JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 8, 2012

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

The prayer was offered by the Chaplain, Pastor Wes Labrier, followed by the Pledge of Allegiance led by House pages Andrew Weber and Erin Willadsen.

Roll Call: All members present except Rep. Stricherz who was excused.

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 sixteenth 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.

COMMUNICATIONS AND PETITIONS

February 8, 2012

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 7, 2012, I approved House Bills 1014, 1016, 1022, 1023, 1024, 1025, and 1048, 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 Appropriations respectfully reports that it has had under consideration HB 1211 and returns the same without recommendation.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1123, 1215, and 1225 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1159 which was tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1214, 1216, 1237, and 1240 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1138 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 10, of the printed bill, delete everything after "10-50B" and insert ". The product produced by the machine shall comply with the provisions of chapter 34-49 by July 1, 2014.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill be amended as follows:

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On page 3, line 17, of the printed bill, delete everything after "liable" and insert "if the claimant fails to prove".

On page 3, after line 21, insert "designed,".

On page 3, line 22, delete "defective".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 6, of the printed bill, after "dealer" insert ", as defined in § 37-5-12.1 or subdivision 37-5-13(1),".

On page 1, line 7, delete ", without having to prove irreparable injury,".

On page 2, line 8, delete "primarily" and insert "from manufacturer authorized facilities".

On page 2, delete line 9, and insert "include any person with total annual gross sales in this state and elsewhere of one hundred million dollars or more of industrial".

On page 2, line 10, after "construction equipment," insert "attachments,".

On page 2, line 15, delete "primarily" and insert "from manufacturer authorized facilities".

On page 2, delete line 17, and insert "total annual gross sales in this state and elsewhere of one hundred million dollars or more of industrial and".

On page 2, line 18, after "construction equipment," insert "attachments,".

On page 2, line 24, delete "37-5-" and insert "37-5-12.2(3);".

On page 3, delete line 1.

On page 3, line 5, after "manufacturer" insert "of industrial and construction equipment".

On page 3, line 6, after "sales" insert "of industrial and construction equipment".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1265 which was tabled.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1187 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1174, 1175, 1191, 1259, and 1268 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 7 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1261 and HJR 1010 which were tabled.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1272 and HJR 1008 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1077 and 1094 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1005 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 99, 107, 127, 137, 141, and 156 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Urging the members of the South Dakota Congressional delegation to sponsor and support the Marketplace Fairness Act and the Marketplace Equity Act.

Rep. Lucas moved that HCR 1007 as found on pages 334 to 336 of the House Journal be adopted.

The question being on Rep. Lucas' motion that HCR 1007 be adopted.

And the roll being called:

Yeas 60, Nays 9, 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; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hubbel; Jensen; Kopp; Liss; Nelson (Stace); Russell; Tornow; Venner; Verchio

Excused:
Stricherz

So the motion having received an affirmative vote of a majority of the members elect, the Speaker declared the motion carried and HCR 1007 was adopted.

SCR 2: A CONCURRENT RESOLUTION, Urging the United States Postal Service to reconsider the closing of post offices in rural South Dakota.

Rep. Vanneman moved that SCR 2 as found on pages 258 and 259 of the Senate Journal be concurred in.

The question being on Rep. Vanneman's motion that SCR 2 be concurred in.

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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Stricherz

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

Rep. Kloucek moved that the Committee on Appropriations be instructed to deliver HB 1106 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Kopp moved that the Committee on Judiciary be instructed to deliver HB 1015 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion lost.

Yesterday, Rep. Kirkeby announced his intention to reconsider the vote by which HB 1158 passed.

Rep. Kirkeby moved that the House do now reconsider the vote by which HB 1158 passed.

The question being on Rep. Kirkeby's motion to reconsider the vote by which HB 1158 passed.

And the roll being called:

Yeas 27, Nays 41, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Boomgarden; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Kirkeby; Kloucek; Kopp; Munsterman; Romkema; Scott; Sigdestad; Street; Tornow; Vanneman; White; Wink; Wismer

Nays:
Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Kirschman; Liss; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Rozum; Russell; Schaefer; Schrempp; Sly; Solum; Steele; Tulson; Turbiville; Van Gerpen; Venner; Verchio; Wick; Willadsen; Speaker Rausch

Excused:
Lucas; Stricherz

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1100 as found on page 332 of the House Journal; also

Local Government on HB 1066 as found on page 348 of the House Journal; also

Local Government on HB 1130 as found on pages 348 and 349 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 99: FOR AN ACT ENTITLED, An Act to prohibit certain licensees or employees of a licensed establishment who have been charged with certain felony offenses from entering the licensed premises and to provide a penalty therefor.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding personalized motor vehicle license plates.

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

SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding educational data reporting.

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

SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application for absentee voting.

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

SB 141: FOR AN ACT ENTITLED, An Act to revise the legal definition of the term, domestic abuse.

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

SB 156: FOR AN ACT ENTITLED, An Act to establish strangulation as one element of the crime of aggravated assault.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 140: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding glazing material on motorcycle windshields and wind deflectors.

Was read the second time.

The question being "Shall SB 140 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Miller; Stricherz

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1192: FOR AN ACT ENTITLED, An Act to amend certain limited liability company language.

Was read the second time.

The question being "Shall HB 1192 pass?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, 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; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Kloucek; Nelson (Stace)

Excused:
Hubbel; Stricherz

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

HB 1133: FOR AN ACT ENTITLED, An Act to establish the Legislature's Planning Committee.

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

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Rep. Wick moved that HB 1133 be amended as follows:

On page 1, line 12, of the printed bill, after "." insert "However, no fewer than two representatives, one from each party, and one senator shall be reappointed each biennium to provide continuity.".

Which motion prevailed.

