JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 22, 2008

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

     The prayer was offered by the Chaplain, Pastor Andrea DeGroot-Nesdahl, followed by the Pledge of Allegiance led by House page Courtney Dardis.

     Roll Call: All members present except Reps. Davis, Hills, Krebs, and Nelson who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-eight 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.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 182 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Don Van Etten, Chair


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill be amended as follows:

27cb

     On page 1 of the printed bill, delete lines 4 to 8, inclusive, and insert:

"
     Section 1. That § 13-35-7 be amended to read as follows:

     13-35-7.   Any site operated for the preparation of meals for children as part of a school food service program shall have a minimum of two state health inspections every five years school year . Any site that serves meals to children as part of a school food service program shall have a minimum of one state health inspection every five years. ".


27cta

     On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

    And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

 Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  116 and SJR 1 and returns the same with the recommendation that said bill and resolution do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  4 and 92 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 54 and returns the same with the recommendation that said bill be amended as follows:

54od

     On page 1, line 5, of the Senate State Affairs Committee engrossed bill, delete " shall may " and insert "shall".

     On page 1, line 13, before "concerning" insert " at least once every five years ".

    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 190 and returns the same with the recommendation that said bill be amended as follows:

190od

     On page 3, line 12, of the Senate engrossed bill, delete "Tourism and State Development" and insert "Environment and Natural Resources".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc1064

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1064 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1064 be amended as follows:

1064rb


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

     "      Section 1.That § 22-22A-3 be amended to read as follows:

     22-22A-3.   Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either :

             (1)      Is at least sixteen but less than eighteen years of age; and
             (2)      Is either:
             (a)      The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or

             (b) (2)      Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;

is guilty of aggravated incest. Aggravated incest is a Class 3 felony.

     Section 2. That chapter 22-22A be amended by adding thereto a NEW SECTION to read as follows:

     Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

             (1)    The licensed foster care provider; or

             (2)    A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

     Aggravated incest is a Class 3 felony."

Respectfully submitted,                     Respectfully submitted,
Joni Cutler                                Gene Abdallah
House Committee Chair                    Senate Committee Chair
MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1151, 1157, 1163, 1173, 1201, 1238, 1239, 1272, and 1318 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the Report of the Conference Committee on HB 1064.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 44, 84, 111, and 124.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Vehle moved that the consideration of amendments to HB 1099 be deferred to Monday, February 25th, the 30th legislative day.

     Which motion prevailed.

     Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1080 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Putnam, Rausch, and Moore.

     Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1083 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Tidemann, Pederson, and Burg.

     Rep. Faehn moved that the House do not concur in Senate amendments to HB 1294 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Faehn, Jerke, and Miles.

     HCR 1008: A CONCURRENT RESOLUTION, Urging Congress not to impose any new performance fees, taxes, royalties, or other charges relating to the public performance of sound recordings on local radio stations and to support the Local Radio Freedom Act.

     Rep. Faehn moved that HCR 1008 as found on pages 670 and 671 of the House Journal be adopted.

     The question being on Rep. Faehn's motion that HCR 1008 be adopted.

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Lucas; Lust; McLaughlin; Miles; Moore; 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:
Howie

     Excused:
Davis; Hills; Krebs; Nelson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

     HCR 1009: A CONCURRENT RESOLUTION, Supporting full funding, at the federal level, for immigration and custom enforcement officers for the detention of persons who have been determined to be in South Dakota illegally and have been reported to them by local law enforcement officers.

     Rep. Jerke moved that HCR 1009 as found on pages 671 and 672 of the House Journal be adopted.

     The question being on Rep. Jerke's motion that HCR 1009 be adopted.

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

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

     Nays:
Street

     Excused:
Davis; Hills; Krebs; Nelson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1009 was adopted.

     SCR 7: A CONCURRENT RESOLUTION, Petitioning the United States Congress to repeal the REAL ID Act.

     Rep. DeVries moved that SCR 7 as found on pages 310 and 311 of the Senate Journal be concurred in.

     The question being on Rep. DeVries' motion that SCR 7 be concurred in.

     And the roll being called:

     Yeas 53, Nays 12, Excused 5, Absent 0

     Yeas:
Bradford; Brunner; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pitts; Putnam; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Buckingham; Feinstein; Haverly; Heineman; Novstrup (Al); Olson (Ryan); Pederson (Gordon); Peters; Rausch; Tidemann


     Excused:
Davis; Dykstra; Hills; Krebs; Nelson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 7 was concurred in.

