JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



TWENTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 20, 2008

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

     The prayer was offered by the Chaplain, Rev. John Tarrant, followed by the Pledge of Allegiance led by House page Molly Kopfmann.

     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-sixth 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS

February 20, 2008

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 19, 2008, I approved House Bills 1088, 1112, 1135, 1137, 1159, 1174, 1200, 1211, and 1321, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 132 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 112 and returns the same with the recommendation that said bill be amended as follows:

112ja

     On page 1, line 6, of the printed bill, overstrike "and for similar benefits" and insert " or ".

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

Respectfully submitted,
Don Van Etten, Chair

 Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  17, 52, 85, and 157 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  128 and 158 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  186 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill be amended as follows:

53oa

     On page 4, line 10, of the printed bill, after "executed," insert "and the sentencing court determines that there is a substantial threshold showing of incompetence to be executed,".

     On page 4, line 16, after "it." Insert "If the defendant has previously been determined to be competent to be executed under this Act and there is a subsequent motion to the sentencing court that the defendant no longer appears to be mentally competent to be executed, there shall be a prima facie showing of a substantial change in circumstances raising a significant question of the defendant's competence to be executed before the sentencing court conducts any further hearing.".
    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 188 and returns the same with the recommendation that said bill be amended as follows:

188ob

     On page 1, line 5, of the printed bill, delete everything after "(1)" and insert:

"

                 "High-performance green building standard," a building that is designed and constructed in a manner that achieves at least:

             (a)    A silver standard rating under the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system as of January 1, 2008;

             (b)    A two globe rating under the Green Building Initiative's Green Globes rating system as of January 1, 2008; or

             (c)    A comparable numeric rating under a nationally recognized and accepted numeric sustainable building rating system as the commissioner of the Bureau of Administration may designate by rules promulgated pursuant to section 7 of this Act;".

     On page 1, delete lines 6 and 7.

     On page 2, line 3, delete everything after "a" and insert "high-performance green building standard.".

     On page 2, line 7, delete "LEED silver" and insert "high-performance green building".

     On page 2, line 9, delete "LEED silver" and insert "high-performance green building".

     On page 2, line 18, delete "LEED silver" and insert "high-performance green building".

     On page 2, line 21, delete "LEED silver" and insert "high-performance green building".

     On page 2, line 24, delete everything after "a" and insert "high-performance green building standard;".

     On page 3, delete line 1.

     On page 3, line 9, after "waivers" delete "and" and insert ",".
     On page 3, line 10, delete everything after "achieving" and insert "high-performance green building standards, and the procedure for selecting comparable rating systems as provided by section 1 of this Act.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  189 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1090, 1115, 1139, 1142, 1148, 1210, 1277, 1288, HJR 1001, and HJR 1004 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1245, 1255, and 1293 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 15.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Vehle moved that the House do concur in Senate amendments to HB 1096.

     The question being on Rep. Vehle's motion that the House do concur in Senate amendments to HB 1096.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra; Heineman; Krebs; Van Norman

     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. Vehle moved that the consideration of amendments to HB 1099 be deferred to Thursday, February 21st, the 28th legislative day.

     Which motion prevailed.

     SCR 8: A CONCURRENT RESOLUTION, Opposing efforts in Congress to expand the jurisdiction of the federal Clean Water Act by revising the terms "navigable waters" and "waters of the United States".

     Rep. Rhoden moved that SCR 8 as found on pages 312 and 313 of the Senate Journal be concurred in.

     The question being on Rep. Rhoden's motion that SCR 8 be concurred in.

     And the roll being called:

     Yeas 54, Nays 15, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Elliott; Faehn; Gassman; Gilson; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Wick; Speaker Deadrick

     Nays:
Cutler; Engels; Feinstein; Gillespie; Glenski; Hunt; Lucas; Lust; Miles; Moore; Olson (Russell); Peters; Thompson; Weems; Willadsen

     Excused:
Dykstra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

     HCR 1006  Introduced by:  Representatives Vehle, Brunner, Carson, DeVries, Halverson, Hargens, Howie, Kirkeby, Nelson, Noem, Olson (Betty), Pederson (Gordon), Rhoden, Street, and Vanneman and Senators Lintz, Duenwald, Garnos, Hauge, Maher, McCracken, McNenny, Napoli, and Olson (Ed)

         A CONCURRENT RESOLUTION,  Urging that the delisting of gray wolves as a threatened or endangered species be extended to include all parts of South Dakota.

