JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

TWENTY-NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 28, 2012

The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Father Kristopher Cowles, followed by the Pledge of Allegiance led by House pages Allison Hosman and Ronni Kenyon.

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 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,

Val Rausch, Chair

Which motion prevailed.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1045 and 1179 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1171 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to return herewith HB 1046, 1206, and 1234 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

Rep. Rozum moved that the House do concur in Senate amendments to HB 1196.

The question being on Rep. Rozum's motion that the House do concur in Senate amendments to HB 1196.

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

Excused:
Iron Cloud III; Russell

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

Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Wednesday, February 29, the 30^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 187 as found on page 620 of the House Journal; also

State Affairs on HCR 1016 as found on pages 620 and 621 of the House Journal; also

Education on SB 130 as found on pages 621 to 623 of the House Journal; also

Appropriations on SB 77 as found on pages 624 to 626 of the House Journal; also

Appropriations on SB 139 as found on pages 626 and 627 of the House Journal; also

Appropriations on SB 193 as found on page 627 of the House Journal; also

Judiciary on SB 141 as found on page 628 of the House Journal; also

Judiciary on SB 149 as found on page 628 of the House Journal; also

Judiciary on SB 183 as found on pages 628 and 629 of the House Journal be adopted.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. White moved that the report of the Conference Committee on SB 99 as found on page 629 of the House Journal be adopted.

The question being on Rep. White's motion that the report of the Conference Committee on SB 99 be adopted.

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

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

Nays:
Greenfield; Jensen; Liss; Nelson (Stace); Olson (Betty); Russell; Tornow; Venner

Excused:
Fargen

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 161: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings held by teleconference or videoconference.

Was read the second time.

The question being "Shall SB 161 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; 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; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 25: FOR AN ACT ENTITLED, An Act to provide for the creation of a new state accountability system for public elementary and secondary schools.

Was read the second time.

The question being "Shall SB 25 pass as amended?"

And the roll being called:

Yeas 45, Nays 25, Excused 0, Absent 0

Yeas:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sly; Solum; Steele; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Bolin; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Kopp; Lucas; Nelson (Stace); Russell; Schrempp; Sigdestad; Street; Stricherz; Van Gerpen; 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 162: FOR AN ACT ENTITLED, An Act to provide for the designation of certified technology parks.

Was read the second time.

The question being "Shall SB 162 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
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; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace); Tornow

Excused:
Abdallah; Russell

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. Lust moved that SB 170 be placed to follow SB 183 on today's calendar.

Which motion prevailed.

SB 43: FOR AN ACT ENTITLED, An Act to criminalize the failure to report the death or disappearance of a child within a specified time by certain persons responsible for the care of the child.

Was read the second time.

The question being "Shall SB 43 pass as amended?"

And the roll being called:

Yeas 66, Nays 4, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Rozum; Schrempp; 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 91: FOR AN ACT ENTITLED, An Act to allow officers of corporations to represent corporations in property tax appeals at the Office of Hearing Examiners.

Was read the second time.

The question being "Shall SB 91 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Elliott; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; 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; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Feickert; Kloucek

Excused:
Dennert; Fargen

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 49: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the second time.

The question being "Shall SB 49 pass?"

And the roll being called:

Yeas 67, Nays 3, 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; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Jensen; Nelson (Stace); Russell

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 80: FOR AN ACT ENTITLED, An Act to exempt veterans from the twelve-month residency requirement for the purposes of tuition and fees.

Was read the second time.

80bb

Rep. Kloucek moved that SB 80 be amended as follows:

On page 1, after line 13 of the Senate Appropriations Committee engrossed bill, insert:

" Section 3. That § 33A-1-16 be amended to read as follows:

33A-1-16. The Department of Veterans Affairs shall cooperate with all national, state, county, municipal, and private social agencies in securing to veterans, National Guard or Reserve members, and their dependents the benefits provided by national, state, and county laws, municipal ordinances, or public or private social agencies. To that end, the department may hold schools of instruction for county and tribal veterans service officers, or call in for instruction individual county or tribal veterans service officers if, in the judgment of the Department of Veterans Affairs, the giving of such instructions or holding of such schools is in the best interest of the work of the department. The department may pay the actual necessary expenses of any such county service officer when attending such schools of instruction away from the officer's home county, out of the funds appropriated for the administration of the department. The expenses may be paid out only on duly itemized vouchers presented to the state auditor and approved by the secretary of veterans affairs.