     HCR 1010  Introduced by:  Representatives Dykstra, Ahlers, Brunner, Burg, Dennert, Gillespie, Hargens, Krebs, Lucas, Noem, Olson (Russell), Putnam, Rave, Rhoden, Rounds, Street, and Vanneman and Senators Knudson, Dempster, Hanson (Gary), Heidepriem, Hundstad, and Peterson (Jim)

         A CONCURRENT RESOLUTION,  Supporting the "25 by 25" Initiative and promoting the increased production of renewable energy by the agricultural community.

     WHEREAS,  having an affordable, reliable, and plentiful energy supply is critical to our economy, as well as our national and international food supply; and

     WHEREAS,  current and future risks to United States energy security are mounting while domestic and global energy demands are growing exponentially; and

     WHEREAS,  South Dakota is recognized to have tremendous renewable energy resources with the potential to become a significant energy exporter in the future; and

     WHEREAS,  the development of a broad spectrum of renewable energy sources, including wind power, biodiesel, biomass, methane digesters, ethanol, and solar, benefits the environment and will have a direct economic benefit to agricultural landowners and rural communities; and

     WHEREAS,  rural communities and agriculture sectors will experience multiple benefits, including establishing additional markets for agricultural commodities; increasing farm income; creating added-value uses for crops, livestock, and their byproducts; more productive use of marginal lands; the resolution of air, water, and soil quality problems that may arise from agricultural operations; improving wildlife habitat; and creating many new job opportunities; and

     WHEREAS,  solar and wind energy can be captured on the vast land areas managed by U.S. agriculture, and technology and production capabilities allow America's farmers and ranchers to play a major role in ensuring a fully sustainable U.S. energy system; and

     WHEREAS,  American agriculture is well positioned to play an expanded role in the development and implementation of new energy solutions. With appropriate technological innovation, incentives, and investments, America's farms and ranches can become the factories that produce a new generation of fuels to help meet the nation's energy needs; and

     WHEREAS,  "25 by 25" is an agriculturally led initiative that envisions America's farms and ranches producing twenty-five percent of America's energy demand by the year 2025 while continuing to produce abundant, safe, and affordable food, fiber, feed, and fuel; and
     WHEREAS,  Agriculture's role as an energy producer will have a positive effect on national security and trade imbalances and will serve as a catalyst for rural development in South Dakota:

     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 Legislature supports the vision of "25 by 25" whereby agriculture will provide twenty-five percent of the total energy consumed in the United States by the year 2025, while continuing to produce abundant, safe, and affordable food, fiber, feed, and fuel.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 112: FOR AN ACT ENTITLED, An Act to revise eligibility requirements for continuation of health care coverage.

     Was read the second time.

     The question being "Shall SB 112 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Lucas; Lust; McLaughlin; Miles; Moore; 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:
Davis; Hills; Krebs; Nelson

     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 97, 176, 180, 173, 80, 107, 162, 46, 17, 52, 85, 157, 186, 53, 188, 57, 58, 192, 174, and 99 be deferred to Monday, February 25th, the 30th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 9.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on SB 115 as found on page 664 of the House Journal ; also

     Agriculture and Natural Resources on SB 134 as found on page 665 of the House Journal ; also

     Education on SB 201 as found on pages 685 and 686 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1151, 1157, 1163, 1173, 1201, 1238, 1239, 1245, 1255, 1272, and 1318 and finds the same correctly enrolled.

Respectfully submitted,

Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1151: FOR AN ACT ENTITLED, An Act to  regulate the location and hours of operation of adult oriented businesses.

     HB 1157: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the residency or military presence of parties in divorce or separate maintenance proceedings.

     HB 1163: FOR AN ACT ENTITLED, An Act to  increase the duration of juvenile diversion programs.

     HB 1173: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to the effect of suspended impositions of sentence on parole eligibility of certain offenders.

     HB 1201: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the placement or return of abused or neglected children.

     HB 1238: FOR AN ACT ENTITLED, An Act to  revise the limitation period for commencing child abuse prosecutions.

     HB 1239: FOR AN ACT ENTITLED, An Act to  permit persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing and to declare an emergency.

     HB 1245: FOR AN ACT ENTITLED, An Act to  revise the boundaries of the Central Plains, East Dakota, James River, and South Central water development districts, and to revise provisions related to the board of directors in the affected districts.

