JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 7, 2011

    The House convened at 2:00 p.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 Janesa Bakeberg and Katie Wegleitner.

    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-second 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,
Val Rausch, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 86, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

86ja

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

    "    Section 1. That § 61-5-24.1 be amended to read as follows:

    61-5-24.1. Employers required by this title to pay contributions, except employers that pursuant to chapter 61-5A reimburse the unemployment compensation trust fund for benefits paid in lieu of contributions, shall also pay an employer's investment in South Dakota's future fee, hereinafter "investment fee," on wages as defined by this title. The fee rate for employers not eligible for experience rating, as defined in § 61-5-20.2, shall be seventy hundredths percent through calendar year 2006 and fifty-five hundredths percent on and after January 1, 2007. If an employer is eligible for experience rating, his the employer's reserve ratio shall be determined pursuant to § 61-5-18.14 and his the employer's investment fee rate shall be the rate appearing in column "A" on the same line on which his the employer's reserve ratio appears in column "B" of the following rate schedules.

    From January 1, 1993, to December 31, 2006, inclusive:
Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.70%        Less than 0.80%  
0.60%       0.80% and Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  
    From January 1, 2007, to December 31, 2007, inclusive:
Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.60%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2008, to December 31, 2008, inclusive:
Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.58%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2009, to December 31, 2009, inclusive:
Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.56%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    Beginning From January 1, 2010, to December 31, 2010, inclusive:
Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.55%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

            Beginning January 1, 2011:
Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.53%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    The terms and conditions of this title which apply to the payment and collection of contributions also apply to the payment and collection of the investment fee. Proceeds from the investment fee shall be deposited in the clearing account of the unemployment compensation fund for clearance only and may not become part of the fund. After clearance, the money derived from such payments, less refunds made pursuant to the provisions of this title, shall be deposited in the employer's investment in South Dakota's future special revenue fund as provided for in § 61-5-24.2. Investment fee payments may not be credited to the employer's experience rating account and may not be deducted in whole or in part by any employer from the wages of individuals in its employ.

    The investment fee rate may not be increased over the applicable 1987 investment fee rate for any employer with a positive balance in his the employer's experience rating account on the computation date, as established in rules promulgated by the secretary of labor pursuant to chapter 1-26, for the current year and the year preceding the current year.
    The investment rates provided in this section apply to and are retroactive to taxable wages paid on and after January 1, 1993.

    Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


86jta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise the investment fee rate for certain employers and to declare an emergency.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill be amended as follows:

152fh

    On page 1, line 9, of the Senate engrossed bill, delete "2012" and insert "2013".

    On page 2, line 2, delete "$4,494.28" and insert "$4,389.95".

    On page 3, line 13, delete "forty-seven" and insert "thirty-eight".

152ftd

    On page 1, line 1, of the Senate engrossed bill, delete everything after "to" and insert "revise certain provisions concerning state aid to education, to revise and provide for the adjustment of the per student allocation for the state aid to general education formula, and to revise certain property tax levies for the general fund of a school district.".

    On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 196 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 3, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

3fd

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

    "    Section 1. That § 1-6-3.1 be amended to read as follows:

    1-6-3.1. No person may reproduce, duplicate, or otherwise use the official seal of the State of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2, or the state commemorative medallion design or the state bullion piece design adopted by the commissioner of administration for any for-profit, commercial purpose without specific authorization from the commissioner of the Bureau of Administration secretary of state. A violation of this section is a Class 1 misdemeanor.

    Section 2. That § 1-6-3.2 be amended to read as follows:

    1-6-3.2. No person may sell or offer for sale a replica or facsimile of the official seal of the State of South Dakota, adopted and described in §§ 1-6-1 and 1-6-2, or the state commemorative medallion design or the state bullion piece design adopted by the commissioner of administration without the specific authorization from the commissioner of the Bureau of Administration secretary of state. A violation of this section is a Class 1 misdemeanor.

