House of Representatives Journal 3/10/2010 10:00 AM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 10, 2010

The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House pages Amanda Horn and David Trupe.

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 thirty-fourth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Timothy A. Rave, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 9, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 9, 2010, I approved House Bills 1025, 1026, 1027, 1033, 1047, 1048, 1052, 1056, 1061, 1088, 1095, and 1206, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1187 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1053, 1060, 1077, 1110, 1138, 1227, 1231, and 1265 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1012 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1001, 1002, 1072, 1091, 1104, 1118, 1130, and 1172 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., March 10, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1016, 1018, 1041, 1046, 1054, 1107, 1109, 1135, 1136, 1164, 1177, 1187, 1214, 1228, 1240, 1248, and 1270 and HJR 1004 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

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

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

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

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

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

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

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

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

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

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

HB 1187: FOR AN ACT ENTITLED, An Act to prohibit the killing, injury, or interference with a law enforcement support animal and to establish certain penalties.

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

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

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

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

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

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

SB 18: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions regarding retired members of the South Dakota Retirement System who return to covered employment and to declare an emergency.

SB 19: FOR AN ACT ENTITLED, An Act to increase contributions related to the optional spouse protection program within the South Dakota Retirement System and to prohibit any new enrollments in the program.

SB 20: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions within the South Dakota Retirement System.

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of tax refunds for the construction of agricultural processing or new business facilities.

SB 32: FOR AN ACT ENTITLED, An Act to revise the process for the reporting of surplus lines insurance.

SB 35: FOR AN ACT ENTITLED, An Act to require the policyholder's signed acceptance for endorsements that reduce or eliminate coverage upon certain health insurance policy issuance.

SB 42: FOR AN ACT ENTITLED, An Act to restrict the licensure and prohibit the employment of certain persons, including persons on the sex offender registry, in certain child welfare agencies or family day care centers.

SB 54: FOR AN ACT ENTITLED, An Act to revise certain procedures for the commencement of civil actions by inmates.

And signed the same in the presence of the House.

Rep. Lust moved that the House do now recess until 11:15 a.m., which motion prevailed and at 10:19 a.m., the House recessed.

The House reconvened at 11:15 a.m., the Speaker presiding.

MESSAGES FROM THE SENATE
(continued)

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 21, 78, 115, 141, and 169.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1013, 1014, and 1016 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Rhoden, Gray, and Peterson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1202.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Faehn moved that the House do concur in Senate amendments to HB 1036.

The question being on Rep. Faehn's motion that the House do concur in Senate amendments to HB 1036.

And the roll being called:

Yeas 56, Nays 0, Excused 14, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Krebs; Lederman; Lucas; Lust; McLaughlin; Moser; Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Blake; Fargen; Greenfield; Jensen; Kirschman; Lange; Noem; Novstrup (David); Pitts; Rounds; Russell; Solum; Tidemann; Van Gerpen

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Brunner moved that the House do concur in Senate amendments to HB 1057.

The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1057.

And the roll being called:

Yeas 53, Nays 1, Excused 16, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lederman; Lust; McLaughlin; Moser; Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Lucas

Excused:
Blake; Conzet; Fargen; Greenfield; Jensen; Kirschman; Krebs; Lange; Noem; Novstrup (David); Pitts; Rounds; Russell; Solum; Tidemann; Van Gerpen

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Cutler moved that the House do concur in Senate amendments to HB 1105.

The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1105.

And the roll being called:

Yeas 56, Nays 0, Excused 14, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Blake; Conzet; Fargen; Greenfield; Jensen; Kirschman; Krebs; Novstrup (David); Pitts; Rounds; Russell; Solum; Tidemann; Van Gerpen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Lederman moved that the House do not concur in Senate amendments to HB 1160 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Rep. Frerichs moved as a substitute motion that the House do not concur in Senate amendments to HB 1160 and that no committee be appointed.

The question being on Rep. Frerichs' substitute motion that the House do not concur in Senate amendments to HB 1160 and that no committee be appointed.

And the roll being called:

Yeas 13, Nays 53, Excused 4, Absent 0

Yeas:
Cutler; Elliott; Fargen; Frerichs; Iron Cloud III; Killer; Kirschman; Lucas; Nygaard; Putnam; Schrempp; Vanderlinde; Vanneman

Nays:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Engels; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Verchio; Wink; Wismer; Speaker Rave

Excused:
Faehn; Novstrup (David); Tidemann; Van Gerpen

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

Rep. Sorenson moved as a substitute motion that the House do concur in Senate amendments to HB 1160.