     HB 1255: FOR AN ACT ENTITLED, An Act to  provide for the titling and registration of certain low-speed vehicles.

     HB 1272: FOR AN ACT ENTITLED, An Act to  revise the defined sources of renewable electricity and recycled energy.

     HB 1318: FOR AN ACT ENTITLED, An Act to  provide options for those who elect continuation of health insurance.

     SB 7: FOR AN ACT ENTITLED, An Act to  make an appropriation for the renovation of the National Guard armory in Yankton and to declare an emergency.

     SB 13: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the suspension of a minor's driving privileges.

     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.

     SB 24: FOR AN ACT ENTITLED, An Act to  make an appropriation to reimburse certain school districts for consolidation incentives.

     SB 28: FOR AN ACT ENTITLED, An Act to  make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

     SB 29: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund a dental externship program.

     SB 37: FOR AN ACT ENTITLED, An Act to  establish certain suitability requirements for annuities.

     SB 40: FOR AN ACT ENTITLED, An Act to  establish certain requirements regarding the separation and protection of a gas and electric public utility's assets.

     SB 47: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to disasters in the state and to declare an emergency.

     SB 48: FOR AN ACT ENTITLED, An Act to  make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

     SB 49: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     SB 55: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to convey a tract of land in Pennington County to the United States Air Force and to declare an emergency.

     SB 77: FOR AN ACT ENTITLED, An Act to  repeal the provision that prohibits radio or televison broadcasting or taking of photographs of judicial proceedings from courtrooms.

     SB 87: FOR AN ACT ENTITLED, An Act to  reduce the period of effectiveness for cease and desist orders issued to certain dealers.

     SB 93: FOR AN ACT ENTITLED, An Act to  revise the uniform commercial code.

     SB 109: FOR AN ACT ENTITLED, An Act to  authorize the Fourth Circuit drug court program in the Unified Judicial System, to make an appropriation therefor, and to declare an emergency.

     SB 114: FOR AN ACT ENTITLED, An Act to  allow for risk pool eligibility and rate flexibility for certain health insurance conversion plans.

     SB 128: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the modification of credit card agreements.

     SB 132: FOR AN ACT ENTITLED, An Act to  clarify provisions regarding the continuation of coverage after an employer ceases business operations.

     SB 148: FOR AN ACT ENTITLED, An Act to  provide for a tax incentive for fuel blended with biodiesel.

     SB 156: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding special motor vehicle license plates for veterans with a disability, prisoners of war, Pearl Harbor survivors, and Purple Heart recipients.


     SB 158: FOR AN ACT ENTITLED, An Act to  clarify certain provisions regarding the supervision, rehabilitation, and liquidation of insurers.

     SB 177: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the disposal of abandoned tenant's property left on leased residential premises.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1014  Introduced by:  Representatives Wick, Miles, and Weems and Senators Gant, Maher, and Sutton

         A LEGISLATIVE COMMEMORATION,  Honoring Eliot Ohlstein, Tian-Li Yue, and Robert Ruffolo, for creating the cardiovascular medicine, Coreg., as a pioneering and life- prolonging therapy for patients with mild to severe heart failure.

     WHEREAS,  scientists in the cutting-edge laboratories of America's pharmaceutical research companies create most of the world's new medicines, which benefit tens of millions of patients; and

     WHEREAS,  through the efforts of these scientists, more than two thousand five hundred medicines are in development today to provide patients more and better therapeutic options. These potential new treatments include pharmaceuticals for cancer, Alzheimer's disease, infectious disease, heart disease, arthritis, stroke, diabetes, obesity, hypertension, HIV/AIDS, and many other life-threatening and debilitating diseases and medical conditions; and

     WHEREAS,  the Legislature of the State of South Dakota believes the men and women who discover and create these medicines deserve recognition for their life-saving and life-enhancing accomplishments; and

     WHEREAS,  the cardiovascular medicine Coreg., a pioneering and life-prolonging therapy for patients with mild to severe heart failure, has won the 2008 PhRMA Discoverer's Award:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Eliot Ohlstein, Tian-Li Yue, and Robert Ruffolo, be honored for creating the cardiovascular medicine, Coreg..