    Section 3. That § 1-6-3.3 be amended to read as follows:

    1-6-3.3. The Bureau of Administration secretary of state shall charge a royalty for the privilege of using the state seal, the state commemorative medallion design, or the state bullion piece design. The Bureau of Administration secretary of state may not charge a royalty if the state seal, the state commemorative medallion design, or the state bullion piece design is used for an educational purpose. The royalty fee collected for the use of the state commemorative medallion design shall be deposited in the commemorative coin fund provided for in § 1-6-23. All other royalty fees collected pursuant to this chapter shall be deposited in the state general fund.

    Section 4. That § 1-6-3.4 be repealed.

    1-6-3.4. Notwithstanding the provisions of §§ 1-6-3.1 to 1-6-3.3, inclusive, the secretary of state shall continue as the custodian of the state seal pursuant to § 1-8-2. "


3fta

    On page 1, line 1, of the Senate engrossed bill, delete "use" and insert "administration".

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 156 which was deferred to the 41st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 178 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 172 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1033, 1062, and 1230 which have passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary
MOTIONS AND RESOLUTIONS

    Rep. Conzet moved that the House do concur in Senate amendments to HB 1174.

    The question being on Rep. Conzet's motion that the House do concur in Senate amendments to HB 1174.

    And the roll being called:

    Yeas 69, Nays 1, Excused 0, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Iron Cloud III

    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. Steele moved that the Committee on State Affairs be instructed to deliver SB 156 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was supported and the committee was so instructed.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding representations and warranties in insurance and annuity applications.

    Was read the second time.

    The question being "Shall SB 44 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Perry

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

    Was read the second time.

    The question being "Shall SB 102 pass?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Perry

    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

    Rep. Wink moved that SB 185, 190, and 188 be placed to follow SB 149 on today's calendar.

    Which motion prevailed.

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

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

    The question being "Shall SB 48 pass?"

    And the roll being called:

    Yeas 65, Nays 4, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Iron Cloud III; Killer; Rozum; Tornow

    Excused:
Kloucek

    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 191: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the sales tax on food refund program.

    Was read the second time.

    The question being "Shall SB 191 pass as amended?"

    And the roll being called:


    Yeas 54, Nays 16, Excused 0, Absent 0

    Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Blake; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kloucek; Liss; Lucas; Schrempp; Sigdestad

    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 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7 sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition interlock devices.

    Was read the second time.

33ob

    Rep. Gosch moved that SB 33 be amended as follows:

    On page 1, line 14, of the House Judiciary Committee engrossed bill, delete "and" and insert "or".

    Which motion prevailed.

    The question being "Shall SB 33 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 4, Excused 0, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Boomgarden; Killer; Lucas; Schrempp

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

    SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes against minors be suppressed under certain conditions.

    Was read the second time.

    The question being "Shall SB 173 pass as amended?"

    And the roll being called:

    Yeas 70, Nays 0, Excused 0, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    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 99: FOR AN ACT ENTITLED, An Act to revise the provisions that determine the amount of the motor vehicle registration fees that shall be applied based on the age of the vehicles.

    Was read the second time.

    The question being "Shall SB 99 pass?"

    And the roll being called:

    Yeas 41, Nays 29, Excused 0, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Dryden; Fargen; Feinstein; Gibson; Greenfield; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Jones; Killer; Kirkeby; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Vanneman; White; Willadsen; Wismer

    Nays:
Conzet; Deelstra; Dennert; Elliott; Feickert; Gosch; Haggar; Hansen (Jon); Hubbel; Iron Cloud III; Jensen; Juhnke; Kirschman; Kloucek; Kopp; Liss; Lucas; Miller; Nelson (Stace); Olson (Betty); Russell; Schrempp; Tornow; Van Gerpen; Venner; Verchio; Wick; Wink; Speaker Rausch

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

    SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of taking pictures without consent and to provide for a felony penalty under certain circumstances.

    Was read the second time.

35re

    Rep. Tornow moved that SB 35 be amended as follows:

    On page 1, line 10, of the House Judiciary Committee engrossed bill, after "person" insert "or disseminate".

    On page 1, line 13, delete "or disseminated" and insert ",".

    Which motion prevailed.

    The question being "Shall SB 35 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 1, Excused 0, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Lucas

    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.

