Senate Journal 3/5/2013 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION

THIRTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 5, 2013

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

The prayer was offered by the Chaplain, Father David Hussey, followed by the Pledge of Allegiance led by Senate page Garrett Keegan.

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

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-third 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,

Corey Brown, Chair

Which motion prevailed.

HONORED GUEST

The President introduced Molly Hermann, Sturgis, 2012 Girls' State Governor, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 34, 44, 66, 84, 120, 153, 154, 158, 166, 174, 198, and 199 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 6, 74, 83, 96, 115, 119, 130, 145, 156, and 227 were delivered to his Excellency, the Governor, for his approval at 11:30 a.m., March 5, 2013.

Respectfully submitted,
Corey Brown, Chair

REPORT OF CONFERENCE COMMITTEE

cc39A

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 39 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 39 be amended as follows:

39rk

On page 5, after line 7 of the House engrossed bill, insert:

"Section 4. That § 23A-27-1.1 be amended to read as follows:

23A-27-1.1. ~~Upon~~ If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, the victim~~, in the discretion of the court, may~~ has the right to orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

The defendant shall be permitted to respond to such statements orally or by presentation of evidence and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.

For the purpose of this section, the term, victim, means the actual victim or the parent, spouse, next of kin, legal or physical custodian, guardian, foster parent, case worker, victim advocate, or mental health counselor of any actual victim who is incompetent by reason of age or physical condition, who is deceased, or whom the court finds otherwise unable to comment.

Section 5. That § 23A-27-1.3 be amended to read as follows:

23A-27-1.3. ~~Upon~~ If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, a victim~~, in the discretion of the court, may~~ has a right to address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

The defendant shall be permitted to respond to such statements and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.

For the purpose of this section, the term, victim, means anyone adversely impacted emotionally, physically, or monetarily by the defendant's crime. "

Respectfully submitted,                Respectfully submitted,
Mike Stevens                        Craig Tieszen
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 180 and 216 were lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1075, 1087, 1126, 1144, 1163, and 1208.

Also MR. PRESIDENT:

I have the honor to return herewith SB 59 and 106 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 66, 153, 154, 158, 166, and 199 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Lust, Stevens, and Heinert as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 147.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Munsterman, Novstrup, and Parsley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 5.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Johns, Stevens, and Killer as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 39.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that today's calendar for second reading of House Bills be rearranged as follows: HB 1142, 1165, 1212, 1030, 1033, 1068, 1122, 1096, 1123, 1130, 1171, 1168, 1060, 1137, 1161, 1184, 1214, 1239, 1164, 1189, and 1050.

Which motion prevailed.

Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:30 a.m., Wednesday, March 6, the 35^th legislative day.

Which motion prevailed.

Sen. Sutton moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on tomorrow's calendar SR 2 Commending the Jobs for America's Graduates (JAG) pilot program at Wagner Community School, and honoring Sage Zephier for delivering the student address for the JAG National Leadership Awards luncheon in Washington, D.C.

The question being on Sen. Sutton's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on tomorrow's calendar SR 2 Commending the Jobs for America's Graduates (JAG) pilot program at Wagner Community School, and honoring Sage Zephier for delivering the student address for the JAG National Leadership Awards luncheon in Washington, D.C.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Buhl

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.

SR 2 Introduced by: Senators Sutton, Adelstein, Begalka, Bradford, Brown, Buhl, Ewing, Frerichs, Holien, Johnston, Jones, Kirkeby, Krebs, Lederman, Lucas, Maher, Novstrup (Al),

Olson (Russell), Omdahl, Otten (Ernie), Rhoden, Tidemann, Van Gerpen, Vehle, Welke, and White

A RESOLUTION, Commending the Jobs for America's Graduates (JAG) pilot program at Wagner Community School, and honoring Sage Zephier for delivering the student address for the JAG National Leadership Awards Luncheon in Washington, D.C.

