2011 Session - Senate Journals

The prayer was offered by the Chaplain, Rev. Howard Grinager, followed by the Pledge of Allegiance led by Senate pages Raquel Hohn and Cassandra Mraz.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-third day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 3, 2011

Mr. President and Members of the Senate:

I have the honor to inform you that on March 3, 2011, I approved Senate Bills 1, 2, 4, 6, 23, 25, 26, 27, 28, 37, 40, 45, 59, 70, 110, and 112, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 7, 2011

Mr. President and Members of the Senate:

I have the honor to inform you that on March 7, 2011, I approved Senate Bills 24, 38, 53, 61, 62, 66, 75, 90, 95, 106, 108, 129, and 142, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 48, 65, 77, 80, 102, 109, 151, 193, and 194 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 55, 57, 93, 101, 114, 121, 158, and 187 were delivered to his Excellency, the Governor, for his approval at 10:28 a.m., March 8, 2011.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 48, 65, 102, 193, and 194 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 99 and 124 were lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to return herewith SB 33, 35, 44, 133, 173, 176, and 191 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 8: A CONCURRENT RESOLUTION, Supporting and encouraging efforts by the South Dakota Department of Corrections to reduce recidivism rates among juvenile offenders and to promote community-based services for juvenile offenders in lieu of residential placement.

Having had its second reading was up for consideration.

Sen. Lederman moved that SCR 8 as found on page 626 of the Senate Journal be adopted.

The question being on Sen. Lederman's motion that SCR 8 be adopted.

Sen. Olson moved as a substitute motion that SCR 8 be laid on the table.

The question being on Sen. Olson's motion that SCR 8 be laid on the table.

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Begalka; Bradford; Buhl; Hundstad; Maher; Sutton

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

CONSIDERATION OF REPORTS OF COMMITTEE S

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

State Affairs on HB 1110 as found on page 621 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Cutler moved that the words "without recommendation" be stricken from the report of the Committee on Judiciary on HB 1184, that the words "do pass" be inserted, and that the bill be placed to precede HB 1141 on the calendar of Tuesday, March 8 the 34^th legislative day.

The question being on Sen. Cutler's motion that the words "without recommendation" be stricken from the report of the Committee on Judiciary on HB 1184, that the words "do pass" be inserted, and that the bill be placed to precede HB 1141 on the calendar of Tuesday, March 8 the 34^th legislative day.

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Hundstad; Kraus; Nelson (Tom); Nygaard; Rhoden; Sutton

Nays:
Begalka; Brown; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway; Tidemann; Tieszen; Vehle

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 1079: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the purchase of firearms by out-of-state residents.

Was read the second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; 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

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. Olson moved that HB 1141 be placed to follow HB 1245 on today's calendar.

Which motion prevailed.

Sen. Olson moved that HB 1194 and 1235 be placed to precede HB 1110 on today's calendar.

Which motion prevailed.

HB 1145: FOR AN ACT ENTITLED, An Act to provide for the identification of the law applicable to certain claims for damages.

Was read the second time.

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

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Cutler; Holien; Hundstad; Nygaard; Sutton

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 1219: FOR AN ACT ENTITLED, An Act to extend certain protections against precipitous eviction to certain long-term tenants at will.

Was read the second time.

The question being "Shall HB 1219 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Maher; Novstrup (Al)

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 1221: FOR AN ACT ENTITLED, An Act to establish a task force on teen driving safety.

Was read the second time.

The question being "Shall HB 1221 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Maher; Peters

Excused:
Brown

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 1242: FOR AN ACT ENTITLED, An Act to authorize the use of tribal identification cards as the equivalent of certain state-issued documents for identification purposes.

Was read the second time.

The question being "Shall HB 1242 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; 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:
Brown

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 1255: FOR AN ACT ENTITLED, An Act to provide for the award of joint physical custody of children under certain circumstances.

Was read the second time.

1255rd

Sen. Olson moved that HB 1255 be further amended as follows:

On page 2, line 8, of the Senate Health and Human Services Committee engrossed bill, delete "June 1, 2008" and insert "the effective date of this Act".

Which motion prevailed.

The question being "Shall HB 1255 pass as amended?"

And the roll being called:

Yeas 13, Nays 20, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Frerichs; Garnos; Gray; Heineman; Johnston; Krebs; Lederman; Nelson (Tom); Olson (Russell); Putnam; Schlekeway

Nays:
Adelstein; Buhl; Cutler; Fryslie; Hansen (Tom); Haverly; Holien; Hundstad; Hunhoff (Jean); Kraus; Maher; Novstrup (Al); Nygaard; Peters; Rampelberg; Rhoden; Sutton; Tidemann; Tieszen; Vehle

Excused:
Brown; Rave

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

Sen. Olson moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 12:01 p.m., the Senate recessed.

