Senate Journal 2/28/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 28, 2011

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

The prayer was offered by the Chaplain, Rev. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Sadie Stevens.

Roll Call: All members present except Sen. Buhl who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

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

And we hereby move the adoption of the report.

Respectfully submitted,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1104 and 1179 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1157 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1231, 1232, and 1244 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1149 and 1234 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 4, of the House State Affairs Committee engrossed bill, after "Dakota" insert ", who is the adult child of an active duty member of the armed forces of the United States, and who has not reached the age of twenty-two and".

On page 2, line 5, delete everything after "12-4-4.4" .

On page 2, line 6, delete "twenty-two".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Brent Dykstra of Stanley County, Ft. Pierre, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Linda Barker of Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Bill Hansen of Turner County, Centerville, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Paul Symens of Marshall County, Amherst, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1217 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 24, 66, 95, 108, 129, and 142 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 1, 40, 45, 59, 70, 110, and 112 were delivered to his Excellency, the Governor, for his approval at 9:05 a.m., February 28, 2011.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1034 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the printed version.

Respectfully submitted,    Respectfully submitted,
Roger Solum    Tom Nelson
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 96 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 24, 66, 95, 108, 129, and 142 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Hansen moved that the Senate do concur in House amendments to SB 39.

The question being on Sen. Hansen's motion that the Senate do concur in House amendments to SB 39.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Hundstad

Excused:
Buhl

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

SCR 6: A CONCURRENT RESOLUTION, In support of reforming the federal Toxic Substances Control Act of 1976.

Was read the second time.

Sen. Nygaard moved that SCR 6 as found on page 535 of the Senate Journal be adopted.

The question being on Sen. Nygaard's motion that SCR 6 be adopted.

And the roll being called:

Yeas 9, Nays 25, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Cutler; Fryslie; Hunhoff (Jean); Lederman; Nygaard; Rampelberg

Nays:
Brown; Frerichs; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Buhl

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

Sen. Olson moved that SCR 7 be deferred to Tuesday, March 1, the 30^th legislative day.

Which motion prevailed.

HCR 1011: A CONCURRENT RESOLUTION, Expressing support for civic education in the public schools in South Dakota, and recognizing March 9, 2011, as Civic Education Day at the state capitol.

Was read the second time.

Sen. Holien moved that the Senate do concur in HCR 1011 as found on page 492 of the House Journal.

The question being on Sen. Holien's motion that the Senate do concur in HCR 1011.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; 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:
Buhl

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

CONSIDERATION OF REPORT OF COMMITTEE

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

Local Government on HB 1174 as found on page 533 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Peters requested that HB 1201 be removed from the Consent Calendar.

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

Was read the second time.

The question being "Shall HB 1051 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

Was read the second time.

The question being "Shall HB 1114 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

Was read the second time.

The question being "Shall HB 1139 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

Was read the second time.

The question being "Shall HB 1169 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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 1192 be placed to follow HB 1007 on today's calendar.

Which motion prevailed.

Sen. Olson moved that HB 1008, 1175, 1196, 1207, and 1248 be deferred to Tuesday, March 1, the 30^th legislative day.

Which motion prevailed.

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

Was read the second time.

The question being "Shall HB 1041 pass?"

And the roll being called:

Yeas 24, Nays 9, Excused 2, Absent 0

Yeas:
Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway; Tidemann; Tieszen; Vehle

Nays:
Adelstein; Begalka; Bradford; Garnos; Hunhoff (Jean); Lederman; Maher; Rhoden; Sutton

Excused:
Brown; Buhl

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

Was read the second time.

Sen. Gray moved that HB 1007 be placed to follow HB 1056 on today's calendar.

Which motion prevailed.

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

Was read the second time.

The question being "Shall HB 1192 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Brown; Holien; Rhoden

Excused:
Buhl

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

Was read the second time.

The question being "Shall HB 1047 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

Was read the second time.

The question being "Shall HB 1070 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Krebs; Putnam

Excused:
Buhl

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 1085: FOR AN ACT ENTITLED, An Act to prohibit certain political advertising in highway rights-of-way.

Was read the second time.

The question being "Shall HB 1085 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Brown; 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); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tieszen; Vehle

Nays:
Bradford; Tidemann

Excused:
Buhl; Peters

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

Was read the second time.

The question being "Shall HB 1119 pass as amended?"

And the roll being called:

Yeas 26, Nays 8, Excused 1, Absent 0

Yeas:
Brown; Cutler; 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; Vehle

Nays:
Adelstein; Begalka; Bradford; Frerichs; Hundstad; Maher; Sutton; Tieszen

Excused:
Buhl

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

Was read the second time.

