House Journal 02/08/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 8, 2005

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Debi Feyh, followed by the Pledge of Allegiance led by House page Amber Bolie.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twentieth 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,

Matthew Michels, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 7, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 5, 2005, I approved House Bill 1066 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. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1197 and SB 122 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1195 and tabled the same.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1128 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1122 and returns the same with the recommendation that said bill be amended as follows:

1122ja

On page 1, line 4 of the printed bill, delete " 40-45 " and insert "10-45".

1122fa

On page 2, line 7 of the printed bill, after " costs. " insert "The provisions of this section apply in determining the amount of tax due before and after the effective date of this section.".

1122fta

On page 1, line 1 of the printed bill, after " An Act to " delete " allow " and insert "clarify that".

On page 1 , line 1, after " owners " delete " to " and insert "may".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

1142fa

On page 1, line 4 of the printed bill, after " sales " insert "and use".

And that as so amended said bill do pass.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1165 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1188 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1160 and returns the same with the recommendation that said bill be amended as follows:

1160ja

On page 2, line 7 of the printed bill, delete everything after " municipality " and insert ";".

On page 2 , delete line 8 .

And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1235 and tabled the same.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1112 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1154 and returns the same with the recommendation that said bill be amended as follows:

1154rb

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

" Section 1. That § 9-4-12 be amended to read as follows:

9-4-12. No other municipality may annex any territory within one and one-quarter miles of any parcel of land operated as a municipal airport by an airport board organized pursuant to ~~chapter 50-6~~ chapters 50-6 and 50-6A . However, if the governing body of the airport-operating municipality consents, by resolution, to such a proposed annexation by another municipality, the provisions of this section do not apply to the extent of the waiver provided in the consent resolution of the airport-operating municipality. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1239 and returns the same with the recommendation that said bill be amended as follows:

1239ra

On page 1 of the printed bill, delete lines 5 to 9 , inclusive, and insert:

"
7-14-1. The coroner shall receive ~~the following~~ fees and expenses :

~~(1) For a view of each body and examination of the circumstances surrounding the death, fifty-eight dollars;~~

~~(2) The coroner shall receive the same amount per mile traveled in the course of his duties as other county officials~~ as set by the board of county commissioners . ".

1239fta

On page 1, line 1 of the printed bill, delete " increase the fee " and insert "revise the method for setting the fees".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1253 and returns the same with the recommendation that said bill be amended as follows:

1253fb

On page 1, line 7 of the printed bill, delete " county, municipality or school district " and insert "political subdivision of the state".

On page 1 , line 12, delete " county, municipality, or school district " and insert "political subdivision".

On page 2 , line 7, delete " county, municipality, or school " and insert "political subdivision".

On page 2 , line 8, delete " district " .

On page 2 , line 10, delete " county, municipality, or school district " and insert "political subdivision".

1253ftb

On page 1, line 2 of the printed bill, delete " county, municipality, and school district " and insert "political subdivision".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas Hennies, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1061 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1002 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 34, 150, 172, and 221 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Rhoden moved that the reports of the Standing Committees on

Health and Human Services on SB 41 as found on page 364 of the House Journal ; also

Judiciary on HB 1194 as found on pages 364 and 365 of the House Journal ; also

Transportation on HB 1202 as found on page 366 of the House Journal ; also

State Affairs on HB 1190 as found on page 367 of the House Journal ; also

State Affairs on HB 1209 as found on pages 367 and 368 of the House Journal ; also

State Affairs on HB 1212 as found on page 368 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 34: FOR AN ACT ENTITLED, An Act to make an additional appropriation to construct a thermophilic anaerobic manure digestion system for the South Dakota Agricultural Experiment Station and to declare an emergency.

Was read the first time and referred to the Committee on Appropriations.

SB 150: FOR AN ACT ENTITLED, An Act to permit certain services to be provided by municipal officials.

Was read the first time and referred to the Committee on Local Government.

SB 172: FOR AN ACT ENTITLED, An Act to limit certain contributions and to provide certain reporting requirements regarding elections.

Was read the first time and referred to the Committee on State Affairs.

SB 221: FOR AN ACT ENTITLED, An Act to establish certain restrictions regarding the sale and purchase of products containing pseudoephedrine or ephedrine and to provide penalties for violation thereof.

Was read the first time and referred to the Committee on Health and Human Services.

There being no objection, the House reverted to Order of Business No. 11.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1201: FOR AN ACT ENTITLED, An Act to revise the labeling requirements for certain types of motor fuel.

Was read the second time.

The question being "Shall HB 1201 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

HB 1243: FOR AN ACT ENTITLED, An Act to provide for the copying and retention of foreign documentation used to apply for certain state licenses, permits, and identification cards.

Was read the second time.

The question being "Shall HB 1243 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

HB 1189: FOR AN ACT ENTITLED, An Act to clarify the application of certain provisions pertaining to the sale of pistols.

Was read the second time.