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Rep. Hunhoff moved that HB 1133 be further amended as follows:

On page 1, line 12, of the printed bill, delete "members" and insert "total membership".

Which motion prevailed.

Rep. Greenfield requested a fiscal note on HB 1133.

Which request was supported.

HB 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension of a driver license for certain alcoholic beverage violations.

Was read the second time.

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

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

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

Nays:
Lucas

Excused:
Cronin; Hubbel; Stricherz

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.

HB 1083: FOR AN ACT ENTITLED, An Act to to provide for term limits for brand board service.

Was read the second time.

The question being "Shall HB 1083 pass?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Romkema; Rozum; Russell; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Novstrup (David); Perry; Street

Excused:
Schaefer; Stricherz

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

HB 1084: FOR AN ACT ENTITLED, An Act to revise the political qualifications for brand board membership.

Was read the second time.

The question being "Shall HB 1084 pass?"

And the roll being called:

Yeas 37, Nays 29, Excused 4, Absent 0

Yeas:
Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Greenfield; Haggar; Hansen (Jon); Hickey; Jensen; Kirkeby; Kopp; Liss; Lust; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Scott; Solum; Steele; Tornow; Tulson; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Abdallah; Blake; Brunner; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Hawley; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Magstadt; Schrempp; Sigdestad; Sly; Street; Turbiville; Verchio; Wismer

Excused:
Miller; Nelson (Stace); Schaefer; Stricherz

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.

Rep. Kloucek announced his intention to reconsider the vote by which HB 1084 passed.

HB 1087: FOR AN ACT ENTITLED, An Act to limit the terms of certain conservation easements.

Was read the second time.

The question being "Shall HB 1087 pass?"

And the roll being called:

Yeas 22, Nays 45, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Greenfield; Hansen (Jon); Hickey; Hubbel; Killer; Kloucek; Kopp; Liss; Nelson (Stace); Olson (Betty); Russell; Schaefer; Schrempp; Scott; Sigdestad; Steele; Tornow; Van Gerpen; Wink

Nays:
Abdallah; Blake; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; Lucas; Lust; Magstadt; Moser; Novstrup (David); Perry; Romkema; Rozum; Sly; Solum; Street; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Miller; Munsterman; Stricherz

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

HB 1163: FOR AN ACT ENTITLED, An Act to allow subdivisions of government to operate as organizations formed under § 58-18-52 for the purchase of health insurance.

Was read the second time.

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Rep. Dryden moved that HB 1163 be amended as follows:

On page 1, line 6, of the printed bill, delete "subdivision of government" and insert "political subdivision of the state".

On page 1, line 7, delete "subdivisions of government" and insert "political subdivisions of the state".

Which motion prevailed.

The question being "Shall HB 1163 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

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

Nays:
Fargen; Hansen (Jon); Liss

Excused:
Munsterman; Steele; Stricherz

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.

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Rep. Dryden moved that the title to HB 1163 be amended as follows:

On page 1, line 1, of the printed bill, delete "subdivisions of government" and insert "political subdivisions of the state".

Which motion prevailed and the title was so amended.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1194 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 HB 1254 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 6, of the printed bill, delete "subdivision 34-23A-59(5)" and insert "section 8 of this Act".

On page 11, line 10, after "who" insert "knowingly and intentionally".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1205 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1077 and 1094 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

Speaker Rausch now presiding.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1077: FOR AN ACT ENTITLED, An Act to authorize municipalities to establish incidental accounts.

HB 1094: FOR AN ACT ENTITLED, An Act to require the filing of certain documents relating to the vacation, location, or changing of highways with the register of deeds.

SB 63: FOR AN ACT ENTITLED, An Act to revise the term of service of regional railroad authority commissioners.

SB 64: FOR AN ACT ENTITLED, An Act to revise provisions regulating the perfection of security interest liens filed on-line.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1013 Introduced by: Representatives Hawley, Abdallah, Blake, Brunner, Cronin, Dennert, Elliott, Fargen, Feickert, Feinstein, Gibson, Haggar, Hansen (Jon), Hickey, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Rozum, Schaefer, Schrempp, Scott, Sigdestad, Solum, Street, Stricherz, Tulson, Turbiville, Van Gerpen, Venner, Wick, Willadsen, and Wismer and Senators Sutton, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Hansen (Tom), Heineman, Holien, Hunhoff (Jean), Juhnke, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Rhoden, Tidemann, and Tieszen

A LEGISLATIVE COMMEMORATION, Commending and honoring those who served in the Korean War, on the sixtieth anniversary of the war's end.

WHEREAS, on June 25, 1950, communist North Korea invaded the Republic of Korea with approximately 135,000 troops, thereby initiating the Korean War; and

WHEREAS, after three years of bitter fighting, hostilities ended in a cease-fire marked by the signing of the armistice at Panmunjom on July 27, 1953. After sixty years, the peninsula still technically remains in a state of war; and

WHEREAS, during the Korean War, approximately 26,000 South Dakotans and nearly two million United States troops served in the Korean theater of operations, along with the forces of the Republic of Korea and twenty other member nations of the United Nations, to defend freedom and democracy; and

WHEREAS, one hundred sixty South Dakota residents died while serving in the Korean War between 1950 and 1953; and

WHEREAS, since the end of the Korean War, the United States has maintained large-scale military forces in Korea, ranging between 50,000 and the current level of 28,500 United States Armed Forces members serving in Korea to defend against external aggression and to promote regional peace; and

WHEREAS, the Department of Defense Sixtieth Anniversary of the Korean War Commemoration Committee is committed to locating and recognizing American veterans of the Korean War:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Sixtieth Anniversary of the Korean War be recognized and that those who served there be commemorated and honored.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:16 p.m. the House adjourned.

Karen Gerdes, Chief Clerk