The question being on Rep. Sorenson's substitute motion that the House do concur in Senate amendments to HB 1160.

And the roll being called:

Yeas 22, Nays 45, Excused 3, Absent 0

Yeas:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Faehn; Novstrup (David); Tidemann

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

Rep. Peters moved the previous question.

Which motion prevailed.

The Speaker declared Rep. Lederman's motion prevailed and appointed as such committee Reps. Noem, Lederman, and Feickert.

Rep. Lederman moved that the House do concur in Senate amendments to HB 1241.

The question being on Rep. Lederman's motion that the House do concur in Senate amendments to HB 1241.

And the roll being called:

Yeas 58, Nays 8, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Lange; Lederman; Lust; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Sorenson; Steele; Street; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Elliott; Kopp; Krebs; Lucas; McLaughlin; Schrempp; Solum; Thompson

Excused:
Faehn; Novstrup (David); Solberg; Tidemann

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Schrempp moved that the House do concur in Senate amendments to HB 1264.

The question being on Rep. Schrempp's motion that the House do concur in Senate amendments to HB 1264.

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Carson; Engels; Kirschman; Rounds

Excused:
Faehn; Novstrup (David); Tidemann

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

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

Rep. Brunner moved that HCR 1017 as found on page 767 of the House Journal be adopted.

The question being on Rep. Brunner's motion that HCR 1017 be adopted.

And the roll being called:

Yeas 49, Nays 18, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Fargen; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake; Burg; Dennert; Elliott; Engels; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Thompson; Vanderlinde

Excused:
Faehn; Novstrup (David); Tidemann

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1017 was adopted.

HCR 1018: A CONCURRENT RESOLUTION, Expressing concern at the ruling by the United States Supreme Court in the case of Citizens United v. Federal Elections Commission and to request a constitutional amendment to reverse the decision.

Rep. Iron Cloud moved that HCR 1018 as found on pages 771 and 772 of the House Journal be adopted.

The question being on Rep. Iron Cloud's motion that HCR 1018 be adopted.

And the roll being called:

Yeas 24, Nays 43, Excused 3, Absent 0

Yeas:
Blake; Burg; Dennert; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Lange; Lucas; Noem; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Engels; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Faehn; Novstrup (David); Tidemann

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

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

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

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

62oc

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

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

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

Rep. Lust moved that the House do now recess until 1:15 p.m., which motion prevailed and at 12:05 p.m., the House recessed.

The House reconvened at 1:15 p.m., the Speaker Pro tempore Rausch presiding.

Rep. Cronin moved that the House do now recess until 1:47 p.m., which motion prevailed and at 1:15 p.m., the House recessed.

The House reconvened at 1:47 p.m., the Speaker presiding.

MOTIONS AND RESOLUTIONS

Rep. Cronin moved that the House do not concur in Senate amendments to HB 1053 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Cronin, Gosch, and Frerichs.

Rep. Cutler moved that the House do concur in Senate amendments to HB 1077.

The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1077.

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott; Fargen; Frerichs; Nygaard; Putnam; Vanderlinde; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 75 and has appointed Sens. Rhoden, Dempster, and Maher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 195 and has appointed Sens. Knudson, Gray, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 106 and has appointed Sens. Dempster, Jean Hunhoff, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Garnos, Adelstein, and Jerstad as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1160.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS
(continued)

Rep. Engels moved that the House do concur in Senate amendments to HB 1110.

The question being on Rep. Engels' motion that the House do concur in Senate amendments to HB 1110.

And the roll being called:

Yeas 47, Nays 19, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Conzet; Cronin; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Lange; Lederman; Lucas; Lust; McLaughlin; Noem; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Wink; Wismer; Speaker Rave

Nays:
Brunner; Curd; Cutler; Deadrick; Greenfield; Hunt; Jensen; Kopp; Krebs; Moser; Novstrup (David); Olson (Betty); Putnam; Rounds; Russell; Tidemann; Van Gerpen; Vanneman; Verchio

Excused:
Elliott; Nygaard; Schrempp; Vanderlinde

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Peters moved that the House do concur in Senate amendments to HB 1138.