The question being "Shall HB 1146 pass as amended?"

And the roll being called:

Yeas 20, Nays 13, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Frerichs; Hansen (Tom); Haverly; Hundstad; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Rampelberg; Schlekeway; Sutton; Tidemann; Tieszen

Nays:
Fryslie; Garnos; Gray; Heineman; Holien; Hunhoff (Jean); Johnston; Olson (Russell); Peters; Putnam; Rave; Rhoden; Vehle

Excused:
Buhl; Cutler

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

HB 1173: FOR AN ACT ENTITLED, An Act to require the person in charge of local elections to notify the secretary of state when the dates of elections have been set.

Was read the second time.

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

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Hundstad; Nygaard

Excused:
Buhl; Cutler

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

Was read the second time.

The question being "Shall HB 1216 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Kraus

Excused:
Buhl; Cutler

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

Was read the second time.

The question being "Shall HB 1246 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Buhl; Cutler; Olson (Russell)

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

Was read the second time.

The question being "Shall HB 1247 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

Was read the second time.

The question being "Shall HB 1249 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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 1056: FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged and to revise certain provisions regarding county regulation of fireworks.

Was read the second time.

The question being "Shall HB 1056 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Bradford; Kraus; Tieszen

Excused:
Buhl

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.

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

The question being "Shall HB 1007 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Maher

Excused:
Buhl

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.

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 153 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1118.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 7 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 24: FOR AN ACT ENTITLED, An Act to increase the filing fee for a rate case filed by a gas or electric public utility.

SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding land leased by counties.

SB 95: FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights notices.

SB 108: FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate board member for the county legal expense relief board.

SB 129: FOR AN ACT ENTITLED, An Act to revise which county employees may assist in the execution of United States passport applications and to declare an emergency.

SB 142: FOR AN ACT ENTITLED, An Act to repeal the requirement that members of certain boards and commissions receive the advice and consent of the Senate.

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the documentation of data used to make adjustments during the assessment process for factors that affect the capacity of the land to produce agricultural products.

HB 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide preventive and therapeutic services to more persons under certain circumstances.

HB 1081: FOR AN ACT ENTITLED, An Act to eliminate the requirement that certain political subdivisions purchase an accounting manual.

HB 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting hearings to vacate municipal streets or alleys.

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the filing of campaign finance disclosure statements.

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding local historic preservation projects.

HB 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the excusal of a child from school.

HB 1162: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to allow a person in charge of election to use the state system.

And signed the same in the presence of the Senate.

SC 15 Introduced by: Senators Garnos, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Iron Cloud III, Abdallah, Bolin, Carson, Conzet, Dennert, Dryden, Fargen, Feickert, Greenfield, Haggar, Hawley, Hickey, Hubbel, Hunt, Jensen, Jones, Kirschman, Kloucek, Lucas, Magstadt, Miller, Munsterman, Nelson (Stace), Olson (Betty), Perry, Romkema, Rozum, Russell, Schrempp, Sigdestad, Steele, Street, Stricherz, Turbiville, Van Gerpen, and Wismer

A LEGISLATIVE COMMEMORATION, Commending and honoring Clarence W. Skye for his forty-one years of visionary work and service as the Executive Director of the United Sioux Tribes of South Dakota Development Corporation.

WHEREAS, Clarence W. Skye is an enrolled member of the Standing Rock Sioux Tribe of North and South Dakota, which is a federally recognized tribe whose traditional American Indian leaders included Sitting Bull, Gall, and Rain-in-The-Face, among others; and

WHEREAS, Clarence W. Skye served behind the scenes to mediate a peaceful solution at the Incident-At-Wounded Knee with followers of the American Indian Movement who led a seventy-one day standoff which began on February 27, 1973, and was the longest civil disorder in the history of the U.S. Marshal Service; and

WHEREAS, Clarence W. Skye collaborated with the White House of former Presidents Richard Nixon and Gerald Ford, including members of the ninety-third Congress to draft and introduce Public Law 93-638 or the Indian Self-Determination and Educational Assistance Act of 1975, impacting tribes nationwide to a greater level of self-governance and self-determination; and

WHEREAS, President Ronald Reagan appointed Clarence W. Skye as a member of the National Advisory Council on Indian Education on June 1, 1983, and Clarence served two terms on the council until September 29, 1988:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Clarence W. Skye be commended and honored for his outstanding contribution in education, peace, and community development in Indian country and the State of South Dakota.

Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at 4:16 p.m. the Senate adjourned.

Trudy Evenstad, Secretary