WHEREAS, Jobs for America's Graduates (JAG) is a state-based national nonprofit organization dedicated to helping students stay in school through graduation, pursue postsecondary education, and secure quality entry-level jobs leading to career advancement opportunities; and

WHEREAS, the JAG pilot program at Wagner Community School is helping Wagner area students between seventh and twelfth grades develop leadership skills, participate in community service, prepare for college, and identify high quality careers; and

WHEREAS, the Wagner Community School, staff, and JAG specialists including Superintendent Susan Smit, High School Principal Neil Goter, Middle School Principal Steve Petry, and JAG specialists Renee VanDerWerff, Tana Langdeaux, Vanessa Iverson, and John Tyler have been successfully leading the program with its first graduating class in 2013; and

WHEREAS, the 2013 graduating class includes Cheyenne Eldredge, Laurelle Gunhammer, Noah Leines, Joseph Mattis, Clarissa Medicine Horn, Clifford O'Connor, Korey Patterson, Tyler Provost, Sierra Williamson, Alexander "Zane" Zephier, and Sage Zephier; and

WHEREAS, among the graduating class, Sage Zephier was selected from more than forty-three thousand JAG students nationwide to deliver the student address for the JAG National Leadership Awards Luncheon in front of one thousand attendees in Washington, D.C:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Eighth Legislature of the State of South Dakota, that the Senate commends Wagner Community School, staff, and students in JAG for their efforts to help South Dakota students succeed; and

BE IT FURTHER RESOLVED, that the Senate honors Sage Zephier for delivering the student address for the JAG National Leadership Awards Luncheon in Washington, D.C.

Was read the first time, the President waived the referral to committee, and placed SR 2 on the calendar of Wednesday, March 6, the 35^th legislative day.

SCR 4: A CONCURRENT RESOLUTION, Making a formal application to Congress to call a limited constitutional convention for the sole purpose of proposing for ratification an amendment to the Constitution providing that an increase in the federal debt requires approval from a majority of the legislatures of the separate states.

Was read the second time.

Sen. Lucas rose to a point of order that SCR 4 was submitted past the deadline for introduction of concurrent resolutions (LD 28). The President ruled in favor of Sen. Lucas's point of order and SCR 4 was removed from the calendar.

Sen. Lederman moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar for immediate consideration SCR 4.

The question being on Sen. Lederman's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar for immediate consideration SCR 4.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Bradford

Excused:
Buhl

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.

Having had its second reading was up for consideration

Sen. Lederman moved that SCR 4 be adopted.

The question being on Sen. Lederman's motion that SCR 4 be adopted.

And the roll being called:

Yeas 7, Nays 27, Excused 1, Absent 0

Yeas:
Heineman (Phyllis); Holien; Johnston; Lederman; Maher; Novstrup (Al); Omdahl

Nays:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Hunhoff (Jean); Jensen; Jones; Kirkeby; Krebs; Lucas; Monroe; Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Buhl

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

Sen. Olson announced his intention to reconsider the vote by which HB 1085 lost.

Sen. Olson moved that the Senate do now reconsider the vote by which HB 1085 lost.

The question being on Sen. Olson's motion to reconsider the vote by which HB 1085 lost.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1085 was up for reconsideration and final passage.

HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the notice given to municipalities and counties for bingo games and lotteries.

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

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

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Adelstein; Begalka; Otten (Ernie)

Excused:
Buhl

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

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Vehle moved that the report of the Conference Committee on SB 151 as found on page 640 of the Senate Journal be adopted.

The question being on Sen. Vehle's motion that the report of the Conference Committee on SB 151 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Olson moved that the reports of the Standing Committees on

Commerce and Energy on HB 1142 as found on page 635 of the Senate Journal; also

Appropriations on HB 1184 as found on page 635 of the Senate Journal; also

State Affairs on HB 1165 as found on page 636 of the Senate Journal; also

State Affairs on HB 1212 as found on page 638 of the Senate Journal; also

Health and Human Services on HB 1214 as found on page 639 of the Senate Journal; also

State Affairs on HB 1220 as found on page 638 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of James C. Roby of Codington County, Watertown, South Dakota, to the South Dakots Building Authority.

The question being "Does the Senate advise and consent to the executive reappointment of James C. Roby pursuant to the executive message as found on page 442 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Buhl; Olson (Russell)

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1220: FOR AN ACT ENTITLED, An Act to permit the use of golf carts under certain circumstances within state parks or recreation areas.

Was read the second time.