Section 4. There is hereby appropriated from the general fund the sum of one hundred sixty-seven thousand dollars ($167,000), or so much thereof as may be necessary, to the Department of Veterans Affairs to be used for reimbursement of salary and expenses of veterans' service officers in accordance with §§ 33A-1-16, 33A-1-30, and 33A-1-31.

Section 5. The secretary of veterans affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 6. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2013, shall revert in accordance with the procedures prescribed in chapter 4-8.".

Pursuant to Mason's Manual of Legislative Procedure, Sec. 401, paragraph 1, the Speaker ruled Rep. Kloucek's amendment was not in order.

Rep. Kloucek announced his intention to file a dissent.

The question being "Shall SB 80 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; 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; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Wink

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 146: FOR AN ACT ENTITLED, An Act to provide for an affirmative defense of compulsion for the crime of prostitution.

Was read the second time.

The question being "Shall SB 146 pass?"

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; 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; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
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.

Speaker Pro tempore Gosch now presiding.

SB 148: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to battery committed against infants and unborn children.

Was read the second time.

The question being "Shall SB 148 pass?"

And the roll being called:

Yeas 68, Nays 1, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Rozum; Russell; Schaefer; Schrempp; Scott; 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

Excused:
Romkema

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 187: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the legislative review of state agencies.

Was read the second time.

The question being "Shall SB 187 pass as amended?"

And the roll being called:

Yeas 67, Nays 3, 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; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hubbel; Nelson (Stace); Russell

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 130: FOR AN ACT ENTITLED, An Act to require the school board of each school district to adopt a policy prohibiting bullying.

Was read the second time.

130cj

Rep. Russell moved that SB 130 be amended as follows:

On page 2 of the House Education Committee engrossed bill, delete lines 21 to 24, inclusive, and insert:

" Section 4. The provisions of this Act do not create a cause of action against any school district, school district employee, school volunteer, student, or parent for any actions taken or any omissions that are not intentional.".

On page 3, delete line 1.

Which motion lost.

130xa

Rep. Tornow moved that SB 130 be amended as follows:

On page 2 of the House Education Committee engrossed bill, delete lines 21 to 24, inclusive, and insert:

On page 3, delete line 1.

Which motion lost.

The question being "Shall SB 130 pass as amended?"

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

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

Nays:
Greenfield; Hansen (Jon); Jensen; Kopp; Liss; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Venner; Verchio

Excused:
Cronin

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. Lust moved that SB 77 be placed to follow SB 170 on today's calendar.

Which motion prevailed.

SB 139: FOR AN ACT ENTITLED, An Act to establish the Teach for America grant program within the Department of Education and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 139 pass as amended?"

And the roll being called:

Yeas 61, Nays 9, Excused 0, Absent 0

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

Nays:
Carson; Greenfield; Haggar; Lucas; Olson (Betty); Romkema; Russell; Steele; Turbiville

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 193: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2012 and to declare an emergency.

Was read the second time.

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

And the roll being called:

Yeas 64, Nays 5, Excused 1, 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; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer

Nays:
Cronin; Hubbel; Lucas; Romkema; Russell

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

Was read the second time.

141ya

Rep. Venner moved that SB 141 be amended as follows:

On page 1, line 9, of the House Judiciary Committee engrossed bill, after "relationship" insert "with a person of the opposite sex".

On page 1, line 12, after "partners" insert "of the opposite sex".

On page 2, line 2, after "relationship" insert "with a person of the opposite sex".

On page 2, line 2, after "intimate relationship" insert "with a person of the opposite sex".

A roll call vote was requested and supported.

The question being on Rep. Venner's motion that SB 141 be amended.