The question being on Rep. Peters' motion that the House do concur in Senate amendments to HB 1138.

And the roll being called:

Yeas 62, Nays 4, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Feickert; Feinstein; Moser; Russell

Excused:
Elliott; Nygaard; Schrempp; Vanderlinde

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Solberg moved that the House do concur in Senate amendments to HB 1227.

The question being on Rep. Solberg's motion that the House do concur in Senate amendments to HB 1227.

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott; Nygaard; Schrempp; Vanderlinde

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Lust moved that the House do concur in Senate amendments to HB 1231.

The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1231.

And the roll being called:

Yeas 56, Nays 9, Excused 5, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Romkema; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Deadrick; Engels; Gosch; Greenfield; Noem; Olson (Ryan); Rounds; Russell; Verchio

Excused:
Elliott; Nygaard; Rausch; Schrempp; Vanderlinde

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Gibson moved that the House do concur in Senate amendments to HB 1265.

The question being on Rep. Gibson's motion that the House do concur in Senate amendments to HB 1265.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott; Hunhoff (Bernie); Nygaard; Rausch; Schrempp; Vanderlinde

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1060 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Rave, Rausch, and Hunhoff.

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

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Krebs moved that the report of the Conference Committee on SB 62 as found on page 809 of the House Journal be adopted.

The question being on Rep. Krebs' motion that the report of the Conference Committee on SB 62 be adopted.

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Faehn; Fargen; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Engels; Feickert; Killer

Excused:
Elliott; Nygaard; Schrempp; Vanderlinde

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Gant, Tieszen, and Nesselhuf as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1053.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 22 and has appointed Sens. Garnos, Knudson, and Nesselhuf as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 67 and has appointed Sens. Tom Hansen, Russell Olson, and Peterson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Trudy Evenstad, Secretary

The Speaker appointed Reps. Faehn, Noem, and Lucas as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 22.

The Speaker appointed Reps. Faehn, Noem, and Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 67.

The Speaker appointed Reps. Brunner, Gosch, and Engels as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 75.

The Speaker appointed Reps. Noem, Moser, and Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 106.

The Speaker appointed Reps. Rave, Rausch, and Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 195.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1036, 1057, 1105, 1241, and 1264 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

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

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

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

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

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

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

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

SB 58: FOR AN ACT ENTITLED, An Act to revise certain real property taxes for small renewable energy facilities.

SB 64: 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 authorize the construction and establish the state cost share for the Southern Black Hills Water System, and to declare an emergency.

SB 65: FOR AN ACT ENTITLED, An Act to revise the time frame for the design of a new motor license plate series and the issuance of a new motor license plate design series and to transfer funds from the license plate special revenue fund to the prison industries revolving fund.

SB 66: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property tax and sales tax refunds for certain elderly persons and persons with a disability.

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

SB 80: FOR AN ACT ENTITLED, An Act to clarify certain conditions of service by elected municipal officials.

SB 81: FOR AN ACT ENTITLED, An Act to exempt open-loop prepaid cards from unclaimed property provisions.

SB 88: FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

SB 97: FOR AN ACT ENTITLED, An Act to provide that salvage titles be issued for stolen vehicles and to provide that thefts be noted on the title of recovered motor vehicles.

SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the yielding of the right-of-way to pedestrians making a crossing of a highway.

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

SB 105: FOR AN ACT ENTITLED, An Act to provide a statutory reference for the code of ethics for certified teachers and administrators.

SB 108: FOR AN ACT ENTITLED, An Act to prohibit dental insurers from setting fees for noncovered services.

SB 114: FOR AN ACT ENTITLED, An Act to authorize municipalities to include flexible spending accounts, flexible spending account debit cards, and related programs and procedures with employee health insurance benefits.

SB 121: FOR AN ACT ENTITLED, An Act to require the Department of Education to promote certain programs for children who are deaf and hard-of-hearing.

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

SB 134: FOR AN ACT ENTITLED, An Act to provide for divestiture of state investment funds in certain companies liable to sanctions under the Iran Sanctions Act of 1996.

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

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

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

SB 156: FOR AN ACT ENTITLED, An Act to require that determinations in both adult and juvenile court proceedings relative to a controlled substance violation of a high school student participating in extracurricular activities be reported to the South Dakota High School Activities Association and to the school administrator.