35xta

    Rep. Tornow moved that the title to SB 35 be amended as follows:

    On page 1, line 1, of the House Judiciary Committee engrossed bill, after "taking" insert "or disseminating".

    Which motion prevailed and the title was so amended.

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

    Was read the second time.

    The question being "Shall SB 65 pass as amended?"

    And the roll being called:

    Yeas 62, Nays 8, Excused 0, Absent 0

    Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Blake; Fargen; Feinstein; Gibson; Hunhoff (Bernie); Jones; Lucas; Schrempp

    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.

    Speaker Pro tempore Gosch now presiding.

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

    Was read the second time.

    The question being "Shall SB 193 pass as amended?"

    And the roll being called:

    Yeas 60, Nays 10, Excused 0, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Feinstein; Greenfield; Iron Cloud III; Kopp; Lucas; Miller; Steele; Van Gerpen; Venner; Verchio

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

    Was read the second time.

194fa

    Rep. Feinstein moved that SB 194 be amended as follows:

    On page 2, line 10, of the printed bill, delete everything after "committee." .

    On page 2, line 11, delete everything before "The" .

    Which motion lost.

    The question being "Shall SB 194 pass?"

    And the roll being called:

    Yeas 57, Nays 13, Excused 0, Absent 0

    Yeas:
Abdallah; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; White; Wick; Willadsen; Wink; Speaker Rausch

    Nays:
Blake; Brunner; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Kopp; Liss; Miller; Russell; Van Gerpen; Verchio; Wismer

    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 176: FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking, to establish the elements and degrees of the crime, and to provide penalties for the violation thereof.

    Was read the second time.

176ca

    Rep. Brunner moved that SB 176 be amended as follows:

    On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 9 to 11, inclusive.

    The Speaker, being in doubt of the voice vote, called for a division of the House.

    The Speaker declared Rep. Brunner's motion prevailed.

    The question being "Shall SB 176 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 3, Excused 0, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer

    Nays:
Boomgarden; Gosch; Speaker Rausch

    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 124: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

124oc

    Rep. Wink moved that SB 124 be amended as follows:

    On page 1 of the House Appropriations Committee engrossed bill, delete lines 10 to 12, inclusive.

    On page 2, delete lines 1 to 3, inclusive.

    On page 2, delete lines 22 to 24, inclusive.

    The Speaker, being in doubt of the voice vote, called for a division of the House.

    The Speaker declared Rep. Wink's motion lost.

    The question being "Shall SB 124 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 39, Excused 0, Absent 0

    Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Dennert; Dryden; Fargen; Feickert; Gibson; Gosch; Hawley; Hunhoff (Bernie); Juhnke; Kirschman; Lucas; Lust; Magstadt; Novstrup (David); Perry; Romkema; Rozum; Sigdestad; Solum; Street; Turbiville; White; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Abdallah; Blake; Conzet; Deelstra; Elliott; Feinstein; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kloucek; Kopp; Liss; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Russell; Schaefer; Schrempp; Sly; Steele; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio; Wick

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

    Speaker Rausch now presiding.

    SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions related to distribution of funds to sparse school districts.

    Was read the second time.

    The question being "Shall SB 133 pass as amended?"

    And the roll being called:

    Yeas 37, Nays 33, Excused 0, Absent 0

    Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Juhnke; Kirkeby; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Romkema; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Vanneman; White; Wick; Willadsen; Wink; Speaker Rausch

    Nays:
Blake; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Miller; Nelson (Stace); Olson (Betty); Rozum; Russell; Schaefer; Schrempp; Sigdestad; Street; Van Gerpen; Venner; Verchio; Wismer

    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 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district fund balances.

    Was read the second time.

    Rep. Lust moved that SB 200, 31, 136, 140, 149, 185, 190, and 188 be deferred to Tuesday, March 8th, the 34th legislative day.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 3, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 3, 2011, I approved House Bills 1002, 1045, 1057, 1081, 1092, 1094, 1096, 1099, 1133, and 1162, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1034, 1053, 1104, 1149, 1179, and 1207 were delivered to his Excellency, the Governor, for his approval at 10:40 a.m., March 7, 2011.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1033, 1062, 1175, and 1230 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Russell Olson, Nygaard, and Hundstad 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 1248.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 77, 80, 109, and 151.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Russell moved that the Committee on State Affairs be instructed to deliver SB 88 to the floor of the House, pursuant to Joint Rule 7-7.