And the roll being called:

Yeas 35, Nays 33, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Conzet; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Russell; Sly; Solum; Steele; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio; Wick; Willadsen; Speaker Rausch

Nays:
Abdallah; Blake; Carson; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Lust; Magstadt; Perry; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Street; Stricherz; Turbiville; Wink; Wismer

Excused:
Romkema; White

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 141 was so amended.

The question being "Shall SB 141 pass as amended?"

And the roll being called:

Yeas 46, Nays 22, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Boomgarden; Carson; Conzet; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Turbiville; Vanneman; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Bolin; Brunner; Cronin; Gosch; Greenfield; Haggar; Hubbel; Hunt; Jensen; Kopp; Liss; Miller; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Tulson; Van Gerpen; Venner; Verchio; Wick

Excused:
Romkema; White

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 149: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the conditional release of persons charged with domestic abuse.

Was read the second time.

149rb

Rep. Hunt moved that SB 149 be amended as follows:

On page 2 of the House Judiciary Committee engrossed bill, delete lines 2 to 10, inclusive.

Which motion prevailed.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

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

Nays:
Abdallah; Elliott; Iron Cloud III

Excused:
Romkema; Solum; White

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 183: FOR AN ACT ENTITLED, An Act to establish the elements of the offense of juvenile sexting and to provide a penalty therefor.

Was read the second time.

The question being "Shall SB 183 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, 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); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Tornow

Excused:
Russell; Solum

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. Lust moved that the House do now recess until 4:30 p.m., which motion prevailed and at 3:39 p.m., the House recessed.

RECESS

The House reconvened at 4:30 p.m., the Speaker presiding.

Rep. Cronin moved that the House do now recess until 5:30 p.m., which motion prevailed and at 4:40 p.m., the House recessed.

RECESS

The House reconvened at 5:30 p.m., the Speaker presiding.

SB 170: FOR AN ACT ENTITLED, An Act to repeal the large project development fund and the appropriation therefor, to provide tax rebates for certain energy projects, to establish and provide for the administration of the business incentive grant fund, and to make an appropriation for the business incentive grant fund.

Was read the second time.

Rep. Lust moved that SB 170 be laid on the table.

The question being on Rep. Lust's motion that SB 170 be laid on the table.

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Haggar; 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; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Wink; Wismer; Speaker Rausch

Nays:
Greenfield

Excused:
Abdallah; Feinstein; Hansen (Jon); Willadsen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 170 was tabled.

SB 77: FOR AN ACT ENTITLED, An Act to provide for the establishment of a scholarship program for postsecondary technical institute students and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 77 pass as amended?"

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; 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; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Cronin; Gosch; Romkema; Russell

Excused:
Abdallah

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.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1093, 1136, and 1242 were tabled.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 99.

Respectfully,
Fee Jacobsen, Secretary

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1017, 1018, 1051, 1117, 1130, 1156, 1164, 1178, 1199, 1254, and 1263 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 28, 2012.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HJR 1006 was delivered to his Excellency, the Secretary of State, for filing at 9:40 a.m., February 28, 2012.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1045, 1059, 1179, and 1230 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1045: FOR AN ACT ENTITLED, An Act to revise various trust provisions.

HB 1059: FOR AN ACT ENTITLED, An Act to revise Article 9 of the Uniform Commercial Code, to make an appropriation, and to declare an emergency.

HB 1179: FOR AN ACT ENTITLED, An Act to require certain campaign finance requirements to apply to all counties and municipalities.

HB 1230: FOR AN ACT ENTITLED, An Act to modify the publication requirements for water rights applications.

SB 112: FOR AN ACT ENTITLED, An Act to remove the limitation on the number of retail gaming licenses in Deadwood in which a person may have a financial interest.

SB 186: FOR AN ACT ENTITLED, An Act to update the definition of the nonsectarian textbooks that are loaned to certain students to include digital materials.

SB 192: FOR AN ACT ENTITLED, An Act to make appropriations for the purpose of one-time increases in education and health care funding.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1024 Introduced by: Representatives Kloucek, Blake, Bolin, Cronin, Deelstra, Dennert, Feickert, Hawley, Hubbel, Jones, Lucas, Miller, Olson (Betty), Rausch, Sigdestad, Tulson, Turbiville, and Wismer and Senators Putnam, Brown, Frerichs, Hunhoff (Jean), Johnston, and Sutton

A LEGISLATIVE COMMEMORATION, Commending and honoring 2012 Miss Teen Great Plains International Alaina Bertsch on her accomplishment.