SB 168: FOR AN ACT ENTITLED, An Act to increase the amount of coverage provided by the South Dakota Life and Health Insurance Guaranty Association for long-term care insurance.

SB 184: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxes imposed by water development districts and the addition and withdrawal of territory for water development districts.

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

And signed the same in the presence of the House.

HC 1020 Introduced by: Representatives Deadrick, Carson, Hamiel, Juhnke, Putnam, Van Gerpen, and Vanneman and Senators Garnos, Bartling, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring the three-time State B Champion Wagner High School Red Raider Wrestling Team and its coaches.

WHEREAS, the Wagner High School Red Raiders won the South Dakota State B High School Wrestling Championship for three straight years in 2008, 2009, and 2010; and

WHEREAS, the 2008 state championship included vital contributions from Alex Kocer, Derek Dickerson, Austin Schroder, Daniel Koupal, Mitch Breen, Robert Kokesh, Ryan Kocer, Steven Holzbauer, and Maverick Hill, along with head coach Ernie Valentine and assistant coaches John Tyler and Todd Dvoracek; and

WHEREAS, the 2009 state championship included crucial contributions from Alex Kocer, Derek Dickerson, Dackery Geiman, Mitch Breen, Anthony Anderson, Robert Kokesh, Steven Holzbauer, and Maverick Hill, along with head coach Ernie Valentine and assistant coaches John Tyler and Todd Dvoracek; and

WHEREAS, the 2010 state championship included essential contributions from Tyler Dion, David Kocer, Austin Soukup, Alex Kocer, Derek Dickerson, Mitch Breen, Robert Kokesh, Steven Holzbauer, and Bryant Soulek, along with head coach Ernie Valentine and assistant coaches John Tyler and Rich Stephens; and

WHEREAS, the team was inspired by the hard work and dedication of Alex Kocer and Robert Kokesh who captured state titles in their respective weight classes all three years to lead the team to capturing the state team championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature honors and commends the wrestlers and coaches of the Wagner High School Red Raiders Wrestling Team on winning the South Dakota State B Wrestling Championship in 2008, 2009, 2010.

HC 1021 Introduced by: Representatives Feinstein, Blake, Cutler, Feickert, and Thompson and Senators Heidepriem and Knudson

A LEGISLATIVE COMMEMORATION, Honoring Travis Shafer, Zach Avre, and Ali Pearson from Washington High School in Sioux Falls, South Dakota, as finalists for the Merit Scholarship Awards.

WHEREAS, the National Merit Scholarship Program is an academic competition for recognition and scholarships that began in 1955; and

WHEREAS, Travis Shafer, Zach Avre, and Ali Pearson, Washington High School seniors, were named as finalists in the 2010 Merit Scholarship Program Competition; and

WHEREAS, these three individuals have displayed remarkable knowledge and critical reading, mathematics, and writing skills, as well as great individual effort and initiative, which will benefit them well in the pursuit of their personal, educational, and life goals; and

WHEREAS, each received Letters of Commendation in recognition of their outstanding academic promise; and

WHEREAS, these students have excelled academically by meeting high academic standards and have been selected out of one and one-half million other entrants to advance to finalist status, whereby they join an elite group representing the nation's best and brightest high school students:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Travis Shafer, Zach Avre, and Ali Pearson be congratulated on being selected as finalists in the 2010 Merit Scholarship Competition.

HC 1022 Introduced by: Representatives Feinstein, Blake, Cutler, Feickert, and Thompson and Senators Heidepriem and Knudson

A LEGISLATIVE COMMEMORATION, Honoring the success of the Sioux Falls Washington High School Warriors Cross Country and Track and Field Teams and their members for their achievements in 2009.