RECESS

The Senate reconvened at 3:00 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE

Cc96A

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 96 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 96 be amended as follows:

96ja

On page 5, between lines 15 and 16 of the House Local Government Committee engrossed bill, insert:

"Any document that does not conform to the requirements of subdivisions (1) to (6), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority."

96td

On page 1, line 9, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

On page 2, line 12, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

On page 2, between lines 23 and 24, insert:

"Twenty percent of the recording fee collected pursuant to subdivisions 7-9-1(1), (3), and (4) shall be deposited in the county register of deeds technology expense relief fund created pursuant to section 8 of this Act."

On page 5, after line 23 of the House Local Government Committee engrossed bill, insert:

"Section 8. There is established a county registers of deeds technology expense relief fund administered by the South Dakota Association of County Officials and the county registers of deeds technology expense relief board. Expenditures from the fund, including the cost to administer the program, shall be approved by the board.

Moneys in the county registers of deeds technology expense relief fund may not be considered state funds. The fund is a supplemental fund and may not be construed to diminish the duty of the county governing body to provide funding for all salaries, expenses, and personnel necessary in the performance of the duties of the office pursuant to chapter 7-9 and to comply with the requirements of §§ 7-7-9.1, 7-7-10.1, and 7-8-20.

Section 9. There is established a county technology expense relief board to consist of the county registers of deeds elected to the executive board of the South Dakota Association of

County Officials. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.

Section 10. The board established in section 9 of this Act shall promulgate administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for policies to facilitate the administration and distributions associated with the county registers of deeds technology expense relief fund.

Section 11. The county register of deeds shall credit the fee deposited in the county registers of deeds technology expense relief fund pursuant to § 7-9-15 on or before the fifteenth day of the month following the collection of the recording fees.

Section 12. The fiscal year for the fund shall run July first to June thirtieth. Prior to July thirty-first, the board shall compute each county's share as provided in sections 13 of this Act. The board shall certify each county's share of the total fund and remit the share to the county auditor on or before the second Tuesday in August of each year.

Section 13. Each county shall receive from the county registers of deeds technology expense relief fund assessment the following portions of the fund:

AURORA	1.033 %
BEADLE	2.945 %
BENNETT	0.562 %
BON HOMME	1.247 %
BROOKINGS	3.034 %
BROWN	4.671 %
BRULE	1.078 %
BUFFALO	0.249 %
BUTTE	1.173 %
CAMPBELL	0.667 %
CHARLES MIX	1.621 %
CLARK	1.318 %
CLAY	1.487 %
CODINGTON	2.872 %
CORSON	0.971 %
CUSTER	0.773 %
DAVISON	2.399 %
DAY	1.740 %
DEUEL	1.063 %
DEWEY	0.636 %
DOUGLAS	0.811 %
EDMUNDS	1.193 %
FALL RIVER	1.035 %
FAULK	0.986 %
GRANT	1.822 %
GREGORY	1.276 %
HAAKON	0.871 %
HAMLIN	1.025 %
HAND	1.274 %
HANSON	0.758 %
HARDING	0.802 %
HUGHES	1.720 %
HUTCHINSON	1.724 %
HYDE	0.518 %
JACKSON	0.580 %
JERAULD	0.707 %
JONES	0.546 %
KINGSBURY	1.527 %
LAKE	1.703 %
LAWRENCE	1.825 %
LINCOLN	2.069 %
LYMAN	0.953 %
McCOOK	1.066 %
McPHERSON	1.026 %
MARSHALL	1.286 %
MEADE	2.055 %
MELLETTE	0.553 %
MINER	0.944 %
MINNEHAHA	10.463 %
MOODY	1.308 %
PENNINGTON	5.862 %
PERKINS	1.418 %
POTTER	0.878 %
ROBERTS	1.881 %
SANBORN	0.874 %
SHANNON	0.297 %
SPINK	2.164 %
STANLEY	0.594 %
SULLY	0.803 %
TODD	0.536 %
TRIPP	1.633 %
TURNER	1.705 %
UNION	1.605 %
WALWORTH	1.144 %
YANKTON	2.296 %
ZIEBACH	0.418 %

For purposes of this section, consolidated counties are considered as one county.

Section 14. On the second Tuesday in August of each year, the board shall disburse each county's share to the county auditor. At the approval of the county commissioners, the disbursement shall be used to obtain, maintain, and update technology and equipment used to provide services for the office of the register of deeds. The first disbursement of this fund may not occur before August 14, 2012.

Section 15. The county registers of deeds technology expense relief fund shall be audited annually by the appropriate auditing agency.