WHEREAS, Alaina Bertsch was born on June 1, 1995, in Mitchell, South Dakota and is currently a student in Mt. Vernon, South Dakota with a 3.5 GPA; and

WHEREAS, Alaina Bertsch was crowned 2012 Miss Teen Great Plains International in which each contestant picks a platform to promote and Alaina chose dyslexia and other learning disabilities; and

WHEREAS, Alaina Bertsch has dyslexia, which is a learning disability, and was placed into a 504 Plan, where different strategies are used to help her: provide written notes by using a planner to write down assignments, using color-film sheets, using closed captions, and having tests and assignments read out loud and being a hands-on person; and

WHEREAS, Alaina Bertsch's mission is to promote better understanding and awareness of dyslexia and other learning disabilities, to advocate for early screening for students and special training for teachers, and to embrace others who have learning differences and help find ways to raise and preserve their self-esteem; and

WHEREAS, Alaina Bertsch's other accomplishments in life include: Theater, One-Act Plays Outstanding Actress Award of 2011; Oral Interp, featured singer of the 9-11 Patriotic Flag Ceremony in Pierre, South Dakota; Miss Teen South Dakota International 2011; Miss Congeniality and third runner-up in Miss South Dakota Teen USA 2012; Miss Teen Great Plains in 2012; All-State Chorus Soprano Delegate in the fall of 2011; and Vocal Solo Contest, Freshman, Sophomore, and Junior years, superior ratings; and

WHEREAS, Alaina Bertsch has put in her time and effort around her committee and volunteering more than one hundred hours for Holy Family Church and is a part of the Learning Disabilities of America South Dakota which promotes awareness of dyslexia and other learning disabilities in our state:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Alaina Bertsch is honored and commemorated for being 2012 Miss Teen Great Plains International and all the work she does for the awareness of learning disabilities.

HC 1025 Introduced by: Representatives Schaefer, Abdallah, Blake, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Jones, Kirkeby, Kirschman, Kopp, Liss, Lucas, Lust, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Perry, Romkema, Rozum, Russell, Scott, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Juhnke, Adelstein, Bradford, Brown, Buhl, Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Johnston, Kraus, Krebs, Maher, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Thanking and commending Sanford Health, the University of South Dakota, and the Matson Halverson Christiansen Hamilton Foundation

for their tireless efforts to promote rural economic development in South Dakota by assisting rural South Dakota's nontraditional students as they complete their healthcare degrees through the Prairie Futures initiative.

WHEREAS, the Prairie Futures initiative assists nontraditional students in South Dakota by providing numerous services including scholarships, tutoring, transportation, daycare, mentoring, coaching, computers, and lab equipment; and

WHEREAS, each job created in the Sanford Chamberlain hospital creates another 0.44 jobs in other businesses and industries in Brule County; and

WHEREAS, the direct impact of one hundred sixty-eight employees results in an indirect and induced impact of seventy-four additional jobs in Brule County; and

WHEREAS, for each dollar of income generated by a hospital employee, another thirty-five cents is generated in other businesses and industries in Brule County:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the South Dakota Legislature thanks and commends Sanford Health, the University of South Dakota, and the Matson Halverson Christiansen Hamilton Foundation for their tireless efforts to promote rural economic development in South Dakota by assisting rural South Dakota's nontraditional students as they complete their healthcare degrees through the Prairie Futures initiative.

HC 1026 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Nygaard and Brown

A LEGISLATIVE COMMEMORATION, Commending and honoring Specialist Tyler Eissler for his selection as the South Dakota Army National Guard Soldier of the Year.

WHEREAS, the South Dakota Army National Guard consistently is ranked as one of the best Army Guard units in the nation; and

WHEREAS, Specialist Eissler was selected as the Soldier of the Year of the South Dakota Army National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, Specialist Eissler's dedication to duty and leadership exemplifies the total package of Army core values; and

WHEREAS, Specialist Eissler's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Specialist Tyler Eissler is congratulated and honored as a recipient of the South Dakota Army National Guard Soldier of the Year award, is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for his continued success, happiness, and safety. Hooah!