WHEREAS, the Sioux Falls Washington High School Track and Field Team was awarded the Combined Award by the South Dakota Cross Country and Track and Field Coaches Association; and

WHEREAS, the Sioux Falls Washington boys' 4 x 400 relay, run by Matt Gerry, Quintin McMartin, Trevor Gebhart, and Casey Shade, took first place at the State AA Track Meet and set the all-time state record; and

WHEREAS, the Sioux Falls Washington girls' 1,600 meter sprint medley relay, run by Jordyn Houseman, Marwa O'Diel, Danielle Fantroy, and Sami Smith, took first place at the State AA Track Meet and set a State AA Track Meet record; and

WHEREAS, the Sioux Falls Washington boys' 4 x 800 relay, run by Josh Heitkamp, Alex Waddell, Casey Shade, and Scott Strand, took first place at the State AA Track Meet with the second fastest race time of all time; and

WHEREAS, Josh Heitkamp won the 3,200 meter run at the State AA Track Meet; and

WHEREAS, Trevor Gebhart won the 200 meter dash at the State AA Track Meet; and

WHEREAS, Josh Heitkamp was the 2009 South Dakota Boys' Cross Country Gatorade Runner of the Year and is the back-to-back individual State AA Champion:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Sioux Falls Washington High School Warriors Cross Country and Track and Field Teams be honored for their great success and record-breaking achievements in 2009.

HC 1023 Introduced by: Representatives Sorenson, Blake, Bolin, Burg, Dennert, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Krebs, Lange, Lucas, Nygaard, Rave, Schlekeway, Schrempp, Solberg, Street, Thompson, and Vanderlinde and Senators Ahlers, Gillespie, Heidepriem, Jerstad, Merchant, and Turbak Berry

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2009 State A Girls' Cross Country Champions, the Garretson Blue Dragons, for their outstanding athletic performance at the 2009 State A Girls' Cross Country Meet.

WHEREAS, the student athletes of the Garretson Blue Dragons Girls' Cross Country Team, including Lindsey Bohl, Erin Nolz, Taylor Tillma, Shelby Ellefson, Cassidy Powell, and Kayla Wieskus, have shown exemplary patience, dedication, and tenacity in their pursuit of a state cross country championship; and

WHEREAS, the Garretson Blue Dragons Girls' Cross Country Team coaches Jason Bohl and Jeff Sylliaasen helped facilitate and cultivate the physical, mental, and the emotional growth and development of their student athletes; and

WHEREAS, the Garretson Blue Dragons Girls' Cross Country Team scored sixty points, which easily outdistanced the competition by sixteen points and excelled at numerous other cross country meets, including the McCook Central Meet, the Jesse James Meet, the Big East Conference Meet, and the Region 2A Meet; and

WHEREAS, the Garretson Blue Dragons Girls' Cross Country Team had three athletes earn finishes in the top twenty-five cross country runners, including a third place finish, a sixth place finish, and a twenty-third place finish; and

WHEREAS, all members of the Garretson Blue Dragons Girls' Cross Country Team, including the student athletes, coaches, parents, and fans, have volunteered their time and unique talents for the betterment of the Garretson Blue Dragons Girls' Cross Country Team and the enrichment of the community of Garretson:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Garretson Blue Dragons Girls' Cross Country Team be commended and honored for their patience, dedication, and tenacity, and, most of all, for their 2009 performance at the State A Girls' Cross Country Meet.

HC 1024 Introduced by: Representatives Rausch and Street and Senator Peterson

A LEGISLATIVE COMMEMORATION, Acknowledging the Milbank High School Football Team for winning the 2009 State 11A Football Championship.

WHEREAS, the Milbank Bulldogs Football Team won the state championship under the dedicated leadership of head coach Jeremy Tostenson and assistant coaches Scott Wiese, Matt Bastian, Cory Richardt, Travis Lester, and athletic trainer Wade Van Dover; and

WHEREAS, the Milbank High School Football Team was commendable in its unity and the accord of all its players, including Jesse Peschong, Shawn Prasnicki, Adam Cloos, Garrett VanSambeek, Bryan Dragt, Kyle Kunde, Brock Gomer, Andy Buchele, Mike Robinson, Tanner Folk, Adam Jones, Taylor Boerger, Nick Mears, Chance Snyder, John Weber, Tom Weber, Derek Whitlow, Kevin Reedstrom, Logan Lambrechts, Ryan Wright, Isaac Lindquist, Brandon Folk, Seth Phillips, Blaine Schell, Skyler Mount, Ben Forrette, Chris Block, Colin Porath, Evan Larson, Dillion Dwyer, Isaac Nelson, Adam Zemlicka, Luke LeBrun, Matt Stephan, Jeffrey Trapp, Bill St. Martin, Tony Hoffman, Andy Kelly, Joe Weber, Jordan Tesch, Jordan Hins, Cole Bolin, Dominic Weinkauf, Taylor Welberg, Jeremy Schuelke, Eric Hansen, Dillon Zemlicka, Austin Johnson, Spencer Folk, and Alex Liebe; managers Brendon Hoeke and Cody Seehafer; and staticians Keith Weber, Jason Kettwig, Paul Tostenson, and Ron Waterfall; and