The question being "Shall HB 1220 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Buhl; Olson (Russell)

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1142: FOR AN ACT ENTITLED, An Act to promote patient choice in selecting health care providers.

Was read the second time.

The question being "Shall HB 1142 pass as amended?"

And the roll being called:

Yeas 11, Nays 23, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Holien; Jensen; Maher; Novstrup (Al); Olson (Russell); Omdahl; Tieszen; Vehle

Nays:
Bradford; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Van Gerpen; Welke; White

Excused:
Buhl

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

HB 1165: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the agricultural land task force.

Was read the second time.

The question being "Shall HB 1165 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Brown

Excused:
Buhl

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

HB 1212: FOR AN ACT ENTITLED, An Act to increase the expense allowances of legislators.

Was read the second time.

The question being "Shall HB 1212 pass as amended?"

And the roll being called:

Yeas 18, Nays 15, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Frerichs; Heineman (Phyllis); Holien; Jensen; Jones; Lederman; Maher; Novstrup (Al); Peters; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle

Nays:
Brown; Ewing; Hunhoff (Jean); Johnston; Kirkeby; Krebs; Lucas; Monroe; Omdahl; Otten (Ernie); Rampelberg; Soholt; Van Gerpen; Welke; White

Excused:
Buhl; Olson (Russell)

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

HB 1030: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to finance the construction of improvements in the state park system for the Department of Game, Fish and Parks and to declare an emergency.

Was read the second time.

The question being "Shall HB 1030 pass as amended?"

And the roll being called:

Yeas 29, Nays 4, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke

Nays:
Maher; Monroe; Peters; White

Excused:
Buhl; Rave

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

HB 1033: FOR AN ACT ENTITLED, An Act to authorize the Department of Social Services to dismantle, demolish, preserve, or rehabilitate buildings on the Human Services Center campus in Yankton, South Dakota, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1033 pass?"

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Frerichs; Jones; Lucas; Maher; Sutton; Welke

Excused:
Buhl; Rave

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

HB 1068: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the deferral of action by municipalities on committee reports.

Was read the second time.

The question being "Shall HB 1068 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Adelstein

Excused:
Buhl

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

HB 1122: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to health insurance plans for county officers and employees.

Was read the second time.

1122ta

Sen. Van Gerpen moved that HB 1122 be amended as follows:

On page 1, line 9, of the printed bill, after "." insert "Any county self-insuring pursuant to this section shall purchase sufficient stop loss insurance and maintain sufficient reserves to ensure the availability of funds for the payment of benefits provided under the self-funded plan."

Which motion prevailed.

The question being "Shall HB 1122 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Peters

Excused:
Buhl

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

HB 1096: FOR AN ACT ENTITLED, An Act to provide for the transfer and appropriation of funds upon the occurrence of certain events and to assist rural counties in the recruitment of attorneys.

Was read the second time.

The question being "Shall HB 1096 pass as amended?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Brown; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White

Nays:
Adelstein; Ewing; Jensen; Omdahl; Otten (Ernie); Rave

Excused:
Buhl; Van Gerpen

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

HB 1123: FOR AN ACT ENTITLED, An Act to increase the surcharge on certain hunting licenses.

Was read the second time.

1123ta

Sen. Olson moved that HB 1123 be amended as follows:

On page 2, after line 5 of the printed bill, insert:

"Section 2. There is hereby appropriated from the general fund the sum of three hundred thousand dollars ($300,000), or so much thereof as may be necessary, to the animal damage control fund administered by the Department of Game, Fish, and Parks to expand predator control services.

Section 3. The Department of Game, Fish, and Parks may contract for direct aerial predator control services or provide grants to predator control districts or other local government entities that can provide aerial predator control or other direct predator control services.

Section 4. The secretary of the Department of Game, Fish, and Parks shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 5. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2014, shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 6. 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."

Which motion prevailed.

The question being "Shall HB 1123 pass as amended?"

And the roll being called:

Yeas 26, Nays 8, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Johnston; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Van Gerpen; Vehle; Welke; White

Nays:
Bradford; Holien; Hunhoff (Jean); Jensen; Jones; Lucas; Omdahl; Tieszen

Excused:
Buhl

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.

The question being on the title.