HC 1027 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Nygaard and Brown

A LEGISLATIVE COMMEMORATION, Commending and honoring Sergeant James Dvorak for his selection as the South Dakota Army National Guard Non-Commissioned Officer of the Year.

WHEREAS, the South Dakota Army National Guard consistently is ranked as one of the best Army Guard units in the nation; and

WHEREAS, Sergeant Dvorak was selected as the Non-Commissioned Officer of the Year of the South Dakota Army National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, Sergeant Dvorak's dedication to duty and leadership exemplifies the total package of Army core values; and

WHEREAS, Sergeant Dvorak's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Sergeant James Dvorak is congratulated and honored as a recipient of the South Dakota Army National Guard Non-Commissioned Officer of the Year award, is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for his continued success, happiness, and safety. Hooah!

HC 1028 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Nygaard and Brown

A LEGISLATIVE COMMEMORATION, Commending and honoring Technical Sergeant Scott A. Richardson for his selection as the South Dakota Air National Guard Non-Commissioned Officer of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Technical Sergeant Richardson was selected as the Non-Commissioned Officer of the Year of the South Dakota Air National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

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

WHEREAS, Technical Sergeant Richardson's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Technical Sergeant Scott A. Richardson is congratulated and honored as a recipient of the south Dakota Air National Guard Non-Commissioned Officer of the Year award, is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for his continued success, happiness, and safety.

HC 1029 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Brown and Nygaard

A LEGISLATIVE COMMEMORATION, Commending and honoring Master Sergeant Adam J. Punt for his selection as the South Dakota Air National Guard Senior Non-Commissioned Officer of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Master Sergeant Punt was selected as the Senior Non-Commissioned Officer of the Year of the South Dakota Air National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

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

WHEREAS, Master Sergeant Punt's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Master Sergeant Adam J. Punt is congratulated and honored as

a recipient of the South Dakota Air National Guard Senior Non-Commissioned Officer of the Year award, is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for his continued success, happiness, and safety.

HC 1030 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Nygaard and Brown

A LEGISLATIVE COMMEMORATION, Commending and honoring Captain Chris Long for his selection as South Dakota Army National Guard Lieutenant of the Year.

WHEREAS, the South Dakota Army National Guard consistently is ranked as one of the best Army Guard units in the nation; and

WHEREAS, Captain Long was selected as the Lieutenant of the Year of the South Dakota Army National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, Captain Long's dedication to duty and leadership exemplifies the total package of Army core values; and

WHEREAS, Captain Long's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Captain Chris Long is congratulated and honored as a recipient of the South Dakota Army National Guard Lieutenant of the Year award, is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended our best wishes for his continued success, happiness, and safety. Hooah!

HC 1031 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Brown and Nygaard

A LEGISLATIVE COMMEMORATION, Commending and honoring Master Sgt. Lisa G. Eisenhauer for her selection as the South Dakota Air National Guard Honor Guard Member of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Master Sergeant Eisenhauer was selected as the best honor guard member of the South Dakota Air National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

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

WHEREAS, Master Sergeant Eisenhauer's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Master Sergeant Lisa G. Eisenhauer is congratulated and honored as a recipient of the South Dakota Air National Guard Honor Guard Member of the Year award, is recognized for her outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for her continued success, happiness, and safety.

HC 1032 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Brown and Nygaard

A LEGISLATIVE COMMEMORATION, Commending and honoring SrA Brittnie B. Bunkers for her selection as the South Dakota Air National Guard Airman of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, SrA Bunkers was selected as the best airman in the South Dakota Air National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

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

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

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that SrA Brittnie B. Bunkers is congratulated and honored as a recipient of the South Dakota Air National Guard Airman of the Year award, is recognized for her outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for her continued success, happiness, and safety.

HC 1033 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Nygaard and Brown

A LEGISLATIVE COMMEMORATION, Commending and honoring Chief Warrant Officer Three Brian Maschino for his selection as the South Dakota Army National Guard Warrant Officer of the Year.