    A roll call vote was requested and supported.

    The question being on Rep. Russell's motion that the Committee on State Affairs be instructed to deliver SB 88 to the floor of the House, pursuant to Joint Rule 7-7.

    And the roll being called:

    Yeas 17, Nays 44, Excused 9, Absent 0

    Yeas:
Greenfield; Haggar; Hansen (Jon); Hubbel; Jensen; Liss; Miller; Munsterman; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Tulson; Van Gerpen; Venner; Verchio

    Nays:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kloucek; Lust; Magstadt; Moser; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Stricherz; Turbiville; White; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Abdallah; Jones; Kirschman; Kopp; Lucas; Schrempp; Street; Vanneman; Wick

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

SIGNING OF BILLS

    The Speaker publicly read the title to

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

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

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

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

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

    SB 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from snowmobiles.

    SB 57: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain employers and to declare an emergency.

    SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to a political action committee and to set a limit on contributions.

    SB 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to public records.

    SB 114: FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate maintenance action be restrained from making changes to insurance coverage.

    SB 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail license for certain malt beverage and wine dealers.

    SB 158: FOR AN ACT ENTITLED, An Act to toll the Department of Environment and Natural Resources administrative rules on underground injection control Class III wells and in

situ leach mining until the department obtains primary enforcement authority of the comparable federal programs.

    SB 187: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy inspection fund.

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1036 Introduced by: Representatives Feinstein, Deelstra, Hickey, Kirschman, and Tornow and Senators Cutler and Peters

        A LEGISLATIVE COMMEMORATION, Honoring and commemorating the Sioux Falls Washington High School Girls Bowling Team on winning the 2011 State AA Girls Bowling Championship title.

    WHEREAS, on Friday, February 25, 2011, the Sioux Falls Washington Warriors Girls Bowling Team won its third consecutive State AA Girls Bowling Championship title; and

    WHEREAS, senior Sarah Clark was the captain of the Girls All Tournament Team with a series score of 625; and

    WHEREAS, members of the hard-working, dedicated State AA Girls Bowling Championship Team are Jennifer Chapman Sarah Clark, Heather Melvin, Ashley Thorne, Rachel Tunender, and Karissa Wahlert; and

    WHEREAS, head coach Scott DeVries contributed to the team's success:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Sioux Falls Washington High School Girls Bowling Team be honored and commemorated for winning the 2011 State AA Girls Bowling Championship title.

    HC 1037 Introduced by: Representatives Blake, Abdallah, Deelstra, Elliott, Feinstein, Gibson, Haggar, Hawley, Hubbel, Hunt, Kirschman, Liss, Sigdestad, Steele, Tornow, Wick, and Willadsen and Senators Buhl, Cutler, Heineman, Krebs, Peters, and Schlekeway

        A LEGISLATIVE COMMEMORATION, Commending and congratulating SaiSai Chen, a junior at Lincoln High School in Sioux Falls, on her attainment of a perfect score on the SAT Reasoning Test.

    WHEREAS, the SAT Reasoning Test (formerly known as the Scholastic Aptitude Test) is owned, published and developed by the College Board, and is the most widely used standardized test for college admission; and
    WHEREAS, the SAT Reasoning Test is taken each year by close to two million students, and in 2010, only three hundred eighty-two of those students attained a perfect score of 2,400; and

    WHEREAS, SaiSai Chen, a junior at Lincoln High School in Sioux Falls, took the SAT Reasoning Test in January 2011, and much to her surprise and delight, attained a perfect score of 2,400; and

    WHEREAS, SaiSai is an exemplary student in every way, and someone who is admired by her teachers and fellow students alike for her hard work, outstanding academic achievement, positive attitude, and humble demeanor; and

    WHEREAS, SaiSai's extraordinary score on the SAT Reasoning Test has opened many doors for her, and allows her to attend virtually any college of her choice to pursue a career in the medical field, and to fulfill her dream of making a difference in the lives of many people:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that SaiSai Chen, a junior at Lincoln High School in Sioux Falls, be commended and congratulated for her outstanding achievement in attaining a perfect score of 2,400 on the SAT Reasoning Test, and that SaiSai be wished every success and good fortune in her future.