1123tta

Sen. Olson moved that the title to HB 1123 be amended as follows:

On page 1, line 1, of the printed bill, after "licenses" insert "for predator control purposes, to make an appropriation therefor, and to declare an emergency."

Which motion prevailed.

HB 1130: FOR AN ACT ENTITLED, An Act to define certain terms relating to bail bonds.

Was read the second time.

The question being "Shall HB 1130 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Adelstein; Frerichs; Lucas; Sutton

Excused:
Buhl

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

HB 1171: FOR AN ACT ENTITLED, An Act to exempt certain property from bankruptcy levy.

Was read the second time.

The question being "Shall HB 1171 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Welke; White

Nays:
Brown; Monroe; Novstrup (Al); Vehle

Excused:
Buhl

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

HB 1168: FOR AN ACT ENTITLED, An Act to increase certain levies relating to predator control districts.

Was read the second time.

The question being "Shall HB 1168 pass as amended?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Olson (Russell); Otten (Ernie); Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Brown; Ewing; Holien; Jensen; Monroe; Novstrup (Al); Omdahl; Peters; Rampelberg

Excused:
Buhl

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

HB 1060: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2013.

Was read the second time.

The question being "Shall HB 1060 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Begalka; Jensen; Otten (Ernie)

Excused:
Buhl

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

HB 1137: FOR AN ACT ENTITLED, An Act to impact education in South Dakota.

Was read the second time.

1137mb

Sen. Rave moved that HB 1137 be amended as follows:

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

"Section 1. There is hereby appropriated from the general fund the sum of two hundred thousand dollars ($200,000) or so much thereof as may be necessary, to the Department of Education for a one-time payment to the postsecondary technical institutes. The Secretary of Education shall distribute this funding based on actual full time student enrollment in fiscal year 2012.

Section 2. There is hereby appropriated from the general fund the sum of five million eight hundred twenty-nine thousand three hundred eighteen dollars ($5,829,318) or so much thereof as may be necessary, to the Department of Education for a one-time payment to school districts. The Secretary of Education shall distribute this funding based on actual fall student enrollment in fiscal year 2012.

Section 3. There is hereby appropriated from the general fund the sum of one hundred thousand dollars ($100,000) or so much thereof as may be necessary, to the Department of Education to fund the Teach for America grant program.

Section 4. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in this Act.

Section 5. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with § 4-8.

Which motion prevailed.

1137ta

Sen. Johnston moved that Sen. Rave's amendment to HB 1137 be amended as follows:

On the previously adopted amendment (1137mb), in Section 3, delete "one hundred thousand dollars ($100,000)" and insert "two hundred fifty thousand dollars ($250,000)".

1137tb

Sen. Lucas moved as a substitute motion that Sen. Rave's amendment to HB 1137 be amended as follows:

On the previously adopted amendment (1137mb), delete Section 3.

Sen. Olson moved the previous question.

Which motion prevailed.

Sen. Lucas requested a roll call vote.

Which request was supported.

The question being on Sen. Lucas's substitute motion that HB 1137 be amended.

And the roll being called:

Yeas 9, Nays 25, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Frerichs; Jones; Lucas; Otten (Ernie); Sutton; Tieszen; Welke

Nays:
Adelstein; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Van Gerpen; Vehle; White

Excused:
Buhl

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

Sen. Rave moved the previous question.

Which motion prevailed.

Sen. Kirkeby requested a roll call vote.

Which request was supported.

The question being on Sen. Johnston's motion that SB 1137 be amended.

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Van Gerpen; Vehle; White

Nays:
Bradford; Frerichs; Lucas; Sutton; Tidemann; Tieszen; Welke

Excused:
Buhl

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.

The question being "Shall HB 1137 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Buhl; Tieszen

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

The question being on the title.

1137mta

Sen. Rave moved that the title to HB 1137 be amended as follows:

On page 1, line 1, of the printed bill, after "Dakota" insert ", to make an appropriation therefor, and to declare an emergency".

Which motion prevailed.

HB 1161: FOR AN ACT ENTITLED, An Act to establish and provide certain incentives for projects that create new jobs or promote economic activity and to establish the rural economic development partnership program.

Was read the second time.