     WHEREAS,  the gray wolf was once found over much of the lower forty-eight states, but eradication efforts and gradual loss of habitat caused the gray wolf population to decline or disappear in most areas of the United States; and

     WHEREAS,  the gray wolf was declared an endangered species in the lower forty-eight states in 1974 under the federal Endangered Species Act. Wolf populations persisted in the Great Lakes area, and in 1978, Minnesota wolves were moved from the endangered to the threatened species list. Meanwhile, the gray wolf was not present in much of the Rocky Mountains; and

     WHEREAS,  since the initial wolf population was reintroduced into the Yellowstone National Park area in the 1990s, their numbers in the Rocky Mountain area have grown significantly and now far exceed the U.S. Fish and Wildlife Service's reintroduction goals. In 2003, in much of the species' current range, wolves were moved to the threatened species list. In the upper Midwest, approximately 4,000 wolves now occupy parts of Wisconsin, Michigan, and Minnesota. Wolves in Alaska total between 6,000 and 7,000 and have never been included for federal protection under the Endangered Species Act; and

     WHEREAS,  in January of 2007, the U.S. Fish and Wildlife Service announced the removal of the western Great Lakes population of gray wolves from the federal list of threatened and endangered species and proposed to remove the northern Rocky Mountain population of gray wolves from the list in the near future. These two actions are in recognition of the success of gray wolf recovery efforts under the Endangered Species Act; and

     WHEREAS,  the U.S. Fish and Wildlife Service's removal of the gray wolf from the endangered and threatened species list for the Western Great Lakes Distinct Population Segment includes Minnesota, Wisconsin, and Michigan as well as parts of North Dakota, South Dakota, Iowa, Illinois, Indiana, and Ohio; and
     WHEREAS,  in South Dakota, the boundary of the Western Great Lakes Gray Wolf Distinct Population Segment extends to the Missouri River, but does not include western South Dakota. However, the Northern Rocky Mountain Gray Wolf Distinct Population Segment, which is also scheduled for delisting, does not include western South Dakota, either; and

     WHEREAS,  the failure to include western South Dakota in either the Great Lakes area or the Rocky Mountain area leaves western South Dakota designated as an area in which the gray wolf will remain a federal endangered species subject to federal protection and control, while eastern South Dakota is included in the delisted area and is eligible for state management of wolf populations; and

     WHEREAS,  the U.S. Fish and Wildlife Service has indicated that South Dakota is not considered essential wolf habitat nor is it being considered for any future wolf reintroduction efforts, since South Dakota does not contain wolf habitat and is not conducive to the development of wolf populations; and

     WHEREAS,  the division of the state into two separate jurisdictional areas with respect to the management of gray wolves will leave western South Dakota as a fully protected federal area situated between two delisted areas, even though there is no biological basis for the division. This configuration makes it extremely difficult for the state to develop effective and consistent management policies and practices for the gray wolf:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the U.S. Fish and Wildlife Service to include the portions of South Dakota west of the Missouri River in either the Western Great Lakes Gray Wolf Distinct Population Segment or the Northern Rocky Mountain Gray Wolf Distinct Population Segment so that all areas of South Dakota will be on equal footing with respect to the management of gray wolves and South Dakota will be able to develop a responsible and coherent gray wolf management plan.

     Was read the first time and the Speaker waived the committee referral.

     HCR 1007  Introduced by:  Representatives Sigdestad, Boomgarden, Bradford, Brunner, Buckingham, Burg, Davis, Deadrick, Dennert, DeVries, Dykstra, Elliott, Faehn, Gilson, Gosch, Hackl, Halverson, Hargens, Haverly, Heineman, Howie, Hunt, Jerke, Kirkeby, Koistinen, Lust, Moore, Nelson, Noem, Nygaard, Olson (Betty), Olson (Russell), Pederson (Gordon), Rausch, Rave, Rhoden, Steele, Street, Tidemann, Turbiville, Van Etten, Vanneman, and Willadsen and Senators McNenny, Albers, Bartling, Duenwald, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Lintz, Maher, Napoli, Olson (Ed), Peterson (Jim), Schmidt (Dennis), and Turbak Berry

         A CONCURRENT RESOLUTION,  Supporting the establishment of USDA-inspected horse processing plants in the State of South Dakota.