    HC 1038 Introduced by: Representatives Blake, Abdallah, Deelstra, Elliott, Feinstein, Gibson, Haggar, Hawley, Hubbel, Hunt, Kirschman, Liss, Steele, Tornow, Wick, and Willadsen and Senators Buhl, Cutler, Heineman, Krebs, Peters, and Schlekeway

        A LEGISLATIVE COMMEMORATION, Commending and congratulating Sioux Falls Lincoln High School graduates, Renugan Raidoo and Sarah Swenson, on being named Rhodes Scholars for 2011.

    WHEREAS, the Rhodes Scholarship is an international postgraduate award for study at England's Oxford University, and one of the world's most prestigious awards; and this is the first time that more than one student from South Dakota has received the award in any year, let alone the first time in any year that two students from the same South Dakota high school have received the award; and

    WHEREAS, Renugan Raidoo, who emigrated from South Africa with his family and plans to pursue an advanced degree in social anthropology at Oxford, is currently a senior at the University of Iowa, with majors in chemistry and anthropology; a Presidential Scholar; a Goldwater Scholar; a leader in the University's global health initiative; and an active supporter of Amnesty International and BplansForHumanity; and

    WHEREAS, Sarah Swenson, who plans to study history and English at Oxford before going to medical school, is currently a senior at the University of Oklahoma, with majors in zoology and biomedical science; a junior member of Phi Beta Kappa; a multiple award winner for her scholarship which ranges across biology, history of science, and literature; and an extensive volunteer in hospitals, education, animal welfare, and for Haitian relief; and

    WHEREAS, both of these outstanding Sioux Falls Lincoln High School graduates will enter Oxford University in October 2011, where they will have an opportunity to study for two to three years:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Renugan Raidoo and Sarah Swenson be commended and congratulated on being named Rhodes Scholars for 2011, and that they be wished every success and good fortune, both while they study at Oxford and for their bright futures beyond Oxford.

    HC 1039 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin, Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III, Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman, Novstrup (David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen, Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka, Bradford, Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring SrA Blaine H. Reynolds for his selection as the South Dakota Air National Guard Airman of the Year.

    WHEREAS, SrA Blaine H. Reynolds, a student at the University of South Dakota and an avid community service volunteer, decided to join the Air National Guard to serve his country; and

    WHEREAS, SrA Reynolds, a munitions systems journeyman with the 114th Maintenance Squadron, Sioux Falls, has served his country with honor, deploying for two hundred seventy days to Operation Iraqi Freedom with the 332nd Maintenance Group; and

    WHEREAS, as noted by his South Dakota Air National Guard state supervisors and commanders, SrA Reynolds is dedicated to duty and leadership and exemplifies the total package of Air Force core values; and

    WHEREAS, SrA Reynolds' performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that SrA Blaine H. Reynolds be congratulated and honored as a recipient of the South Dakota Air National Guard Airman of the Year award, be recognized for his outstanding service and outstanding representation of the State of South Dakota, and be extended the best wishes for his continued success, happiness, and safety.

    HC 1040 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin, Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III, Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman, Novstrup (David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen, Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka, Bradford, Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring Tsgt Jason C. Mark for his selection as the South Dakota Air National Guard Noncommissioned Officer of the Year.

    WHEREAS, Tsgt Jason C. Mark, a resident and avid volunteer in the Watertown area, decided to join the Air National Guard to serve his country; and

    WHEREAS, Tsgt Mark, a Fuels Compliance Section NCOIC for the 114th FW LRS, Sioux Falls, has served his country with honor, by dispensing over two million gallons of jet fuel, contributing to 5,171 transactions, and supporting 1,786 sorties; and

    WHEREAS, as noted by the South Dakota Air National Guard State Senior NCOs, Tsgt Mark is a very accomplished NCO who has extended his military success and skills into his job in the credit card industry; and

    WHEREAS, Tsgt Mark's performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Tsgt Jason C. Mark be congratulated and honored as a recipient of the South Dakota Air National Guard Noncommissioned Officer of the Year award, be recognized for his outstanding service and outstanding representation of the State of South Dakota, and be extended the best wishes for his continued success, happiness, and safety.