WHEREAS, South Dakota Army National Guard consistently is ranked as one of the best Army Guard units in the nation; and

WHEREAS, Chief Warrant Officer Three Brian Maschino was selected as the Warrant Officer of the Year of the South Dakota National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, Chief Warrant Officer Three Brian Maschino's dedication to duty and leadership exemplifies the total package of Army core values; and

WHEREAS, Chief Warrant Officer Three Brian Maschino's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Chief Warrant Officer Three Brian Maschino is congratulated and honored as a recipient of the South Dakota Army National Guard Warrant Officer of the Year award, is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended our best wishes for his continued success, happiness, and safety. Hooah!

HC 1034 Introduced by: Representatives Nelson (Stace), Hawley, Hunt, Kopp, Liss, Steele, and Venner and Senators Brown and Nygaard

A LEGISLATIVE COMMEMORATION, Commending and honoring Master Sergeant Kenneth A. Grunewaldt for his selection as the South Dakota Air National Guard First Sergeant of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Master Sergeant Grunewaldt was selected as the First Sergeant of the Year of the Dakota Air National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

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

WHEREAS, Master Sergeant Grunewaldt's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Master Sergeant Kenneth A. Grunewaldt is congratulated and honored as a recipient of the South Dakota Air National Guard First Sergeant of the Year award, is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for his continued success, happiness, and safety.

HC 1035 Introduced by: Representatives Deelstra, Hansen (Jon), Hickey, Hubbel, Nelson (Stace), and Willadsen and Senators Peters, Rave, and Schlekeway

A LEGISLATIVE COMMEMORATION, Acknowledging, commending, and honoring the West Central School District for its outstanding accomplishments.

WHEREAS, the 2011 West Central band members represented the State of South Dakota in the oldest fourth of July parade in Bristol, Rhode Island; and

WHEREAS, the 2011 West Central soccer athletes and coaches won the State Class A Girls' Championship; and

WHEREAS, the 2011 West Central track and field athletes and coaches won the State Class A Girls' Championship; and

WHEREAS, the 2011 West Central track and field athletes and coaches won the State Class A Girls' and Boy's Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the West Central School District students, teachers, and coaching staff be congratulated and commended for their outstanding performances in the 2011 season.

HC 1036 Introduced by: Representatives Nelson (Stace), Boomgarden, Gibson, Greenfield, Jones, Lucas, Olson (Betty), and Wick and Senators Lederman and Haverly

A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Brent Saucerman for ten years of providing security at the South Dakota Capitol Complex.

WHEREAS, Trooper Saucerman first provided security for the South Dakota Capitol Complex as a Capitol Complex police officer and assisted in setting up security policies and procedures to ensure security for the visitors to the Capitol, which he continued during his six and one-half years tenure as a South Dakota Highway Patrol Trooper; and

WHEREAS, during his tenure as a Capitol Complex police officer and South Dakota Highway Patrol Trooper, he provided security for significant statewide events including the Korean War Memorial dedication, the Vietnam War Memorial dedication, public viewing of the new Governor's Residence, and former Governor Janklow's memorial services at the Capitol, all the while befriending Capitol personnel and South Dakotans from across the state; and

WHEREAS, the actions and performance of Trooper Saucerman were instrumental in establishing and maintaining the highest traditions of the troopers of the South Dakota Highway Patrol:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature commends South Dakota Highway Patrol Trooper Brent Saucerman, thanks him for his outstanding service to the State of South Dakota, and extends best wishes for his continued success, happiness, and safety.

HC 1037 Introduced by: Representatives Dennert, Brunner, Hoffman, Kloucek, Kopp, Schaefer, Scott, Sigdestad, Street, Van Gerpen, Vanneman, and Verchio and Senators Hansen (Tom), Begalka, Frerichs, Fryslie, Krebs, Maher, Rampelberg, Rhoden, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring and recognizing seventy-five years of conservation leadership.