The question being "Shall HB 1189 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

SB 92: FOR AN ACT ENTITLED, An Act to define a recreation vehicle, to exempt certain recreation vehicles from the maximum width restrictions for a vehicle, and to provide a length limitation for motor vehicles.

Was read the second time.

The question being "Shall SB 92 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1106: FOR AN ACT ENTITLED, An Act to revise the duties of certain licensed mental health professionals with regard to certain insanity and guilty-but-mentally-ill proceedings.

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

The question being "Shall HB 1106 pass as amended?"

And the roll being called:

Yeas 42, Nays 28, Excused 0, Absent 0

Yeas:
Boomgarden; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Fryslie; Garnos; Glenski; Hackl; Haley; Halverson; Haverly; Hennies; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; Olson (Ryan); Peters; Putnam; Rhoden; Schafer; Sebert; Tidemann; Turbiville; Valandra; Van Norman; Weems; Willadsen; Speaker Michels

Nays:
Bradford; Buckingham; Elliott; Frost; Gassman; Gillespie; Glover; Hanks; Hargens; Heineman; Hills; Howie; Jensen; Krebs; McCoy; O'Brien; Pederson (Gordon); Rausch; Rave; Roberts; Rounds; Sigdestad; Street; Thompson; Tornow; Van Etten; Vehle; Wick

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

HB 1227: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the hiring by school districts of persons convicted of felony drug distribution.

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

The question being "Shall HB 1227 pass as amended?"

And the roll being called:

Yeas 21, Nays 49, Excused 0, Absent 0

Yeas:
Bradford; Brunner; Dennert; Elliott; Faehn; Gassman; Glenski; Glover; Haley; Halverson; Kroger; Lange; Miles; Murschel; Roberts; Sebert; Sigdestad; Street; Thompson; Valandra; Van Norman

Nays:
Boomgarden; Buckingham; Cutler; Davis; Deadrick; Dykstra; Frost; Fryslie; Garnos; Gillespie; Hackl; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

HB 1229: FOR AN ACT ENTITLED, An Act to require standards for certain family day care providers.

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

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall HB 1229 pass?"

And the roll being called:

Yeas 39, Nays 31, Excused 0, Absent 0

Yeas:
Boomgarden; Bradford; Cutler; Davis; Dennert; Dykstra; Elliott; Garnos; Gassman; Gillespie; Glenski; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Hunhoff; Lange; McLaughlin; Miles; Murschel; Nelson; O'Brien; Peters; Rausch; Roberts; Schafer; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vehle; Speaker Michels

Nays:
Brunner; Buckingham; Deadrick; Faehn; Frost; Fryslie; Glover; Hackl; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; McCoy; Novstrup; Olson (Ryan); Pederson (Gordon); Putnam; Rave; Rhoden; Rounds; Sebert; Tornow; Valandra; Weems; Wick; Willadsen

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

HB 1148: FOR AN ACT ENTITLED, An Act to provide that certain statements and actions made by health care providers are not admissible to prove negligence or culpable conduct in medical malpractice actions.

Was read the second time.

The question being "Shall HB 1148 pass as amended?"

And the roll being called:

Yeas 68, Nays 2, Excused 0, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Hargens

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

The question being on the title.

Rep. Van Etten moved that the title to HB 1148 be amended as follows:

On page 1, line 2 of the House Judiciary Committee engrossed bill, delete " or culpable conduct " .

Which motion prevailed and the title was so amended.

HB 1178: FOR AN ACT ENTITLED, An Act to provide a means to correct errors or omissions made to recorded plats.

Was read the second time.

The question being "Shall HB 1178 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

HB 1234: FOR AN ACT ENTITLED, An Act to revise the conditions where the state may enter into compacts with Indian tribes.

Was read the second time.

The question being "Shall HB 1234 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

HB 1230: FOR AN ACT ENTITLED, An Act to require certain children to be in a booster seat when in a motor vehicle and to provide that certain penalties be waived if a child passenger restraint system or booster seat is acquired.

Was read the second time.

1230fa

Rep. Hanks moved that HB 1230 be amended as follows:

On page 2 of the printed bill, delete lines 17 to 22 , inclusive.

Which motion prevailed and HB 1230 was so amended.

Rep. Hennies moved that HB 1230 be deferred to Wednesday, February 9^th, the 22^nd legislative day.

The Speaker being in doubt on the voice vote called for a roll call vote.

The question being on Rep. Hennies' motion that HB 1230 be deferred to Wednesday, February 9^th, the 22^nd legislative day.

And the roll being called:

Yeas 33, Nays 36, Excused 1, Absent 0

Yeas:
Boomgarden; Cutler; Deadrick; Dykstra; Garnos; Gillespie; Haley; Halverson; Hargens; Haverly; Hennies; Hills; Hunhoff; Hunt; Jerke; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Peters; Rausch; Rounds; Schafer; Sigdestad; Tidemann; Turbiville; Van Etten; Vehle; Wick; Speaker Michels

Nays:
Bradford; Brunner; Buckingham; Davis; Dennert; Faehn; Frost; Fryslie; Gassman; Glenski; Glover; Hackl; Hanks; Heineman; Howie; Jensen; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; Olson (Ryan); Pederson (Gordon); Putnam; Rave; Rhoden; Roberts; Sebert; Street; Thompson; Tornow; Valandra; Van Norman; Weems; Willadsen

Excused:
Elliott

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

1230fb

Rep. Wick moved that HB 1230 be amended as follows:

On page 1, line 10 of the printed bill, remove the overstrikes from " ~~1981~~ " .