     HC 1015  Introduced by:  Representatives Feinstein, Cutler, Engels, Glenski, Heineman, Hunt, Krebs, Miles, Peters, Rave, and Thompson and Senators Heidepriem, Abdallah, Dempster, Knudson, and Koetzle

         A LEGISLATIVE COMMEMORATION,  Honoring five top seniors from Washington High School in Sioux Falls, South Dakota, as finalists for the Merit Scholarship Awards.
     WHEREAS,  Vance Blankers, Xiang Li, Timothy Marlette, Benjamin Merry, and Derek Shafer were named as finalists in the 2008 competition for Merit Scholarship Awards; and

     WHEREAS,  these five individuals have displayed remarkable knowledge and critical reading, mathematics, and writing skills, as well as a great individual effort and initiative, which will benefit them well in the pursuit of their personal, educational, and life goals; and

     WHEREAS,  these students have excelled academically and have been selected out of 1.4 million other entrants to achieve finalist status whereby they join an elite group representing the nation's best and brightest high school students:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Vance Blankers, Xiang Li, Timothy Marlette, Benjamin Merry, and Derek Schafer be congratulated on being selected as finalists in the 2008 Merit Scholarship Awards competition.

     HC 1016  Introduced by:  Representatives Boomgarden and Nygaard and Senator Nesselhuf

         A LEGISLATIVE COMMEMORATION,  Commending the 2006-2007 Hurley Bulldogs High School Boys' Basketball Team for winning the State B Championship.

     WHEREAS,  the Hurley Bulldogs High School Boys' Basketball Team, under the leadership of head coach Mike Munzke and assistant coach Chris Lee, won a state title; and

     WHEREAS,  the Hurley Bulldogs High School Boys' Basketball Team cheerleaders, consisting of Kayla Ardnt, Kellie Strobel, Alexandra Benson, Abby Harmon, Breanna Meins, Allison Sherard, and Megan Boomgarden, coached by Desiree Boyer, won the Spirit of Six Award; and

     WHEREAS,  the Hurley Bulldogs High School Boys' Basketball Team was exemplary in its unity and the accord of all of its players: Mitch Petersen, Caleb Auch, Brandon Andersen, Zach Auch, Heath Hult, Bo LaCroix, Jeff Horton, Coulter Boyer, Mike Schoolmeester, Bryant Roth, Marcus Dangel, Jake Buehler, Tyler Fisher, Josh Fisher, Tanner Gates, Chris Boyd, Brandon Roth; and student managers Trista Buehler, Caitlin Benson, and Tera McVay; and

     WHEREAS,  the Hurley Bulldogs High School Boys' Basketball Team has been a model of consistency and excellence, having won twenty games during the 2006-2007 season; and

     WHEREAS,  the Hurley Bulldogs High School Boys' Basketball Team played excellent competition to win the State B Championship:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Hurley Bulldogs High School Boys' Basketball Team and its coaching staff be congratulated and commended for their outstanding performances in the 2006- 2007 season.
    
      HC 1017  Introduced by:  Representatives Boomgarden and Nygaard and Senator Nesselhuf

         A LEGISLATIVE COMMEMORATION,  Commending the 2007 Vermillion Tanagers High School Boys' Golf Team for winning the State Championship.

     WHEREAS,  the Vermillion Tanagers High School Boys' Golf Team, under the leadership of head coach Kirk Hogen, won a state title; and

     WHEREAS,  the Vermillion Tanagers High School Boys' Golf Team was exemplary in its unity and accord of all its players: Broc Gauer, Alex Schaack, Jordan Boots, Mikal Ustad, Erik Ustad, Aaron Steele, and Cole Andre; and

     WHEREAS,  the Vermillion Tanagers High School Boys' Golf Team has been a model of consistency and excellence; and

     WHEREAS,  the Vermillion Tanagers High School Boys' Golf Team played excellent competition to win the State Championship:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Vermillion Tanagers High School Boys' Golf Team and its coaching staff be congratulated and commended for their outstanding performances in the 2007 season.

     HC 1018  Introduced by:  Representatives Boomgarden and Nygaard and Senator Nesselhuf

         A LEGISLATIVE COMMEMORATION,  Commending the 2006-2007 Vermillion Tanagers High School Girls' Basketball Team for winning the State A Championship.