WHEREAS, the Dirty Thirties were epitomized by rolling dust storms, dirt-clogged fence lines, and hardship caused in part by inadequate conservation practices; and

WHEREAS, the 1937 South Dakota Legislature recognized the urgent need for local leadership to conserve our natural resources and enacted HB 206 allowing South Dakotans to organize conservation districts through petition and referendum; and

WHEREAS, all of South Dakota's lands became part of conservation districts in 1972 when the city of Freeman elected to be included; and

WHEREAS, the conservation district mission is to take all available technical, financial, and educational resources and focus or coordinate them so they meet the needs of the local land manager with conservation of soil, water, and related natural resources; and

WHEREAS, South Dakota's conservation districts have provided seventy-five years of vital local leadership encouraging stewardship of the natural resources, which are our state's economic base; and

WHEREAS, every South Dakotan, urban and rural, benefits from efforts to improve soil health, water quality, air quality, plant diversity, and habitat for wild and domestic animals; and

WHEREAS, conservation involves personal and social responsibility, including a duty to learn about and improve natural resources as we use them wisely, leaving a rich legacy for future generations:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature salutes our state's current and previous conservation district leaders and recognizes the economic, social, and recreational importance of natural resources conservation to the entire state.

HC 1038 Introduced by: Representatives Nelson (Stace), Hansen (Jon), and Kloucek and Senator Putnam

A LEGISLATIVE COMMEMORATION, Honoring Dr. Carol Pistulka, superintendent of the McCook Central School District, on her retirement after dedicated service to the youth and families of the McCook Central School District.

WHEREAS, Dr. Pistulka graduated from Parker High School in 1961 and Mount Marty College in 1990 with a BA in elementary education. She earned her Master's in special education from the University of South Dakota in 1991 and then an Education Specialist degree in educational administration. In 2004, she earned a Doctorate of Education from USD; and

WHEREAS, Dr. Pistulka started with the McCook Central School District in 1991 at Spencer. She moved to the district's Salem site and later accepted the Elementary Principal position in 1995. She became Superintendent of McCook Central School District in 2006; and

WHEREAS, Dr. Pistulka's many accomplishments include reducing classroom size by implementing multiage classrooms, service on the McCook County Child Protection Team, and implementing preschool and junior kindergarten programs for early identification and intervention for children with disabilities. Dr. Pistulka has been involved with the maintenance and renovation of numerous school facilities and was instrumental in starting a breakfast program and an after-school program which she personally supervised; and

WHEREAS, Dr. Pistulka, with the generous support of her husband, Duane, and children, Craig, Damon, Brian, and Tina, has blessed the McCook community with her tireless public service and personal generosity these many years; and

WHEREAS, Dr. Pistulka has been a great mentor, superintendent, principal, teacher, and friend to those she worked with, and the students in her charge:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature thanks and honors Dr. Carol Pistulka for her outstanding lifetime commitment to public education and wishes her well in her retirement.

HC 1039 Introduced by: Representatives Gibson, Blake, Bolin, Boomgarden, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Fargen, Feickert, Feinstein, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Jensen, Jones, Killer, Kirkeby, Kirschman, Kopp, Lucas, Lust, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Romkema, Russell, Schaefer, Scott, Sigdestad, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, Wick, Willadsen, Wink, and Wismer and Senators Hansen (Tom), Adelstein, Begalka, Bradford, Brown, Buhl, Frerichs, Fryslie, Gray, Heineman, Holien, Juhnke, Kraus, Lederman, Nelson (Tom), Novstrup (Al), Peters, Putnam, Rampelberg, Sutton, Tidemann, and Vehle

A LEGISLATIVE COMMEMORATION, Commending and honoring Darin Peterka of Miller High School for his outstanding athletic performance.

WHEREAS, the student athlete Darin Peterka of Miller High School has broken the fifty-five year old Miller High School basketball career point scoring record of 1,385 points; and

WHEREAS, Darin has shown exemplary patience, dedication, and tenacity in his participation in athletics and has received much support from his teammates; and

WHEREAS, all members of the Miller High School basketball coaching staff facilitated and cultivated the physical, mental, and emotional growth and development of the student athletes:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature congratulates Darin Peterka on the success of his outstanding athletic performance.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 5:56 p.m. the House adjourned.

Karen Gerdes, Chief Clerk