JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



FIFTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 3, 2009

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

     The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by House pages Caleb Anderson and Brittni Butler.

     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 fourteenth 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,
Timothy A. Rave, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1062 and 1063 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1061, 1064, and 1065 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1127 which was tabled.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1197 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1131 and 1195 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1210 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1126 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 Transportation respectfully reports that it has had under consideration HB 1192 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1148 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 Local Government respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

1134fa

     On page 1, line 6, of the printed bill, after "top" insert "or bottom".

1134fb

     On page 1, line 4, of the printed bill, delete "publication" and insert "public notice".

     On page 1, line 5, after "of" insert "the newspaper".

1134fc

     On page 1, line 6, of the printed bill, delete the first "publication" and insert "public notice".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1145 and returns the same with the recommendation that said bill be amended as follows:

1145fa

     On page 1, line 8, of the printed bill, delete " by " and insert " on ".

     On page 1, line 9, delete " in administrative rules promulgated pursuant to chapter 1-26 " and insert " website ".

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

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1046, 1055, and 1087 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HCR 1004 in which the Senate has concurred.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 19, 20, 29, 80, 88, and 109 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Bernie Hunhoff moved that the rules be suspended for the sole purpose of introducing, giving first reading, and committee referral to a bill relating to requiring the state- owned fuel terminals and facilities to supply certain ethanol blends.


     The question being on Rep. Hunhoff's motion that the rules be suspended for the sole purpose of introducing, giving first reading, and committee referral to a bill relating to requiring the state-owned fuel terminals and facilities to supply certain ethanol blends.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

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

     HCR 1007  Introduced by:  Representatives Vanderlinde, Blake, Burg, Elliott, Engels, Fargen, Feickert, Frerichs, Hunhoff (Bernie), Kirschman, Lange, Lucas, Schrempp, Solberg, Sorenson, and Thompson and Senators Kloucek, Ahlers, Hundstad, Nesselhuf, and Turbak Berry

         A CONCURRENT RESOLUTION,  Supporting the Employee Free Choice Act and urging Congress to pass the Employee Free Choice Act.

     WHEREAS,  in 1935, the United States established, by law, that workers must be free to form unions; and

     WHEREAS,  the freedom to form or join a union is internationally recognized by the 1948 Universal Declaration of Human Rights as a fundamental human right; and

     WHEREAS,  the free choice to join with others and bargain for better wages and benefits is essential to economic opportunity and good living standards; and

     WHEREAS,  unions benefit communities by strengthening living standards, stabilizing tax bases, promoting equal treatment, and enhancing civic participation; and

     WHEREAS,  states in which more people are union members are states with higher wages, better benefits, and better schools; and

     WHEREAS,  unions help raise workers' pay and narrow the income gap for minorities and women, increasing median weekly earnings thirty-one percent for union women workers, thirty- six percent for African American workers, forty-six percent for Latino workers, and eight percent for Asian American workers; and

     WHEREAS,  union workers are more likely to have health coverage and guaranteed defined- benefit pensions (eighty percent of private-sector union workers have employer-provided health insurance, compared with only forty-nine percent of nonunion workers, and sixty-eight percent of union workers have defined-benefit pension plans, compared with fourteen percent of nonunion workers); and

     WHEREAS,  workers across the nation are routinely denied the freedom to form unions and to bargain for a better life with twenty-five percent of private-sector employers illegally firing at least one worker for union activity; and

     WHEREAS,  employers often refuse to bargain fairly after workers form a union by dragging out first contract bargaining for up to two years in forty-five percent of successful campaigns; and

     WHEREAS,  each year millions of dollars are spent to frustrate workers' efforts to form unions and ninety-two percent of private-sector employers force employees to attend mandatory anti-union meetings; and

     WHEREAS,  when the right of workers to form a union is violated, wages fall, race and gender pay gaps widen, workplace discrimination increases, and job safety standards disappear; and

     WHEREAS,  a worker's fundamental right to choose a union free from coercion and intimidation is a public issue that requires public policy solutions, including legislative remedies; and

     WHEREAS,  the Employee Free Choice Act received majority support in both houses of Congress in 2007 but was defeated by a minority of Senators; and