Section 16. The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of sections 8 to 17, inclusive, of this Act. The administration and expenditure of these funds shall be in accordance with the provisions of sections 8 to 17, inclusive, of this Act.

Section 17. If the county registers of deeds technology expense relief fund is discontinued, the board shall equally distribute the money in the fund to each county."

96fta

On page 1, line 2, of the House Local Government Committee engrossed bill, after "deeds" insert "to designate a portion of the fees to a county registers of deeds technology expense relief fund, and to create a fund and board to distribute and administer the fees deposited in the fund".

Respectfully submitted,    Respectfully submitted,
Justin Cronin    Timothy Rave
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 31 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 136 was tabled.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

HB 1093: FOR AN ACT ENTITLED, An Act to revise the criteria used to exempt certain school districts from the requirement to reorganize.

Was read the second time.

The question being "Shall HB 1093 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Nygaard

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 1194: FOR AN ACT ENTITLED, An Act to establish the State of South Dakota endowment fund.

Was read the second time.

The question being "Shall HB 1194 pass as amended?"

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Cutler; Frerichs; Garnos; Hansen (Tom); Heineman; Johnston; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tieszen

Nays:
Bradford; Brown; Buhl; Fryslie; Gray; Haverly; Holien; Hundstad; Hunhoff (Jean); Nelson (Tom); Olson (Russell); Peters; Putnam; Tidemann; Vehle

Excused:
Nygaard

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 1235: FOR AN ACT ENTITLED, An Act to create the Board of Regents performance improvement fund and make an appropriation therefor.

Was read the second time.

1235mb

Sen. Haverly moved that HB 1235 be further amended as follows:

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

"Section 1. There is hereby created a special fund known as the Board of Regents performance improvement fund. All money in the Board of Regents performance improvement fund is dedicated for the purposes of leveraging non-state grant funding for research infrastructure and improving postsecondary students' academic success. Interest earned on money in the fund shall be deposited into the fund. Expenditures from this fund shall be appropriated through the normal budgeting process.

Section 2. The Board of Regents may accept for the purposes of this Act any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10.

Section 3. There is hereby appropriated from the general fund the sum of one million five hundred thousand dollars ($1,500,000), or so much thereof as may be necessary, to the Board of Regents performance improvement fund.

Section 4. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

Which motion prevailed.

The question being "Shall HB 1235 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Bradford; Hunhoff (Jean); Kraus; Maher

Excused:
Nygaard

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

The question being on the title.

1235mtb

Sen. Haverly moved that the title to HB 1235 be amended as follows:

On page 1, line 1, of the House Education Committee engrossed bill, delete everything after "An Act to" and insert "create the Board of Regents performance improvement fund and make an appropriation therefor."

On page 1, delete lines 2 and 3.

Which motion prevailed.

HB 1110: FOR AN ACT ENTITLED, An Act to appropriate funding for the purpose of a one-time increase in state aid to education.

Was read the second time.

1110aa

Sen. Olson moved that HB 1110 be further amended as follows:

On page 1, line 4, of the Senate State Affairs Committee engrossed bill, delete "one dollar ($1)" and insert "twelve million two hundred twenty-two thousand ninety-six dollars ($12,222,096)".

Which motion prevailed.

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

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Novstrup (Al)

Excused:
Nygaard

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 1233: FOR AN ACT ENTITLED, An Act to limit liability from damages caused by certain aviation products.

Was read the second time.

The question being "Shall HB 1233 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Nygaard

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 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the travel reimbursements for county veterans' service officers.

Was read the second time.

The question being "Shall HB 1245 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Frerichs

Excused:
Johnston; Nygaard

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 1141: FOR AN ACT ENTITLED, An Act to provide for a special initiative process during the 2011 interim.

Was read the second time.

1141fb

Sen. Nelson moved that HB 1141 be further amended as follows:

On the Senate State Affairs Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

Sen. Maher requested a roll call vote.

Which request was supported.

The question being on Sen. Nelson's motion that HB 1141 be further amended.

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Brown; Buhl; Fryslie; Hansen (Tom); Haverly; Heineman; Holien; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tieszen

Nays:
Adelstein; Begalka; Bradford; Cutler; Frerichs; Garnos; Gray; Hundstad; Hunhoff (Jean); Johnston; Lederman; Sutton; Tidemann; Vehle

Excused:
Nygaard

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

The question being "Shall HB 1141 pass as amended?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

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

Nays:
Bradford; Garnos; Gray; Hundstad; Johnston; Sutton

Excused:
Maher; Nygaard

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 when we adjourn today, we adjourn to convene at 10:00 a.m. on Wednesday, March 9, the 35^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 20 Introduced by: Senators Rhoden and Maher and Representatives Brunner, Olson (Betty), and Wink

A LEGISLATIVE COMMEMORATION, Commemorating the 100th anniversary of the Belle Fourche Chamber of Commerce.