    HC 1041 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin, Dennert, Dryden, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III, Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman, Novstrup (David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen, Venner, White, Wick, Wink, and Wismer and Senators Johnston, Begalka, Bradford, Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring MSgt Jonathan L. Goehring for his selection as the South Dakota Air National Guard Senior Noncommissioned Officer of the Year.
    WHEREAS, MSgt Jonathan L. Goehring decided to join the Air National Guard to serve his country and assisted in recruiting others to serve; and

    WHEREAS, MSgt Goehring, a Recruiting Officer Supervisor for the 114th FSS, Sioux Falls, has served his country with honor and established outstanding recruiting policies, resulting in the 2010 Winston P. Wilson Award and a one hundred one percent unit manning; and

    WHEREAS, as noted by the South Dakota Air National Guard, MSgt Goehring is a very accomplished Senior NCO who has extended his military success and skills into his private life and has nobly contributed ample off-duty time to volunteer activities; and

    WHEREAS, MSgt Goehring's performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that MSgt Jonathan L. Goehring be congratulated and honored as a recipient of the South Dakota Air National Guard Senior Noncommissioned Officer of the Year award, be recognized for his outstanding service and outstanding representation of the State of South Dakota, and be extended the best wishes for his continued success, happiness, and safety.

    HC 1042 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin, Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III, Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman, Novstrup (David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen, Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka, Bradford, Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring TSgt Thomas D. Dummermuth for his selection as the South Dakota Air National Guard Honor Guard Member of the Year.

    WHEREAS, TSgt Thomas D. Dummermuth decided to join the Air National Guard to serve his country and has served as an excellent and inspirational member of the color guard; and

    WHEREAS, TSgt Dummermuth, an Aircraft Mechanic for the 114th FW, Sioux Falls, has served his country with honor, having participated in and led a number of color guards and displaying and bearing of colors ceremonies at such important events as Honor Flight of South Dakota, South Dakota Enlisted Conference, Night with Heroes at a local high school, an Augustana College Football game, the President's Bowl, Military Appreciation Night at a Sioux Falls Pheasants game, Veterans Memorial Park, and Armed Forces Day Parade of Flags; and

    WHEREAS, as noted by the South Dakota Air National Guard, TSgt Dummermuth is a very accomplished Honor Guard member who strives to continually improve his professional effectiveness by enrolling in the Professional Military Education Correspondence Development Course, the Senior Non-commissioned Officer Academy, and the Leadership Challenge

Program and has nobly contributed ample off-duty time to volunteer activities with his church and philanthropic marathons; and

    WHEREAS, TSgt Dummermuth's performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that TSgt Thomas D. Dummermuth be congratulated and honored as a recipient of the South Dakota Air National Guard Honor Guard Member of the Year award, be recognized for his outstanding service and outstanding representation of the State of South Dakota, and be extended the best wishes for his continued success, happiness, and safety.

    HC 1043 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin, Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III, Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Moser, Munsterman, Novstrup (David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen, Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka, Bradford, Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring MSgt Scott H. Leebens for his selection as the South Dakota Air National Guard Outstanding First Sergeant of the Year.