     WHEREAS,  the need for a humane horse processing plant is crucial as the Horse Welfare Coalition estimates that 60,000 to 90,000 unwanted horses annually would be exposed to potential abandonment and neglect; and

     WHEREAS,  the 60,000 to 90,000 unwanted horses each year would compete for adoption with the 32,000 wild horses that United States taxpayers are already paying $40 million to shelter and feed; and

     WHEREAS,  the euthanasia method used occurs before processing, and this method is humane, according to the American Veterinary Medical Association (AVMA) and the United States Department of Agriculture (USDA), which regulates the practice. The method meets specific humane requirements set forth by AVMA's Panel on Euthanasia, the United States Congress, the American Association of Equine Practitioners, and the Humane Society of the United States Statement on Euthanasia because it results in instantaneous brain death; and

     WHEREAS,  horse processing plants are required to have USDA veterinarians on site supervising the euthanasia of each horse during the entire time the plant is in operation. The veterinarian is bound by law to stop the process and close the plant immediately if any evidence of inhumane treatment is witnessed; and

     WHEREAS,  humane treatment is the law and good business practice. Treating the horses well and minimizing their pain and stress keeps the plants operating smoothly and efficiently; and

     WHEREAS,  the USDA estimates that 35,000 horses were sent to Canada for slaughter in 2007, about a forty-one percent increase from the year before; and

     WHEREAS,  United States horse slaughter exports to Mexico have increased by three hundred twelve percent. Despite American plant closures, slaughter continues across the border; and

     WHEREAS,  the treatment of the horses once they cross the border into Mexico is disturbing. The Humane Society of the United States released a video showing the brutal stabbing death of a fully conscious horse at a Mexican slaughter facility; and

     WHEREAS,  USDA-inspected equine protein is a frequent element in the diet of United States zoo animals; and

     WHEREAS,  the United States should provide USDA-inspected processed horsemeat for export overseas; and

     WHEREAS,  South Dakota, the land of infinite variety, prides itself as a pro-business state and encourages economic development:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that humane USDA-inspected horse processing plants are encouraged to be located on state, tribal, or private lands within the state.

     Was read the first time and the Speaker waived the committee referral.


CONSIDERATION OF REPORT OF COMMITTEE

     Rep. Rhoden moved that the report of the Standing Committee on

     Agriculture and Natural Resources on SB 162 as found on page 617 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 84: FOR AN ACT ENTITLED, An Act to revise certain miscellaneous provisions of the trust statutes.

     Was read the second time.

     The question being "Shall SB 84 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 14: FOR AN ACT ENTITLED, An Act to extend the time allowed to request a hearing or pay an audit assessment.

     Was read the second time.

     The question being "Shall SB 14 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 18: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall SB 18 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 140: FOR AN ACT ENTITLED, An Act to revise the application requirements for property tax exemptions provided for dwellings owned and occupied by disabled veterans.

     Was read the second time.

     The question being "Shall SB 140 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 6: FOR AN ACT ENTITLED, An Act to revise certain provisions to allow the transfer of ownership of an application to appropriate water.

     Was read the second time.

     The question being "Shall SB 6 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 100: FOR AN ACT ENTITLED, An Act to revise the definition of certain public entities that are prohibited from making political campaign contributions.

     Was read the second time.

     The question being "Shall SB 100 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Rhoden moved that SB 45 and 44 be placed to follow SB 41 on today's calendar.

     Which motion prevailed.

     SB 32: FOR AN ACT ENTITLED, An Act to establish a separate licensure category for vacation home establishments and to require vacation home establishments to meet minimum fire safety standards.

     Was read the second time.

32sb

     Rep. Weems moved that SB 32 be amended as follows:

     On page 4, line 4, of the printed bill, delete "with single action hardware".

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     Rep. Weems' motion lost.

     The question being "Shall SB 32 pass?"

     And the roll being called:

     Yeas 59, Nays 11, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Hills; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Buckingham; Faehn; Haverly; Heineman; Howie; Hunt; Jerke; Koistinen; Vehle; Weems


     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 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of public storage warehouses.

     Was read the second time.