WHEREAS, the Milbank High School Football Team showed commitment and determination in playing each game in the 2009 season in preparation for its championship; and

WHEREAS, Kyle Kunde and Dillon Dwyer earned positions on the South Dakota All-State team, and Jeffery Trapp and Chance Snyder received honorable mentions; and

WHEREAS, the cheerleaders, students, faculty, and community of the Milbank Bulldogs demonstrated outstanding spirit and sportsmanship to help lead the team to a championship while supporting the players, coaches, and staff in their pursuit:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature honors and commends the Milbank High School Football Team and its coaching staff for their outstanding performance in the 2009 season.

HC 1025 Introduced by: Representatives Frerichs, Blake, Bolin, Brunner, Burg, Cronin, Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Gibson, Hamiel, Hoffman, Hunhoff (Bernie), Iron Cloud III, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lucas, Lust, Nygaard, Olson (Betty), Rave, Rounds, Schlekeway, Schrempp, Solberg, Solum, Sorenson, Street, Thompson, Tidemann, Vanderlinde, Verchio, and Wismer and Senators Ahlers, Abdallah, Bartling, Dempster, Garnos, Heidepriem, Jerstad, Knudson, Maher, Merchant, and Turbak Berry

A LEGISLATIVE COMMEMORATION, Commending and honoring Tyler Oran Sorenson, the National Collegiate Athletic Association (NCAA) Western Wrestling Conference 197-pound champion, for his outstanding and unprecedented athletic performance in Brookings, South Dakota, at the 2010 Western Wrestling Conference Meet.

WHEREAS, Tyler Oran Sorenson's current collegiate record stands at an impressive twenty-nine wins and five losses, which propels his lifetime collegiate record to a commendable eighty-eight wins and twenty-three losses; and

WHEREAS, this student athlete proved his number one seeding by defeating and outscoring his opponent, North Dakota State's Drew Ross, in the championship match seventeen to two; and in addition outscored his three opponents from Air Force, Utah Valley State, and North Dakota State, thirty-one to nine; and

WHEREAS, with this student athlete's victory, he becomes South Dakota State University's first NCAA Division One Western Wrestling Conference Champion and the first two-time NCAA Division One National Qualifier; and

WHEREAS, this student athlete from South Dakota State University has shown an exemplary work ethic, time-tempered dedication, and an absolute resolve in his pursuit of a conference wrestling championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Tyler Oran Sorenson be commended and honored for his patience, dedication, and tenacity, and most of all for his 2010 performance at the Western Wrestling Conference Meet.

HC 1026 Introduced by: Representatives Tidemann, Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Conzet, Cronin, Curd, Cutler, Deadrick, Dennert, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solum, Sorenson, Steele, Street, Thompson, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Merchant, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle

A LEGISLATIVE COMMEMORATION, Recognizing the South Dakota State University Women's Basketball Team on its outstanding athletic and academic achievements.

WHEREAS, on Monday, March 8, 2010, the South Dakota State University Women's Basketball Team won a commanding victory over the Western Illinois Leathernecks with a score of 67-39, placing the Jacks in the Summit League Championship for the second consecutive year; and

WHEREAS, Monday afternoon's win continued the Jackrabbit Women's undefeated record in the Summit League Tournament at 5-0; and

WHEREAS, the South Dakota State University Women's Basketball Team continued their conference tournament success on Tuesday, March 9, 2010, by winning the Summit League Championship game over Oral Roberts University, with a score of 79-75 in overtime. The victory means the Jacks will play in the NCAA Women's Basketball Division I tournament for the second year in a row; and

WHEREAS, the Jackrabbit women have had the third highest team grade point average in the nation in Division I women's basketball:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the South Dakota State University Women's Basketball Team be recognized for its outstanding athletic and academic achievements.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:01 p.m. the House adjourned.

Karen Gerdes, Chief Clerk