     WHEREAS,  the Employee Free Choice Act will safeguard workers' abilities to make their own decisions about forming a union, provide for first contract mediation and arbitration, and establish meaningful penalties when employers violate workers' rights:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature supports the Employee Free Choice Act, which would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily signs authorization cards designating that union to represent them; to provide for first contract mediation and arbitration; and to establish meaningful penalties for violations of a worker's freedom to choose a union; and

     BE IT FURTHER RESOLVED,  that the Legislature urge Congress to pass the Employee Free Choice Act to protect and preserve for America's workers their freedom to choose for themselves whether or not to form a union.
     Was read the first time and referred to the Committee on Commerce.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on HB 1060 as found on pages 226 to 240 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1266  Introduced by:  Representatives Deadrick, Brunner, Hunt, Krebs, and Lange and Senators Vehle and Maher

     FOR AN ACT ENTITLED, An Act to impose a tax on the gross receipts of advertising services, to create the education advertising gross receipts tax fund, and to deposit the advertising gross receipts tax revenue in the education advertising gross receipts tax fund.

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

     HB 1267  Introduced by:  Representatives Deadrick and Peters and Senator Dempster

     FOR AN ACT ENTITLED, An Act to provide for the establishment of group health and dental plans for school district employees.

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

     HB 1268  Introduced by:  Representative Dreyer and Senator Nesselhuf

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the maximum number of alcoholic beverage retail licenses that may be held by any person, corporation, or business.

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

     HB 1269  Introduced by:  Representatives Peters, Bolin, Boomgarden, Cronin, Curd, Deadrick, Gosch, Greenfield, Kirschman, Krebs, Lederman, Lucas, Moser, Novstrup (David), Olson (Ryan), Rounds, Tidemann, and Turbiville and Senators Haverly, Abdallah, Adelstein, Ahlers, Gant, Garnos, Howie, Hundstad, Hunhoff (Jean), Maher, Merchant, Miles, Novstrup (Al), Olson (Russell), and Schmidt

     FOR AN ACT ENTITLED, An Act to provide for the governance of public postsecondary technical education and to provide for the transfer of authority for public postsecondary technical education from local school districts to the Department of Education.

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

     HB 1270  Introduced by:  Representatives Peters, Burg, Carson, Deadrick, Juhnke, Putnam, Tidemann, Turbiville, and Wink and Senators Gant, Ahlers, Haverly, Hundstad, Hunhoff (Jean), Maher, and Novstrup (Al)

     FOR AN ACT ENTITLED, An Act to redirect moneys in the veterans affairs special revenue fund.

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

     HB 1271  Introduced by:  Representative Pitts and Senator Bartling

     FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Corrections to provide for the purchase, design, construction, and equipping of a combined minimum security/parole facility in Rapid City for the Department of Corrections and to declare an emergency.

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

     HB 1272  Introduced by:  Representatives Lucas, Frerichs, Iron Cloud III, Juhnke, Killer, and Schrempp and Senators Bradford, Bartling, Gant, Garnos, Hanson (Gary), and Maher

     FOR AN ACT ENTITLED, An Act to add a portion of roadway in Mellette County to the state trunk highway system as a part of Highway 63.

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

     HB 1273  Introduced by:  Representatives Lucas, Iron Cloud III, and Killer and Senators Bradford, Bartling, and Maher

     FOR AN ACT ENTITLED, An Act to revise the conditions where the state may enter into tax collection agreements with Indian tribes.

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

     HB 1274  Introduced by:  Representative Greenfield

     FOR AN ACT ENTITLED, An Act to prohibit smoking, chewing, possessing, distributing, or selling tobacco products.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1275  Introduced by:  Representatives Solum, Blake, Cronin, Faehn, Gosch, Steele, Thompson, Turbiville, and Vanderlinde and Senators Miles, Fryslie, Merchant, and Peterson

     FOR AN ACT ENTITLED, An Act to authorize electronic bingo devices.

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

     HB 1276  Introduced by:  Representatives Rausch, Noem, Rave, Solum, and Street and Senators Merchant, Fryslie, and Peterson

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application for tax refunds for the construction of certain agricultural processing and new business facilities.

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

     HB 1277  Introduced by:  Representatives Rounds, Kirkeby, and Russell and Senators Adelstein, Rhoden, and Tieszen

     FOR AN ACT ENTITLED, An Act to permit municipalities and counties to assess surcharges against intoxicated persons responsible for certain expenditures of local resources.