     The question being "Shall SB 41 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 45: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of public grain warehouses, to establish a grain warehouse fund, and to make a continuous appropriation from that fund.

     Was read the second time.

     The question being "Shall SB 45 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain dealers and buyers.

     Was read the second time.

44te

     Rep. Nelson moved that SB 44 be amended as follows:

     On page 2, line 15, of the House Agriculture and Natural Resources Committee engrossed bill, delete everything after " reselling grain " .

     On page 2, line 16, delete " consumption ".

     Which motion prevailed.

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

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 42: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the regulation of public warehouses by the Public Utilities Commission.

     Was read the second time.

     The question being "Shall SB 42 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 10: FOR AN ACT ENTITLED, An Act to include Dakota and Nakota with certain requirements for instruction in the Lakota language.

     Was read the second time.

     The question being "Shall SB 10 pass?"

     And the roll being called:

     Yeas 54, Nays 15, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Peters; Pitts; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Turbiville; Van Norman; Vanneman; Weems; Wick; Speaker Deadrick

     Nays:
Carson; Davis; Faehn; Haverly; Howie; Koistinen; Novstrup (David); Pederson (Gordon); Putnam; Rausch; Steele; Tidemann; Van Etten; Vehle; Willadsen

     Excused:
Novstrup (Al)

     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 22: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts and to declare an emergency.

     Was read the second time.

     Rep. DeVries moved that SB 22 be deferred to Thursday, February 21st, the 28th legislative day.

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

     The Speaker declared the motion prevailed.

     SB 155: FOR AN ACT ENTITLED, An Act to provide state aid to education to certain school districts for certain students.

     Was read the second time.

     The question being "Shall SB 155 pass?"

     And the roll being called:

     Yeas 66, Nays 4, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Haverly; Moore; Putnam; 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 82: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the accumulation of funds by counties for capital outlay purposes.

     Was read the second time.

     The question being "Shall SB 82 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Moore

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

     SB 124: FOR AN ACT ENTITLED, An Act to revise certain provisions related to format standards for real estate documents.

     Was read the second time.

124fa

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

     On page 1, line 13, of the printed bill, remove the overstrikes from " and the print type of the ".

     On page 1, line 14, remove the overstrikes from " document may not be smaller than 10- point type ".

     Which motion prevailed.

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

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 199: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings.

     Was read the second time.

     The question being "Shall SB 199 pass?"

     And the roll being called:

     Yeas 64, Nays 6, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Carson; Gillespie; Pitts; Van Norman; Vehle


     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 111: FOR AN ACT ENTITLED, An Act to extend the prohibition of road hunting of big game to include hunting using certain additional weapons.

     Was read the second time.

     The question being "Shall SB 111 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 10, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Speaker Deadrick

     Nays:
Bradford; Elliott; Glenski; Hunt; Miles; Moore; Nygaard; Pederson (Gordon); Wick; Willadsen

     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 31: FOR AN ACT ENTITLED, An Act to provide for certification of chiropractic assistants.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

     Yeas:
Ahlers; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Gosch; Hackl; Halverson; Hargens; Haverly; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen

     Nays:
Boomgarden; Bradford; Davis; Glenski; Heineman; Miles; Rausch; Wick; Speaker Deadrick

     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 88: FOR AN ACT ENTITLED, An Act to require abortion facilities to offer sonograms to pregnant women under certain circumstances.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 88 pass?"

     And the roll being called:

     Yeas 38, Nays 32, Excused 0, Absent 0

     Yeas:
Brunner; Buckingham; Carson; Davis; DeVries; Dykstra; Gassman; Glenski; Gosch; Hackl; Haverly; Heineman; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Feinstein; Gillespie; Gilson; Halverson; Hargens; Hills; Kirkeby; Lucas; Lust; McLaughlin; Moore; Nygaard; Pederson (Gordon); Peters; Pitts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Vehle

     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. Rhoden moved that SB 77, 93, 97, 177, 7, 28, 29, 47, 49, 55, 40, 148, 37, 114, 176, 24, 48, 109, 180, 173, 80, and 107 be deferred to Thursday, February 21st, the 28th legislative day.

     Which motion prevailed.

