AN ACT ENTITLED, An Act to modify the requirements regarding the ownership and use of local government endowment funds.

     Was read the second time.

     The question being "Shall HB 1243 pass?"

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

     Excused:
Turbak Berry

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that HB 1240 be deferred to Wednesday, March 4, the 32nd legislative day.


     Which motion prevailed.

     Sen. Knudson moved that HB 1270 be placed to precede HB 1025 on today's calendar.

     Which motion prevailed.

     HB 1251: FOR AN ACT ENTITLED, An Act to impose an additional tax on the proceeds of Deadwood gaming.

     Was read the second time.

     The question being "Shall HB 1251 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; 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; Vehle

     Nays:
Gant

     Excused:
Turbak Berry

     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 1118: FOR AN ACT ENTITLED, An Act to revise the type of slot machines that may be owned or leased by the City of Deadwood.

     Was read the second time.

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

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Knudson; Novstrup (Al)

     Excused:
Turbak Berry

     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 1270: FOR AN ACT ENTITLED, An Act to change the purpose of the veterans affairs special revenue fund.

     Was read the second time.

     The question being "Shall HB 1270 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0

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

     Nays:
Bartling; Bradford; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson

     Excused:
Turbak Berry

     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 1025: FOR AN ACT ENTITLED, An Act to revise the basic salary schedule for county veteran's service officers.

     Was read the second time.

     The question being "Shall HB 1025 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; 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; Vehle

     Nays:
Bartling

     Excused:
Turbak Berry

     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 1031: FOR AN ACT ENTITLED, An Act to increase the maximum allowable expense for erecting certain veteran's grave markers and headstones.

     Was read the second time.

     The question being "Shall HB 1031 pass?"

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

     Excused:
Turbak Berry

     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 1033: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of an addition to the admissions area of the George S. Mickelson Center for the Neurosciences at the Human Services Center.

     Was read the second time.

     The question being "Shall HB 1033 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak Berry

     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 1048: FOR AN ACT ENTITLED, An Act to increase the transfer from the water and environment fund, and increase the solid waste management fee, mining license and permit fees, water right filing and permit application fees, and well driller and pump installer license fees, all of which are deposited in the environment and natural resources fee fund.

     Was read the second time.

     The question being "Shall HB 1048 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0

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

     Nays:
Ahlers; Bartling; Gant; Gillespie; Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Maher; Merchant; Miles; Peterson

     Excused:
Turbak Berry

     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 increase certain fees charged by the Office of the Secretary of State.

     Was read the second time.

     The question being "Shall HB 1069 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent 0

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

     Nays:
Ahlers; Bartling; Gant; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Peterson

     Excused:
Turbak Berry

     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 1173: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

     Was read the second time.

     The question being "Shall HB 1173 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak Berry

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

     Sen. Knudson moved that HB 1239, 1177, 1255, and 1233 be deferred to Wednesday, March 4, the 32nd legislative day.

     Which motion prevailed.

COMMEMORATION

     SC 14  Introduced by:  Senator Howie

         A LEGISLATIVE COMMEMORATION,  Honoring the life of Charles E. Hunt, of Rapid City, South Dakota.

     WHEREAS,  Charles E. Hunt was the loving husband, father, and grandfather, to his wife Glorine, to his children Bonnie, Kathy, Charles Patrick, and Roxanne, and to his grandchildren whom he cherished; and

     WHEREAS,  Charles earned his Masters of Divinity from Dubuque Theological Seminary and then went on to found Three Crosses Ranch in northeast Iowa, a working cattle ranch with fertile farm land which served as a haven where many juvenile delinquent boys found the Lord and learned to lead productive lives. Charles later served as a part time minister at Big Bend Presbyterian Church in Rapid City. He was "the law" at Circle B Chuckwagon Suppers for many years and ran the Sunday church service at the ranch for twelve years; and

     WHEREAS,  Charles founded Old West Escrow Co., which still handles hundreds of contracts for deeds in all states and many countries. Charles was a member of Western Writers of America, a distinguished organization, where he published two books of cowboy poetry which focused on keeping the spirit of the west alive. He also wrote a weekly column for the Tri-State Livestock News, "Scenes from the Saddle"; and

     WHEREAS,  Charles once wrote a short poem summing up his philosophy:

Someone cried, "Where must the seed be sown
to bring the most fruit when it's grown?"
The Master heard as he said and smiled,
"Go plant it for me in the heart of a child."