     WHEREAS,  the Vermillion Tanagers High School Girls' Basketball Team, under the leadership of head coach Jamie Parish, and assistant coaches Lori Jerred and Nick Mayer, won a state title; and

     WHEREAS,  the Vermillion Tanagers High School Girls' Basketball Team was exemplary in its unity and accord from all its players including Annie Roche, Nikki Whitelightning, Alicia Brown, Chelsea Gauer, Sara Kjose, Sarah Day, Alexa Walker, Krista Froke, Jenny Bye, Rachel Odens, Hannah Nehlich-Arobba, Brittany Bye, Justine Sorenson, and Margo Mueller, and student managers Jacey Wipf and Kelsey Osborne; and statistician Jenny Dibley; and

     WHEREAS,  the Vermillion Tanagers High School Girls' Basketball Team has been a model of consistency and excellence; and

     WHEREAS,  the Vermillion Tanagers High School Girls' Basketball Team played excellent competition to win the State Championship:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Vermillion Tanagers High School Girls' Basketball Team and

its coaching staff be congratulated and commended for their outstanding performances in the 2006-2007 season.

     HC 1019  Introduced by:  Representatives Boomgarden and Nygaard and Senator Nesselhuf

         A LEGISLATIVE COMMEMORATION,  Commending the 2006 Parker Pheasants High School Football Team for winning the State 9AA Championship.

     WHEREAS,  the Parker Pheasants High School Football Team, under the leadership of head coach Bill Leberman and assistant coaches Mike Jorgensen, Mario Massa, Dom LaRocca, and Derrek Sattler, won a state title; and

     WHEREAS,  the Parker Pheasants High School Football Team was exemplary in its unity and the accord of all its players: Layne Dykstra, Josh Jorgensen, Micah Ries, Jake Weinstein, Lucas Kraemer, Corey Boese, Zach Ludens, Bryce Drefke, Scott Runge, Michael Zamora, Jordan Kansanback, Jeff Beil, Eric Koller, Dan VanDeRostyne, Nate Buchholz, Brock Duncan, Cody Duerksen, Nick Dykstra, Darren DeNeui, Ryan Trainer, Lee Berens, Josh Meyer, Stephen Almond, Shane Bentz, and Ethan Dickson; student managers Trace Jensen, Derek Sherard, and Shane Merrill; statisticians Jennifer Schmitz, Jackie Buller, and Toby Davis; cheerleader advisors Angie Olson and Lonna Hertel; and cheerleaders Hannah Dykstra, Laura Berens, Brittany Beil, Courtney Gusso, Tiffany Hertel, and Shaelee Boender; and

     WHEREAS,  the Parker Pheasants High School Football Team has been a model of consistency and excellence; and

     WHEREAS,  the Parker Pheasants Football Team played excellent competition to win the State 9AA Championship:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Parker Pheasants High School Football Team and its coaching staff be congratulated and commended for their outstanding performances in the 2006 season.

     HC 1020  Introduced by:  Representatives Lucas, Bradford, and Van Norman and Senators Bartling and Two Bulls

         A LEGISLATIVE COMMEMORATION,  Honoring the 2007 Todd County High School Cross Country Team and the students and staff involved in the boys and girls cross country program.

     WHEREAS,  the members of the Todd County High School Cross Country Team won its second straight South Dakota Class A combined team championship showing unrelenting leadership and school pride; and

     WHEREAS,  the 2007 Todd County Girls' Cross Country Team finished fourth and the Todd County Boys' Cross Country Team finished fifth. In addition to excellence as a running team,

they also showed outstanding character, sportsmanship, and continued dedication to excellence both on and off the field; and

     WHEREAS,  the Todd County High School Cross Country Team received superior coaching and outstanding leadership guidance from head coach Tonya Whirlwind and assistant coaches Rich Winter and Stephen Springer:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Todd County High School Cross Country Team be commended for its excellence in athletics and academics for the 2007-2008 school year.

     HC 1021  Introduced by:  Representatives Olson (Ryan) and Rounds and Senator Gray

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Blunt Elementary School for receiving the United States Department of Education Blue Ribbon School Award.

     WHEREAS,  Blunt Elementary School is a model for our state by being the only school in South Dakota to receive the award; and

     WHEREAS,  the United States Department of Education distributes only two hundred thirty- seven Blue Ribbon School Awards nationally each year; and

     WHEREAS,  the Blunt Elementary School received the award based on excellent test scores for the past three to five years; and

     WHEREAS,  the students and teachers from the Blunt Elementary School were honored with a flag and a plaque for their exceptional and outstanding performance:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Blunt Elementary School be honored for receiving the United States Department of Education Blue Ribbon School Award.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:49 p.m. the House adjourned.

Karen Gerdes, Chief Clerk