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

     HB 1278  Introduced by:  Representatives Kopp, Brunner, Greenfield, Jensen, Kirkeby, Lederman, Olson (Betty), Russell, Steele, and Verchio and Senators Schmidt, Gant, Kloucek, and Maher

     FOR AN ACT ENTITLED, An Act to clarify certain statutes prohibiting political subdivisions from restricting firearms.

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

     HB 1279  Introduced by:  Representatives Lederman, Bolin, Boomgarden, Carson, Curd, Elliott, Fargen, Feickert, Feinstein, Frerichs, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Iron Cloud III, Killer, Kirkeby, Kirschman, Lange, Lucas, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Olson (Ryan), Peters, Schlekeway, Sly, Sorenson, Street, Thompson, Vanderlinde, and Wink and Senators Gray, Adelstein, Bradford, Dempster, Garnos, Gillespie, Hansen (Tom), Jerstad, Kloucek, Knudson, Merchant, Nesselhuf, Olson (Russell), Peterson, Rhoden, and Schmidt

     FOR AN ACT ENTITLED, An Act to require each school district to develop a policy to prohibit bullying and harassment that meets certain requirements.

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

     HB 1280  Introduced by:  Representatives Boomgarden, Bolin, Engels, Faehn, Feickert, Gosch, Kirkeby, Krebs, Novstrup (David), Nygaard, Rave, and Turbiville and Senators Hansen (Tom), Abdallah, Ahlers, Fryslie, Jerstad, Miles, Peterson, Tieszen, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to create reduced ignition propensity standards for cigarettes, to authorize the state fire marshal to monitor such standards, and to provide penalties therefor.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1281  Introduced by:  Representatives Kirkeby, Brunner, Feickert, Kopp, Krebs, Lange, Street, and Verchio and Senators Schmidt, Dempster, and Rhoden

     FOR AN ACT ENTITLED, An Act to enhance funding for state highways, to increase fees on certain signs, displays, or devices, and to provide certain penalties.

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

     HB 1282  Introduced by:  Representatives Feickert, Dennert, Feinstein, Frerichs, Gibson, Kirkeby, and Novstrup (David) and Senator Novstrup (Al)

     FOR AN ACT ENTITLED, An Act to allow counties to assign the responsibility for the redemption of bonded indebtedness of a former school district to a new school district after a reorganization.

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

     HB 1283  Introduced by:  Representative Noem and Senators Abdallah and Ahlers

     FOR AN ACT ENTITLED, An Act to require legislative approval for agreements with Indian tribes.


     Was read the first time and referred to the Committee on State Affairs.

     HB 1284  Introduced by:  Representative Noem and Senator Rhoden

     FOR AN ACT ENTITLED, An Act to provide for the transport of electricity generated by certain customer-owned wind generation facilities and to establish maximum transporting charges for the electricity.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1285  Introduced by:  Representatives Wink, Bolin, Brunner, Carson, Hoffman, Hunhoff (Bernie), Kopp, Olson (Betty), Schrempp, Steele, Turbiville, Van Gerpen, and Wismer and Senators Rhoden and Kloucek

     FOR AN ACT ENTITLED, An Act to place certain restrictions on the granting of easements associated with pipelines.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1286  Introduced by:  Representatives Iron Cloud III, Blake, Bolin, Brunner, Burg, Dennert, Elliott, Engels, Fargen, Feickert, Frerichs, Gibson, Gosch, Hamiel, Hunhoff (Bernie), Jensen, Juhnke, Killer, Kirkeby, Kirschman, Krebs, Lange, Lederman, Lucas, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Pitts, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Sorenson, Street, Thompson, Van Gerpen, Vanderlinde, and Verchio and Senators Garnos, Adelstein, Ahlers, Bartling, Bradford, Dempster, Fryslie, Gillespie, Hanson (Gary), Haverly, Heidepriem, Hundstad, Jerstad, Kloucek, Maher, Merchant, Miles, Nesselhuf, Peterson, Rhoden, Schmidt, Tieszen, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to create a task force to study the feasibility of establishing a cabinet-level Department of Native Affairs and to identify benefits that could result from a closer working relationship between the executive and legislative branches and the tribal governments.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1287  Introduced by:  Representatives Russell, Greenfield, Hunt, Moser, and Schlekeway and Senators Jerstad, Howie, Maher, and Tieszen

     FOR AN ACT ENTITLED, An Act to permit evidence of the defendant's commission of other acts of child molestation to be admissible in certain child molestation cases.