Across the fields of yesterday
he sometimes comes to me -
little lad, just back from play,
the boy I used to be.
And then he smiles so wistfully,
Once he has crept within,
I sometimes wonder if he hopes to see
The man I might have been.


     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Charles E. Hunt be commended on his dedication to his family, his savior Jesus Christ, and the people of South Dakota.

SIGNING OF BILLS

     The President publicly read the title to

     SB 6: FOR AN ACT ENTITLED, An Act to  revise certain requirements regarding the code.

     SB 7: FOR AN ACT ENTITLED, An Act to  codify legislation enacted in 2008.

     SB 22: FOR AN ACT ENTITLED, An Act to  authorize counties to borrow funds for the construction and operation of solid waste management facilities through the issuance of revenue bonds and to set rates in an amount sufficient to retire the bonds.

     SB 29: FOR AN ACT ENTITLED, An Act to  revise the requirements for replacement or discontinuance of group life insurance policies.

     SB 31: FOR AN ACT ENTITLED, An Act to  revise certain labeling requirements for gasoline or gasoline blends.

     SB 61: FOR AN ACT ENTITLED, An Act to  update certain citations to federal regulations regarding pipeline safety inspection.

     SB 65: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to child support.

     SB 84: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to collateral real estate mortgages.

     SB 101: FOR AN ACT ENTITLED, An Act to  clarify the school residence of a child assigned to an approved out of district special education residential or tuition day program when the residence of the child's parent or guardian changes.

     HB 1057: FOR AN ACT ENTITLED, An Act to  revise the maximum reimbursement for workers' compensation burial expenses.

     HB 1080: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to internet and mail order sales of cigarettes and tobacco products.

     HB 1103: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding limited partnerships and limited liability companies related to the rights of judgment creditors.

     HB 1122: FOR AN ACT ENTITLED, An Act to  require that prosecutors notify victims of domestic abuse regarding the status of their case.

     HB 1123: FOR AN ACT ENTITLED, An Act to  remove certain sanctions related to public assistance for certain felony drug offenders.

     HB 1134: FOR AN ACT ENTITLED, An Act to  require notice of the cost of certain public notices.

     HB 1138: FOR AN ACT ENTITLED, An Act to  provide for the defeasance of the Commission on the Status of Women.

     HB 1150: FOR AN ACT ENTITLED, An Act to  revise certain requirements for any person to sell motorcycles at an event and to provide a penalty for violation thereof.

     HB 1155: FOR AN ACT ENTITLED, An Act to  require that the testing of blood samples of suspects of sexual assault be initiated within a specified time.

     HB 1158: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to private placement policies.

     HB 1197: FOR AN ACT ENTITLED, An Act to  allow single-family dwellings that are under construction or listed for sale by contractors to be classified as owner-occupied single- family dwellings for the purpose of taxation.

     HB 1202: FOR AN ACT ENTITLED, An Act to  permit certain persons with insulin- treated diabetes mellitus to get an endorsement on a commercial driver license to drive a school bus.

     HB 1205: FOR AN ACT ENTITLED, An Act to  permit an applicant for a responsible broker's license to complete the required fifteen hours of education beyond the broker associate level after licensure as a responsible broker.

     HB 1231: FOR AN ACT ENTITLED, An Act to  increase the exemption on the proceeds of the sale of certain homesteads.


     HB 1238: 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 and to declare an emergency.

     And signed the same in the presence of the Senate.

     Sen. Peterson moved that the Senate do now adjourn, which motion prevailed and at 3:27 p.m. the Senate adjourned.

Trudy Evenstad, Secretary