    WHEREAS, MSgt Scott H. Leebens, a resident of Dell Rapids, decided to join the Air National Guard to serve his country and has served as an inspirational mentor by fostering camaraderie and a sense of belonging within his squadron; and

    WHEREAS, MSgt Leebens, a First Sergeant for the 114th Fighter Wing, Sioux Falls, has served his country with honor, serving as First Sergeant in AEF, deploying to Iraq, and maintaining a high state of morale and readiness for over three hundred airmen of the South Dakota Air National Guard and over eighty Combat Search and Rescue personnel; and

    WHEREAS, as noted by the South Dakota Air National Guard, MSgt Leebens is a very accomplished First Sergeant who has extended his military success and skills into his private life and has nobly contributed ample off duty time to volunteer activities with his local Boy Scout troop and his church; and

    WHEREAS, MSgt Leebens' performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that MSgt Scott H. Leebens be congratulated and honored as a recipient of the South Dakota Air National Guard Outstanding First Sergeant of the Year award, be recognized for his outstanding service and outstanding representation of the State of South Dakota, and be extended the best wishes for his continued success, happiness, and safety.

    HC 1044 Introduced by: Representatives Nelson (Stace), Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Rave, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring Sgt. Tanner Haines for his selection as the South Dakota Army National Guard Noncommissioned Officer of the Year (NCO) award.

    WHEREAS, Sgt. Tanner Haines, a resident of Sioux Falls, decided in January of 2004 to join the National Guard to serve his country; and

    WHEREAS, Sgt. Haines, an assistant ammunition chief with Alpha Battery, 1/147th Field Artillery, Aberdeen, has served his country with honor, deploying twice since joining, first deploying with Charlie Battery, 1/147th Field Artillery, in 2005-2006, and more recently to Kuwait with Alpha Battery, 1/147th Field Artillery, in 2009-2010; and

    WHEREAS, as noted by the South Dakota Army National Guard State Command, Haines is a very studied NCO who leads from the front; and

    WHEREAS, Sgt. Haines' performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Sgt. Tanner Haines be congratulated and honored as a recipient of the South Dakota Army National Guard Noncommissioned Officer of the Year (NCO) award, be recognized for his outstanding service and outstanding representation of the State of South Dakota, and be extended the best wishes for his continued success, happiness, and safety.

    HC 1045 Introduced by: Representatives Nelson (Stace), Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Rave, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs,

Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring all the personnel of the South Dakota Air National Guard's 114th Fighter Wing for their selection as the most outstanding Air National Guard fighter unit in the nation.

    WHEREAS, the 114th Fighter Wing has achieved national recognition as the 2010 recipient of the National Guard Bureau's Winston P. Wilson Trophy; and

    WHEREAS, this prestigious trophy was awarded to the most outstanding Air National Guard unit equipped with jet fighter or reconnaissance aircraft, the presentation was made by Lt. Gen. Harry M. Wyatt III, the director for the Air National Guard, at the annual conference of the National Guard Association of the United States in Austin, Texas; and

    WHEREAS, the selection for this prestigious award provides strong affirmation by U.S. Air Force leaders for their confidence in the contributions of the South Dakota Air National Guard to our nation's defense; and

    WHEREAS, the 114th Fighter Wing's performance is keeping with the highest traditions of the United States Armed Forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that all the personnel of the South Dakota Air National Guard's 114th Fighter Wing be congratulated and honored as a recipient of the National Guard Bureau's Winston P. Wilson Trophy, be recognized for their outstanding service and readiness to continually step into new missions, and be extended best wishes for their continued success, happiness, and safety.

    HC 1046 Introduced by: Representatives Nelson (Stace), Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Rave, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Commending and honoring Spc. Rob Buechler for his selection as the South Dakota Army National Guard Soldier of the Year award.

    WHEREAS, Spc. Rob Buechler, a resident and police officer of Yankton, decided two-and-a-half years ago to serve his country, earn extra money, and provide college money for his

daughter; and

    WHEREAS, Spc. Buechler, a fire direction control specialist with Charlie Battery, 1/147th Field Artillery, has served his country with honor, recently returning from a year-long deployment to Kuwait with Charlie Battery, 1/147th Field Artillery; and

    WHEREAS, Spc. Buechler's performance is in keeping with the highest traditions established by South Dakota's Veterans and the United States Armed forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Spc. Rob Buechler be congratulated and honored as a recipient of the South Dakota Army National Guard Soldier of the Year award, be recognized for his outstanding service and outstanding representation of the State of South Dakota, and be extended the best wishes for his continued success, happiness, and safety.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:50 p.m. the House adjourned.

Karen Gerdes, Chief Clerk