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

     HB 1288  Introduced by:  Representatives Russell and Greenfield and Senator Maher

     FOR AN ACT ENTITLED, An Act to prohibit certain public officials from having an unlawful interest in a public contract and to provide certain penalties therefor.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1289  Introduced by:  Representatives Gibson, Blake, Burg, Elliott, Engels, Feickert, Frerichs, Gosch, Lucas, Schrempp, Street, and Thompson and Senators Heidepriem, Abdallah, Ahlers, Bradford, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to provide for legislative redistricting based on single- member house districts.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1290  Introduced by:  Representatives Gibson, Hunhoff (Bernie), and Vanderlinde and Senators Heidepriem, Hanson (Gary), Hundstad, Merchant, and Miles

     FOR AN ACT ENTITLED, An Act to increase the state's percentage of the net machine income from video lottery and to declare an emergency.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1291  Introduced by:  Representatives Thompson, Engels, Feinstein, Gibson, Hunhoff (Bernie), Lederman, and Lucas and Senators Turbak Berry, Abdallah, Hanson (Gary), and Heidepriem

     FOR AN ACT ENTITLED, An Act to provide for legislative redistricting by a bipartisan, nonlegislative commission.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1292  Introduced by:  Representatives Hunt and Krebs and Senators Vehle and Fryslie

     FOR AN ACT ENTITLED, An Act to provide for the impoundment of certain motor vehicles for failure to maintain liability insurance and driving with a suspended or revoked driver license.

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

     HB 1293  Introduced by:  Representatives Lust, Bolin, Dreyer, Gosch, Kirkeby, Kopp, Krebs, McLaughlin, Moser, Novstrup (David), Peters, Schlekeway, Sly, Solum, Steele, and Turbiville and Senators Adelstein, Haverly, Howie, Novstrup (Al), and Schmidt

     FOR AN ACT ENTITLED, An Act to provide for the establishment of school administration regions and to provide for the sharing of certain school administrators and school service specialists among school districts.

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

     HB 1294  Introduced by:  Representatives Lust, Feickert, Feinstein, Kirkeby, Novstrup (David), and Steele and Senator Novstrup (Al)

     FOR AN ACT ENTITLED, An Act to repeal the methodology that assesses agricultural land based on its agricultural income value, to dissolve the implementation and oversight advisory task force, and to revise certain provisions concerning the assessment of real property.

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

     HB 1295  Introduced by:  Representatives Killer, Blake, Burg, Dennert, Elliott, Engels, Fargen, Feickert, Frerichs, Gibson, Greenfield, Hunhoff (Bernie), Iron Cloud III, Juhnke, Kirschman, Lange, Nygaard, Schrempp, Solberg, Sorenson, Street, and Vanderlinde and Senators Bradford, Ahlers, Heidepriem, Hundstad, Maher, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to authorize the establishment of charter schools.

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

     HB 1296  Introduced by:  Representatives Fargen, Blake, Burg, Dennert, Elliott, Engels, Feickert, Feinstein, Frerichs, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lange, Lederman, Lucas, Moser, Nygaard, Olson (Betty), Schlekeway, Schrempp, Solberg, Sorenson, Street, Thompson, and Vanderlinde and Senators Bradford, Bartling, Maher, Merchant, Olson (Russell), and Peterson

     FOR AN ACT ENTITLED, An Act to authorize the use of tribal identification cards as the equivalent of certain state-issued documents for identification purposes.

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

     HB 1297  Introduced by:  Representative Rave

     FOR AN ACT ENTITLED, An Act to revise the criteria required for minor boundary changes of school districts.

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

     HB 1298  Introduced by:  Representatives Kirkeby, Kopp, Lederman, Olson (Betty), and Verchio and Senators Maher and Schmidt

     FOR AN ACT ENTITLED, An Act to require the Board of Regents to prepare a plan to close one of the postsecondary educational institutions under its control.

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

     HB 1299  Introduced by:  Representative Frerichs and Senator Peterson

     FOR AN ACT ENTITLED, An Act to require the state-owned fuel terminals and facilities to supply certain ethanol blends.

     Was read the first time and referred to the Committee on State Affairs.