    Speaker Deadrick now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1090, 1113, 1115, 1139, 1142, 1148, 1203, 1210, 1241, 1277, 1288, and HJR 1001, and HJR 1004 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1005, 1006, 1015, 1017, 1041, 1058, 1079, 1093, 1123, 1191, 1194, 1240, 1247, and 1276 were delivered to his Excellency, the Governor, for his approval at 4:10 p.m., February 19, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1090: FOR AN ACT ENTITLED, An Act to  require that most records and applications regarding a child reference the names and addresses of both parents.

     HB 1113: FOR AN ACT ENTITLED, An Act to  provide minimum notice requirements to persons who lease real property for their own mobile or manufactured homes.

     HB 1115: FOR AN ACT ENTITLED, An Act to  continue to appropriate funds to provide cochlear implants to certain children.

     HB 1139: FOR AN ACT ENTITLED, An Act to  revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

     HB 1142: FOR AN ACT ENTITLED, An Act to  authorize additional off-sale retail liquor licenses in certain municipalities.

     HB 1148: FOR AN ACT ENTITLED, An Act to  exempt the land application of certain solid waste used for irrigation purposes from requirements related to large-scale solid waste facilities.

     HB 1203: FOR AN ACT ENTITLED, An Act to  provide for the sale or consumption of alcoholic beverages upon property adjoining licensed premises.

     HB 1210: FOR AN ACT ENTITLED, An Act to  prohibit recyclers, scrap metal dealers, or scrap yard operators from purchasing certain beer kegs.

     HB 1241: FOR AN ACT ENTITLED, An Act to  provide licensed dealers additional time to deliver a title under certain conditions and to authorize the establishment of a transaction fee for certain online access to the title and registration system.

     HB 1277: FOR AN ACT ENTITLED, An Act to  make appropriations from the general fund, the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, to revise the state water plan, and to declare an emergency.

     HB 1288: FOR AN ACT ENTITLED, An Act to  allow any school district that qualifies for both the declining enrollment allowance and the growing enrollment payment in the same fiscal year to only benefit from the one that provides the most additional funding to the district.

     HJR 1001: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain provisions of the State Constitution relating to corporations.

     HJR 1004: A JOINT RESOLUTION, To propose a constitutional amendment to provide for a maximum of forty legislative days each year.

     SB 34: FOR AN ACT ENTITLED, An Act to  allow certified nurse midwives to attend out- of-hospital births under certain circumstances.

     SB 36: FOR AN ACT ENTITLED, An Act to  revise the discount medical plan organization's renewal period requirements.

     SB 38: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the consideration of assets for the purpose of long-term care eligibility.

     SB 43: FOR AN ACT ENTITLED, An Act to  revise the requirements regarding the siting of energy facilities.

     SB 51: FOR AN ACT ENTITLED, An Act to  revise certain terminology, licensing requirements, and procedures regarding the Board of Examiners of Psychologists.

     SB 63: FOR AN ACT ENTITLED, An Act to  require local law enforcement officers to provide certain information to repossession businesses under certain circumstances.

     SB 64: FOR AN ACT ENTITLED, An Act to  provide certain provisions regarding the regulation of recreational park trailers.

     SB 65: FOR AN ACT ENTITLED, An Act to  define intentional exposure to HIV infection by sexual intercourse as a sex crime subject to registry as a sex offender.

     SB 68: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding mufflers on motorcycles.

     SB 69: FOR AN ACT ENTITLED, An Act to  add marijuana to the list of abusive substances for the purposes of determining child abuse.

     SB 83: FOR AN ACT ENTITLED, An Act to  repeal a medical malpractice limitation applicable to minors aged six or over.

     SB 133: FOR AN ACT ENTITLED, An Act to  require that any adult arrested for a qualifying offense provide a DNA sample.

     SB 139: FOR AN ACT ENTITLED, An Act to  revise the definition for authorized emergency vehicles.

     SB 200: FOR AN ACT ENTITLED, An Act to  establish a statewide trauma system.

     SB 202: FOR AN ACT ENTITLED, An Act to  prohibit certain military sales practices for life insurance and annuities.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1009  Introduced by:  Representatives Hargens, Ahlers, Brunner, Buckingham, Burg, Deadrick, Dennert, Dykstra, Elliott, Engels, Faehn, Feinstein, Gillespie, Glenski, Gosch, Halverson, Krebs, Lucas, Miles, Moore, Nygaard, Olson (Ryan), Rhoden, Sigdestad, Steele, Street, Thompson, Turbiville, Van Etten, and Van Norman

         A LEGISLATIVE COMMEMORATION,  Honoring Drew Carroll for achieving the rank of Eagle Scout.