Sen. Rave moved that HB 1161 be laid on the table.

The question being on Sen. Rave's motion that HB 1161 be laid on the table.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

HB 1184: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to the state park system.

Was read the second time.

The question being "Shall HB 1184 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Jones; Maher

Excused:
Buhl

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

HB 1214: FOR AN ACT ENTITLED, An Act to expand Medicaid eligibility for pregnant women and to make an appropriation therefor.

Was read the second time.

1214ma

Sen. Hunhoff moved that HB 1214 be amended as follows:

On page 2, after line 6 of the Senate Health and Human Services Committee engrossed bill, insert:

"Section 6. 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."

Which motion prevailed.

The question being "Shall HB 1214 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Peters; Rave; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Jensen; Otten (Ernie); Rampelberg; Rhoden

Excused:
Buhl

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.

The question being on the title.

1214mta

Sen. Hunhoff moved that the title to HB 1214 be amended as follows:

On page 1, line 2, of the Senate Health and Human Services Committee engrossed bill, after "therefor" insert ", and to declare an emergency".

Which motion prevailed.

HB 1239: FOR AN ACT ENTITLED, An Act to authorize school districts to use certain tax levies for pension and health insurance purposes.

Was read the second time.

1239ma

Sen. Tidemann moved that HB 1239 be amended as follows:

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

"Section 1. There is hereby appropriated from the general fund the sum of two million dollars ($2,000,000) or so much thereof as may be necessary, to the Board of Regents for the purpose of funding increased employee health insurance costs. The executive director of the Board of Regents shall distribute the funds to the universities as follows: $577,203 to the University of South Dakota; $43,685 to the University of South Dakota School of Medicine; $673,917 to South Dakota State University; $140,377 to the South Dakota School of Mines and Technology; $186,933 to Northern State University; $232,680 to Black Hills State University; and $145,205 to Dakota State University.

Section 2. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in this Act.

Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2013, shall revert in accordance with § 4-8.

Section 4. 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."

Which motion prevailed.

The question being "Shall HB 1239 pass as amended?"

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent 0

Yeas:
Adelstein; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White

Nays:
Begalka; Bradford; Frerichs; Lucas; Van Gerpen

Excused:
Buhl; Rave

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.

The question being on the title.

1239mta

Sen. Tidemann moved that the title to HB 1239 be amended as follows:

On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "appropriate money to the Board of Regents for the purpose of funding increased employee health insurance costs, and to declare an emergency.".

On page 1, delete line 2.

Which motion prevailed.

HB 1164: FOR AN ACT ENTITLED, An Act to establish a classroom innovation grant program and to make an appropriation therefor.

Was read the second time.

1164ce

Sen. Heineman moved that HB 1164 be amended as follows:

On page 1, line 5, of the House engrossed bill, before "classroom" delete "to" and insert "for".

On page 1, delete line 6, and insert "innovation to allow classroom teachers to utilize technology in creative and innovative ways".

On page 1, line 7, after "students." Insert "Applications for the innovation grants may be submitted by individual teachers, school districts, or education service agencies established pursuant to § 13-3-76."

On page 1, line 8, delete "one dollar ($1)" and insert "five hundred thousand dollars ($500,000)".

On page 1, line 9, after "distribution" delete "to".

On page 1, line 10, delete "classroom teachers".

On page 1, delete line 13.

On page 2, delete line 1.

1164xa

Sen. Peters moved that HB 1164 be amended as follows:

On the pending amendment (1164ce), delete the last two instructions.

Which motion prevailed.

Sen. Heineman's amendment as amended prevailed on a voice vote.

The question being "Shall HB 1164 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

HB 1189: FOR AN ACT ENTITLED, An Act to permit townships to levy a capital improvement property tax for highways, secondary roads, bridges, and culverts.

Was read the second time.

The question being "Shall HB 1189 pass as amended?"

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Novstrup (Al); Omdahl; Rave; Sutton; Tieszen; Van Gerpen; Welke

Nays:
Brown; Heineman (Phyllis); Holien; Hunhoff (Jean); Lucas; Monroe; Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Tidemann; Vehle; White

Excused:
Buhl

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

HB 1050: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the suppression of mountain pine beetles, to establish a cost share program with the counties in the state, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1050 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 114 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 151.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SJR 2 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 136 was tabled.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1214 and has appointed Reps. Hansen, Hunhoff (Bernie), and Westra as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 34: FOR AN ACT ENTITLED, An Act to provide for the sale of the state's interests in certain real estate and improvements located at the Human Services Center campus.