     HJR 1002  Introduced by:  Representatives Dreyer, Engels, Gosch, Kirkeby, Lederman, Lust, McLaughlin, Nygaard, Peters, and Steele and Senators Adelstein and Abdallah

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article IX, § 1 of the Constitution of the State of South Dakota and a new section to Article IX of the Constitution of the State of South Dakota, relating to the consolidation of counties.

     Was read the first time and referred to the Committee on State Affairs.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 19: FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for certain group health policies.

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

     SB 20: FOR AN ACT ENTITLED, An Act to revise the lifetime benefit maximum for the health insurance risk pool.

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

     SB 29: FOR AN ACT ENTITLED, An Act to revise the requirements for replacement or discontinuance of group life insurance policies.

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

     SB 80: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

     SB 88: FOR AN ACT ENTITLED, An Act to rescind the repeal on funding for sparse school districts that will take effect on June 30, 2009.

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

     SB 109: FOR AN ACT ENTITLED, An Act to revise the provisions for the risk pool to allow uninsurable children to enroll and to provide for additional funding.

     Was read the first time and referred to the Committee on Health and Human Services.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1124: FOR AN ACT ENTITLED, An Act to prohibit improper influence regarding real estate appraisals.

     Was read the second time.

     The question being "Shall HB 1124 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

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

     HB 1114: FOR AN ACT ENTITLED, An Act to allow a broker to form certain business entities under certain conditions.

     Was read the second time.

     The question being "Shall HB 1114 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

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

     HB 1115: FOR AN ACT ENTITLED, An Act to increase the education requirement for broker associate license.

     Was read the second time.

     The question being "Shall HB 1115 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

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

     HB 1116: FOR AN ACT ENTITLED, An Act to require post-licensing education for broker associates.

     Was read the second time.

     The question being "Shall HB 1116 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions related to free access to state parks and recreation areas to include certain persons with disabilities.

     Was read the second time.

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     Rep. Van Gerpen moved that HB 1001 be amended as follows:

     On page 1, line 7, of the House Agriculture and Natural Resources Committee engrossed bill, after "war ; " insert " or ".

     On page 1, line 8, after " or " delete " has served ".

     Which motion prevailed.

     The question being "Shall HB 1001 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Feinstein

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

     HB 1117: FOR AN ACT ENTITLED, An Act to permit water user districts to provide certain health and life insurance benefits.

     Was read the second time.

     The question being "Shall HB 1117 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 23, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Deadrick; Dennert; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Noem; Novstrup (David); Nygaard; Olson (Betty); Putnam; Rausch; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Speaker Rave

     Nays:
Boomgarden; Carson; Cronin; Curd; Cutler; Dreyer; Engels; Gosch; Greenfield; Hamiel; Hoffman; Lust; McLaughlin; Moser; Olson (Ryan); Peters; Pitts; Romkema; Russell; Sorenson; Steele; Verchio; Wismer

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

     HB 1119: FOR AN ACT ENTITLED, An Act to permit background checks for persons seeking employment with municipalities.

     Was read the second time.

     The question being "Shall HB 1119 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

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

     HB 1076: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to replace certain real estate held for agriculture field laboratory research purposes, to make improvements to the replacement lands, and to make an appropriation for such purposes.

     Was read the second time.

     The question being "Shall HB 1076 pass?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirschman; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Greenfield; Iron Cloud III; Kirkeby; Kopp; Lederman; Olson (Betty); Russell; Steele; Verchio

     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.

     HB 1021: FOR AN ACT ENTITLED, An Act to provide for a contested case hearing on the denial of a claim for the recovery of an allegedly overpaid tax, penalty, or interest.

     Was read the second time.

     The question being "Shall HB 1021 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

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

     HB 1040: FOR AN ACT ENTITLED, An Act to revise certain license, registration, and inspection fees related to food service establishments, lodging establishments, and campgrounds.

     Was read the second time.

     The question being "Shall HB 1040 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 21, Excused 0, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Dennert; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Iron Cloud III; Killer; Kirschman; Lange; Olson (Betty); Russell; Schrempp; Solberg; Thompson; Vanderlinde; Verchio

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

     HB 1118: FOR AN ACT ENTITLED, An Act to revise the type of slot machines that may be owned or leased by the City of Deadwood.

     Was read the second time.