     WHEREAS,  Drew Carroll, son of Micheal and Debra Carroll, has completed the requirements for and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout; and
     WHEREAS,  the Eagle Scout Award is the highest rank that a young man can achieve within the Boy Scouts of America and Drew Carroll will be honored on March 9, 2008, for this award; and

     WHEREAS,  Drew Carroll has performed a community service project consisting of designing and building picnic tables along with planting grass and trees in a picnic area for the Virgil American Legion; and

     WHEREAS,  Drew Carroll has shown steady, persistent progress through the ranks to achieve this prestigious award and has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent; and

     WHEREAS,  Drew Carroll has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment in the Boy Scouts of America, academics, and extracurricular activities:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Drew Carroll, a member of Boy Scout Troop 151, be recognized and congratulated for achieving the elevated rank of Eagle Scout.

     HC 1010  Introduced by:  Representatives Hargens, Ahlers, Brunner, Buckingham, Burg, Deadrick, Dennert, Dykstra, Elliott, Engels, Faehn, Feinstein, Gillespie, Glenski, Gosch, Halverson, Krebs, Lucas, Miles, Moore, Nygaard, Olson (Ryan), Rhoden, Sigdestad, Steele, Street, Thompson, Turbiville, Van Etten, and Van Norman

         A LEGISLATIVE COMMEMORATION,  Honoring Drew Whitney for achieving the rank of Eagle Scout.

     WHEREAS,  Drew Whitney, son of Mike and Karen Whitney, has completed the requirements for and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout; and

     WHEREAS,  the Eagle Scout Award is the highest rank that a young man can achieve within the Boy Scouts of America and Drew Whitney will be honored on March 9, 2008, for this award; and

     WHEREAS,  Drew Whitney has performed a community service project consisting of designing and producing a promotional video for the local United Way; and

     WHEREAS,  Drew Whitney has shown steady, persistent progress through the ranks to achieve this prestigious award and has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent; and

     WHEREAS,  Drew Whitney has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment in the Boy Scouts of America, academics, and extracurricular activities:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Drew Whitney, a member of Boy Scout Troop 151, be recognized and congratulated for achieving the elevated rank of Eagle Scout.

     HC 1011  Introduced by:  Representatives Rhoden, Ahlers, Bradford, Brunner, Buckingham, Deadrick, DeVries, Dykstra, Hargens, Hills, Howie, Juhnke, Lucas, Olson (Betty), Pederson (Gordon), Rave, Turbiville, and Van Norman and Senators Lintz, Apa, Duenwald, Greenfield, Heidepriem, Katus, Knudson, Maher, McNenny, Napoli, and Schmidt (Dennis)

         A LEGISLATIVE COMMEMORATION,  Honoring the life, character, and achievements of Chief David Beautiful Bald Eagle.

     WHEREAS,  South Dakota commends the service of a tribal leader, advocate for aspiring youth, and World War II veteran: he served as a sergeant in the 82nd Airborne Division, where he was a paratrooper, code talker, and served as a vital weapon against the enemy; and

     WHEREAS,  Chief David Beautiful Bald Eagle is a member of the Cheyenne River Sioux Tribe, has appeared in seventeen major movie films, and is one of the best-known participants each year in the annual Days of '76 parade; and

     WHEREAS,  Chief David Beautiful Bald Eagle is an inspirational father to twenty-five children, and is a grandfather, great-grandfather, and great-great-grandfather residing on the Cheyenne River Reservation near Takini, South Dakota, where he remains active in community affairs; and

     WHEREAS,  Chief David Beautiful Bald Eagle has served as a mentor and friend to many, as he is a respected leader and Chief for the World Organization of United Native Nations and founder of Drumming Society for Young People, which counters drug and alcohol abuse among young people:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Chief David Beautiful Bald Eagle be congratulated and thanked for his outstanding dedication, achievements, and inspiration he provides to the many people who are blessed by his life.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:40 p.m. the House adjourned.

Karen Gerdes, Chief Clerk