SB 44: FOR AN ACT ENTITLED, An Act to allow disqualification of commercial driver licenses for violations of federal, state, or local texting bans while driving a commercial vehicle to comply with federal regulations and requirements.

SB 66: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions, to amend certain provisions to streamline and clarify, and to repeal certain obsolete and unnecessary provisions pertaining to the Real Estate Commission.

SB 84: FOR AN ACT ENTITLED, An Act to create the South Dakota Athletic Commission and to provide for the supervision of boxing, kickboxing, mixed martial arts competitions and sparring exhibitions in the state.

SB 120: FOR AN ACT ENTITLED, An Act to revise provisions related to consent to sexual activity.

SB 153: FOR AN ACT ENTITLED, An Act to clarify, remove inconsistencies from, and revise certain provisions relating to the formation and operation of watershed districts.

SB 154: FOR AN ACT ENTITLED, An Act to revise the maximum weight allowed on certain wide-based super single tires.

SB 158: FOR AN ACT ENTITLED, An Act to provide for the funding of educational programs for children in residential treatment centers, intensive residential treatment centers, or licensed group care centers.

SB 166: FOR AN ACT ENTITLED, An Act to revise the number of years that permits to carry a concealed weapon are valid.

SB 174: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to out-of-country foreign judgments.

SB 198: FOR AN ACT ENTITLED, An Act to revise the membership of the Judicial Qualifications Commission.

SB 199: FOR AN ACT ENTITLED, An Act to exempt certain property used for educational purposes from taxation.

HB 1048: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions related to the Department of Agriculture.

HB 1056: FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

HB 1058: FOR AN ACT ENTITLED, An Act to repeal and revise certain statutes related to the Animal Industry Board.

HB 1120: FOR AN ACT ENTITLED, An Act to allow regional intergovernmental cooperation for sewer utilities and to provide for the establishment of rates and charges.

HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions for a secondary election if the candidates for the United States Senate, United States House of Representatives, or Governor do not receive a sufficient percentage of the votes cast during a primary election.

HB 1209: FOR AN ACT ENTITLED, An Act to prohibit certain persons who fail to pay certain campaign finance related penalties from running for office.

HB 1237: FOR AN ACT ENTITLED, An Act to revise certain provisions to abortion counseling.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 23 Introduced by: Senators Otten (Ernie), Brown, Monroe, Olson (Russell), Omdahl, and Rave and Representatives Otten (Herman) and Latterell

A LEGISLATIVE COMMEMORATION, Honoring Mr. Tim Raabe of Lennox, South Dakota, for being named High School Principal of the Year.

WHEREAS, Tim Raabe graduated from USD in 1972 with a B.S. in History Education and received his M.A. in Secondary Administration from USD in 1995; and

WHEREAS, Tim Raabe has been in education for forty-one years, all of them in the Lennox School District, and for twenty-four years he was a classroom teacher and coach before entering administration; and

WHEREAS, in 1994, Tim Raabe was the SDHSCA Girls Assistant Coach of the Year; and

WHEREAS, Tim Raabe was the Lennox High School Activities Director from 1995-2000, was selected Region 6 Athletic Director of the Year in 2000, and was selected Corn Belt Guidance Counselor's Outstanding Administrator in 2002; and

WHEREAS, Tim Raabe became Lennox High School principal in 2004, the position he currently holds, and received SEAP Pyramid Awards in 2008 and 2009; and

WHEREAS, Tim Raabe and his wife Marlene, who is an English teacher at Lennox Middle School, have two daughters and eight grandchildren, who all live in Lennox. Mr. Raabe spends his free time with his family enjoying most outdoor sports, primarily riding his Harley:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Mr. Tim Raabe be honored for being named High School Principal of the Year.