1118ob

     Rep. Feinstein moved that HB 1118 be amended as follows:

     On page 1, line 6, of the House State Affairs Committee engrossed bill, overstrike "fifty" and insert " one hundred ".

     A roll call vote was requested and supported.

     The question being on Rep. Feinstein's motion that HB 1118 be amended.

     And the roll being called:


     Yeas 24, Nays 46, Excused 0, Absent 0

     Yeas:
Blake; Burg; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Olson (Ryan); Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

     Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

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

     The question being "Shall HB 1118 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Fargen; Feickert; Frerichs

     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. Faehn moved that HB 1099, 1171, 1122, and 1138 be deferred to Wednesday, February 4th, the 16th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1015, 1016, 1017, and 1083 were delivered to his Excellency, the Governor, for his approval at 3:46 p.m., February 2, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1046, 1055, and 1087 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1046: FOR AN ACT ENTITLED, An Act to  revise the eligibility requirements for the Richard Hagen-Minerva Harvey memorial scholarship award.

     HB 1055: FOR AN ACT ENTITLED, An Act to  authorize the Department of Game, Fish and Parks to sell certain real property located at the Cleghorn Fish Hatchery to the City of Rapid City.

     HB 1087: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the number of peremptory challenges in cases involving very high felonies.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1002  Introduced by:  Representatives Lucas, Blake, Burg, Cronin, Cutler, Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirkeby, Kirschman, Lange, Lederman, Lust, Moser, Novstrup (David), Pitts, Rausch, Rave, Romkema, Rounds, Schrempp, Sly, Solberg, Steele, Street, Thompson, Turbiville, Vanderlinde, Vanneman, and Verchio and Senators Bradford, Adelstein, Bartling, Hansen (Tom), Jerstad, Nelson, Tieszen, and Vehle

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the 2008 Habitat for Humanity_South Dakota Habitat Supporters of the Year: Ward Cheney, Black Hills Area Habitat for Humanity - Rapid City; Paul Evenson and Rob Boniface, Brookings Area Habitat for Humanity - Brookings; St. Joseph's Catholic Church, DacotahTipis Habitat for Humanity - Ft. Thompson; Paul Johnson, East Central South Dakota Habitat for Humanity - Lake and Moody Counties; Wells Fargo Financial, Habitat for Humanity of Greater Sioux Falls - Sioux Falls; First United Methodist Church, Hub Area Habitat for Humanity - Aberdeen; Nystrom Electrical Contracting, Inc., Oahe Habitat for Humanity - Pierre; State Bank of Eagle Butte, Okiciyapi Tipi Habitat for Humanity - Eagle Butte; Habitat for Humanity - South Dakota, Sicangu Tikaga Okiciyapi Habitat for Humanity - Mission; Prairie Lakes Healthcare System, Habitat for Humanity of Greater Watertown Region - Watertown; Martin Mazourek, Habitat for Humanity of Yankton County - Yankton; Larson Manufacturing and Larson Family Foundation, Habitat for Humanity - South Dakota.

     WHEREAS,  Habitat for Humanity_South Dakota recently celebrated the hard work and volunteerism of the fourteen local Habitat for Humanity affiliates throughout South Dakota by recognizing the work of the Habitat Supporters of the Year at the Simple Homes, Big Dreams Fundraiser and Recognition; and

     WHEREAS,  Habitat for Humanity throughout South Dakota has now achieved another milestone of the construction of the three hundred thirtieth home in South Dakota, which construction results from the generosity of countless volunteers, as well as many sweat equity hours contributed by the homeowner families; and

     WHEREAS,  it is fitting and proper that the South Dakota Legislature acknowledge the unselfish work of these Habitat Supporters of the Year toward the goal of creating affordable housing and eliminating poverty housing in South Dakota:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Ward Cheney, Paul Evenson, Rob Boniface, St. Joseph's Catholic Church, Paul Johnson, Wells Fargo Financial, First United Methodist Church Aberdeen, Nystrom Electrical Contracting Inc., State Bank of Eagle Butte, Habitat for Humanity- South Dakota, Prairie Lakes Healthcare System, Martin Mazourek, Larson Manufacturing and Larson Family Foundation have achieved the distinction of Habitat for Humanity Supporters of the Year for 2008 in South Dakota.