WHEREAS, in 1911 a group of progressive business and professional people residing in the city of Belle Fourche saw the rights and benefits of banding together in an official organization to promote the commercial, civic, and general interests of their community and trade area; and

WHEREAS, the Belle Fourche Chamber of Commerce has been a strength and support of the economic community not only for Belle Fourche and Butte County, but also for an extended agricultural community in the Tri-State area; and

WHEREAS, the Belle Fourche Chamber of Commerce has taken leadership in promotion and development of the Black Hills Roundup and the business and professional community have long been supporters of commercial, sports, civic, agricultural, and youth events; and

WHEREAS, since 1959, Belle Fourche has been named the closest city to the geographical center of the United States and since 2007, the Belle Fourche Chamber of Commerce led the way to establishment of a significant South Dakota granite monument of national recognition of the city as the official geographic center of the United States; and

WHEREAS, the Belle Fourche Chamber of Commerce anchors the Center of the Nation Visitor Center that includes the Center of the Nation monument park, Tri-State Museum, and historic Johnny Spaulding cabin, and is the northwestern gateway to the Black Hills, prairies, and other wonders of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Belle Fourche Chamber of Commerce be commended for its leadership and commitment to its community, its state, and its region and on April 8, 2011, the people of Belle Fourche shall commemorate the one hundredth anniversary of the founding of its community's chamber of commerce located at the beautiful fork of three rivers where the Black Hills meet the rangeland and prairies.

SC 21 Introduced by: Senator Nelson (Tom) and Representatives Romkema and Turbiville

A LEGISLATIVE COMMEMORATION, Commending and honoring Steve Morford of Lawrence County as the 2011 South Dakota High School Principal of the Year.

WHEREAS, Steve Morford, principal of Spearfish High School, has been named as South Dakota's Outstanding High School Principal of the Year by the South Dakota Association of Secondary School Principals; and

WHEREAS, Steve has served as principal in the Spearfish school district for six years and as a principal and athletic director in Nebraska for more than thirteen years; and

WHEREAS, Steve was nominated and elected by his peers for his outstanding service and dedication to education. Steve has demonstrated a sincere interest in children and superior skills in his chosen field of educational administration:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Steve Morford be commended and honored as an outstanding educational administrator.

SC 22 Introduced by: Senator Nelson (Tom) and Representatives Turbiville and Romkema

A LEGISLATIVE COMMEMORATION, Commending and honoring Nick Gottlob of Lawrence County as the 2011 South Dakota Middle School Principal of the Year.

WHEREAS, Nick Gottlob, middle school principal of Lead-Deadwood, has been named as South Dakota's Outstanding Middle School Principal of the Year by the South Dakota Association of Secondary School Principals; and

WHEREAS, Nick was nominated and elected by his peers for his outstanding service and dedication to education; and

WHEREAS, Nick has demonstrated a sincere interest in children and superior skills in his chosen field of educational administration:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Nick Gottlob be commended and honored as an outstanding educational administrator.

SIGNING OF BILLS

The President publicly read the title to

SB 48: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consumption of distilled spirits in public and to provide certain penalties for consumption of alcoholic beverages.

SB 65: FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by certain accrediting agencies other than the Department of Education to become members of the South Dakota High School Activities Association.

SB 77: FOR AN ACT ENTITLED, An Act to require school boards to approve pick-up locations for any open enrolled students who are transported in their resident school districts by receiving school districts.

SB 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions for recovery of damages for personal injury or death to municipal officers, employees, and volunteers.

SB 102: FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the assessment of property for school districts.

SB 109: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to promulgate rules concerning lobbyist registration fees, to impose a penalty for the failure to timely file lobbyist or lobbyist employer reports, and to repeal certain provisions concerning lobbyists who fail to comply with certain requirements.

SB 151: FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions and renewal requirements of massage therapy licensure.

SB 193: FOR AN ACT ENTITLED, An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.

SB 194: FOR AN ACT ENTITLED, An Act to create a Wind Energy Competitive Advisory Task Force and to provide for the appointment of the task force members.

HB 1008: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expend higher education facilities funds to maintain and repair certain facilities occupied under capital leases.

HB 1033: FOR AN ACT ENTITLED, An Act to provide for the registration and regulation of appraisal management companies.

HB 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

HB 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship program.

HB 1230: FOR AN ACT ENTITLED, An Act to establish the large project development fund, to provide for its administration, and to make an appropriation therefor.

And signed the same in the presence of the Senate.

Sen. Frerichs moved that the Senate do now adjourn, which motion prevailed and at 4:24 p.m. the Senate adjourned.

Trudy Evenstad, Secretary