SC 24 Introduced by: Senators Otten (Ernie), Brown, Monroe, Olson (Russell), Omdahl, and Rave and Representatives Otten (Herman) and Latterell

A LEGISLATIVE COMMEMORATION, Honoring Tim Koehler, of Harrisburg, South Dakota, for being named Middle School Principal of the Year.

WHEREAS, Tim Koehler is approaching on this twenty-fifth year in the Army National Guard; and

WHEREAS, Tim met his wife Jennifer while majoring in Elementary Education at the University of South Dakota in Vermillion, South Dakota, and they have a son Ethan in the fifth grade; and

WHEREAS, Tim Koehler has won the Champion Pyramid Team Builders Award; and

WHEREAS, Tim Koehler was the principal of Beresford Middle School for two years and the Middle and High School principal for a year, as well as the principal of grades 6-12 at Hartington, Nebraska, for a year; and

WHEREAS, Tim Koehler implemented the one-to-one iPad program, which is an evaluation system to streamline teachers' interaction, and created student-led parent teacher conferences; and

WHEREAS, Tim Koehler was nominated unanimously by the entire staff in the Beresford School District for this award:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Mr. Tim Koehler be honored for being named Middle School Principal of the Year.

SC 25 Introduced by: Senator Lederman and Representatives Bolin and Miller

A LEGISLATIVE COMMEMORATION, recognizing Billy Wiseman for his achievements and his personal service to the state of South Dakota, and to the United States as a part of the 2013 Special Olympic Games in South Korea.

WHEREAS, Billy Wiseman of Elk Point, South Dakota has served the Special Olympics for eight years, serving as a floor hockey partner for the past three years, teaching the sport, providing leadership, and acting as a role model to the Special Olympic athletes; and

WHEREAS, Billy traveled to PyeongChang, South Korea to represent the United States at the 2013 World Winter Games; and

WHEREAS, Billy served as a Legislative Page for the Senate during the 2011 Session, is a currently a member of the Nebraska National Guard and a member of the Army ROTC at the University of Nebraska, Lincoln:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Billy Wiseman be recognized for his service to South Dakota, the United States, and to the Special Olympics.

SC 26 Introduced by: Senator Lederman and Representatives Miller and Bolin

A LEGISLATIVE COMMEMORATION, Honoring and recognizing Taylor Lambert and Tanner Lambert on winning individual South Dakota Class A state wrestling championship titles for Dakota Valley High School.

WHEREAS, Taylor finished his senior year with a 40-2 record and earned his first Class A state championship in the 220-pound weight class; and

WHEREAS, Tanner finished his senior year with a 40-2 record and earned his second Class A state championship in the 285-pound weight class; and

WHEREAS, Taylor and Tanner Lambert started wrestling during their sophomore year. Taylor finished his wrestling career with an overall 95-21 record, and Tanner finished his wrestling career with an overall 111-13 record; and

WHEREAS, Taylor and Tanner are exceptional athletes in wrestling, track, and football, and both plan on continuing their football careers at the University of South Dakota and South Dakota State University, respectively:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Taylor Lambert and Tanner Lambert be honored and recognized for their outstanding performances at the 2013 South Dakota Class A State Wrestling Tournament.

SC 27 Introduced by: Senators Otten (Ernie), Brown, Monroe, Olson (Russell), and Rave and Representatives Otten (Herman) and Latterell

A LEGISLATIVE COMMEMORATION, Honoring Dale Cook as 2012 Tea Firefighter of the Year.

WHEREAS, Dale Cook was chosen by the nomination committee of the Tea Fire Department which includes all past Tea Firefighters of the Year; and

WHEREAS, several candidates were submitted for nomination, but Mr. Cook was chosen for his outstanding work as the president of the Tea Volunteer Fire Department; and

WHEREAS, Mr. Cook spent untold hours restoring confidence in the Tea Fire Department concerning both its financial stability and its ability to meet community needs and obligations; and

WHEREAS, Mr. Cook was awarded the 2012 Tea Firefighter of the Year award by the nominating committee at the annual Pride and Preservation Banquet on January 12, 2013, at the Tea Events Hall:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Dale Cook be honored as the 2012 Tea Firefighter of the Year.

Sen. Brown moved that the Senate do now adjourn, which motion prevailed and at 7:35 p.m. the Senate adjourned.

Jeannette Schipper, Secretary