      HC 1003  Introduced by:  Representatives Turbiville and Romkema and Senator Nelson

         A LEGISLATIVE COMMEMORATION,  Honoring Mary Jo Nelson of Deadwood as Municipal Finance Officer of the Year.

     WHEREAS,  for more than ten years, Mary Jo Nelson has been essential in helping the Deadwood Commission operate effectively; and

     WHEREAS,  Mary Jo Nelson daily shows her concern for her city, its citizens, and its employees; and

     WHEREAS,  Mary Jo is active in many community organizations that promote Deadwood and encourage economic development; and

     WHEREAS,  Mary Jo is a friend and mentor to municipal finance officers throughout the state:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Mary Jo Nelson be honored as Municipal Finance Officer of the Year.

     HC 1004  Introduced by:  Representatives Rave and Sorenson and Senator Ahlers

         A LEGISLATIVE COMMEMORATION,  Acknowledging the Tri-Valley High School Football Team for winning the 2008 State 11B Football Championship.

     WHEREAS,  the Tri-Valley Mustang Football Team won their second consecutive state championship under the dedicated leadership of head coach Brad McDonald and assistant coaches Scott Hausmann, Dan Snethen, Mark Acheson, Clark Reider, Jeff Breitkreutz, Travis Johnson, Eric Smart, and Josh Lebrun; and

     WHEREAS,  the Tri-Valley High School Football Team was exemplary in its unity and the accord of all its players: Nate Kirby, Jacob Martens, Trae Bergh, Nick Richards, Jace Eckstaine, Brennan Welbig, Cooper Hausmann, Andrew Buchman, Jake Lidel, Jack Moran, Darren Page, Alex Welbig, Luke O'Hara, Austin King, Alex Hickman, Kyle Erickson, Cameron Krump, Joel Martens, Chase Moffatt, Andrew Hanneman, Caleb Heiberger, Chase Grote, Bronson Filler, Collin Christensen, Garrett Heiberger, Jared Questad, Robbie Paine, Taylor Hausmann, James Krueger, Jaydean Elledge, Riley Boadwine, Justin Siegel, Ray Gunnhammer, Trevor Ramstad, Eric Gruis, Jon Burns, Tim Simmermon, Brian Skrovig, Tanner Adkins, Nick Cortes, Austin Nelson, Tyrel Oyen, Carl Johnson, Kenton Welbig, Cole Keyes, Derek Anderson, Thad Johnson; and student managers: Brett Feterl, Jordan Burgers, Landon Leuning, Austin Leuning, Joey Newman, Josh Reider, Connor Hickman, Lucas Heiberger, and Noah Jewitt; and statisticians Dan Jewett and Rob Grady; and

     WHEREAS,  the Tri-Valley High School Football Team showed commitment and determination in playing each game in the 2008 season in preparation for their championship; and

     WHEREAS,  the cheerleaders, students, faculty, and community of the Tri-Valley Mustangs demonstrated outstanding spirit and sportsmanship to help lead the team to their goal of winning a second state championship while supporting the players, coaches, and staff in their quest:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Tri-Valley High School Football Team and its coaching staff be congratulated and commended for their outstanding performances in the 2008 season.

     HC 1005  Introduced by:  Representatives Frerichs, Dennert, Elliott, Feickert, Feinstein, Greenfield, Hoffman, Hunhoff (Bernie), Kirschman, Krebs, Novstrup (David), Rausch, Rave, Rounds, Street, and Wismer and Senators Hanson (Gary), Ahlers, Fryslie, Hundstad, Knudson, Novstrup (Al), and Turbak Berry

         A LEGISLATIVE COMMEMORATION,  Honoring Olivia Olson of Waubay as the 2009 South Dakota Snow Queen.

     WHEREAS,  Olivia Olson, a senior at Waubay High School was chosen as the 2009 South Dakota Snow Queen; and

     WHEREAS,  Olivia shows her diverse talents in her role as an actress in school plays and through her participation in track and volleyball, and she demonstrates her leadership abilities as a co-captain of her volleyball team and as president of the National Honor Society chapter at her high school; and

     WHEREAS,  her grandfather, Maurice A. Olson, served as a member of the South Dakota House of Representatives for sixteen years, and on the Legislative Research Council Executive Board for three years:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Olivia Olson be congratulated upon her selection as the 2009 South Dakota Snow Queen.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:44 p.m. the House adjourned.

Karen Gerdes, Chief Clerk