On page 1 , line 10, delete " 2005 " .

Rep. Hennies requested that Joint Rule 5-17 be invoked on HB 1230.

Which request was supported and HB 1230 with Rep. Wick's pending motion to amend was deferred until Thursday, February 10^th, the 23^rd legislative day.

HB 1228: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance.

Was read the second time.

The question being "Shall HB 1228 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Elliott

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 55: FOR AN ACT ENTITLED, An Act to provide for a preference for placement of abused and neglected children with relatives and to provide a hearing for review of adoptive placement decisions.

Was read the second time.

The question being "Shall SB 55 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Elliott

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

SB 57: FOR AN ACT ENTITLED, An Act to establish an intensive residential treatment center as a category of a child welfare agency.

Was read the second time.

The question being "Shall SB 57 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Elliott

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

SB 74: FOR AN ACT ENTITLED, An Act to revise certain restrictions concerning the operation of snowmobiles.

Was read the second time.

The question being "Shall SB 74 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford

Excused:
Elliott; Jensen

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1081 was delivered to his Excellency, the Governor, for his approval at 3:45 p.m., February 7, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1061 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the licensing of commercial drivers.

SB 38: FOR AN ACT ENTITLED, An Act to continue the moratorium on new nursing facility beds.

SB 40: FOR AN ACT ENTITLED, An Act to establish minimum fire safety standards for specialty resorts.

SB 56: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to preadmission assessment for admission to nursing facilities.

SB 84: FOR AN ACT ENTITLED, An Act to revise the definition of victims who may address the court before sentencing is imposed.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1016 Introduced by: Representatives Gassman, Bradford, Dennert, Elliott, Fryslie, Gillespie, Glover, Haley, Hargens, Kroger, Lange, Miles, Murschel, Rave, Roberts, Sigdestad, Street, Thompson, Valandra, and Van Norman and Senators Sutton (Dan), Dempster, Gant, Hansen (Tom), Hanson (Gary), Kloucek, and Moore

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2003-2004 Chester "Flyers" High School boys basketball team for winning their first state title in the Class A Boys State Basketball Tournament.

WHEREAS, the Chester "Flyers" High School boys basketball team, coached by Brent Norberg, Bill Soyland, and Scott Langerock, demonstrated excellence in leadership, performance, and perseverance by completing a 23-2 record on the way to a state championship season; and

WHEREAS, the Chester "Flyers" High School boys basketball team has exemplified great unity from all of the players, Thomas Rohlck, Brad Baumberger, Joe Backus, Justin Baumberger, Brennen Ahlers, Derek Kreutzfeldt, Adam Limmer, Bryce Ahlers, Brock Kreutzfeldt, Bryce Kreutzfeldt, Kyle Schulz, Ryan Reiff, Joe Whealy, and Brandon White; and

WHEREAS, the Chester "Flyers" High School boys basketball team has proven to have outstanding athletes and students, exemplified by Joe Backus's awards for All State performer and Class A player of the Year and Brandon White's award for the Spirit of Su:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Chester "Flyers" High School Class A boys basketball team be commemorated for their excellence in athletics and academics for the 2003-2004 school year.

HC 1017 Introduced by: Representatives Gassman, Bradford, Dennert, Elliott, Fryslie, Gillespie, Glover, Haley, Hargens, Kroger, Lange, Miles, Murschel, Rave, Roberts, Sigdestad, Street, Thompson, Valandra, and Van Norman and Senators Sutton (Dan), Dempster, Gant, Hansen (Tom), Hanson (Gary), Kloucek, and Moore

A LEGISLATIVE COMMEMORATION, Commending and honoring the Madison Post 25 Legion players as the State B American Legion Baseball Tournament Champions.

WHEREAS, the Madison Post 25 Legion players won the State B American Legion Baseball Tournament, by dedication, perseverance, and true sportsmanship; and

WHEREAS, the Madison Post 25 Legion players received superior coaching from head coach John McNary and assistant coach Mark Kreutzfeldt; and

WHEREAS, the Madison Post 25 Legion players consist of outstanding players who are truly committed to the team, Mitch McNary, Rob Thuringer, Brock Kreutzfeldt, Kyle Clark, Russell Halgerson, Brandon White, Brandon Sietz, Monte Wire, Dusty Skluzacek, Matt Ihler, Chris Brozik, Brian Tweet, and Lucas Tolley:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Madison Post 25 Legion players be honored for their participation and dedication in the State B American Legion Baseball Tournament.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:36 p.m. the House adjourned.

Karen Gerdes, Chief Clerk