JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 25, 2014
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Father Kristopher Cowles, followed by the Pledge
of Allegiance led by House page Sarah Knust.
Roll Call: All members present except Rep. Carson who was 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-fifth 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,
Brian G. Gosch, Chair
Which motion prevailed.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1187, which was reconsidered, and returns the same with the recommendation that said bill
do NOT pass.
Respectfully submitted,
Jacqueline Sly, Chair
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration SB 91 and 100 and returns the same with the recommendation that said bills do
pass.
Respectfully submitted,
Tim Rounds, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HB 1095, 1105, and 1135 which have passed the Senate
without change.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 9, 94, 106, 107, 114, 165, 168, and 170 which
have passed the Senate and your favorable consideration is respectfully requested.
Respectfully,
Jeannette Schipper, Secretary
MOTIONS AND RESOLUTIONS
HCR 1020: A CONCURRENT RESOLUTION, Recognizing the 22nd anniversary of the
Khojaly tragedy which resulted in the loss of over six hundred lives.
HCR 1020 was withdrawn, pursuant to Joint Rule 6B-1.1.
HCR 1022: A CONCURRENT RESOLUTION, Concerning U.S. EPA-proposed
greenhouse gas emission standards for new and existing fossil-fueled power plants.
Rep. Craig moved that HCR 1022 as found on page 499 of the House Journal be adopted.
The question being on Rep. Craig's motion that HCR 1022 be adopted.
And the roll being called:
Yeas 59, Nays 10, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Feickert; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie);
Heinert; Hickey; Hoffman; Johns; Kaiser; Kopp; Langer; Latterell; Lust; Magstadt; May;
Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick;
Wink; Wismer; Speaker Gosch
Nays:
Bartling; Feinstein; Gibson; Hawks; Hawley; Hunhoff (Bernie); Killer; Kirschman; Ring; Soli
Excused:
Carson
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1022 was adopted.
HCR 1023: A CONCURRENT RESOLUTION, Rejecting the Common Core State
Standards plan.
Rep. Nelson moved that HCR 1023 as found on page 503 of the House Journal be adopted.
Rep. Lust moved the previous question.
Which motion prevailed.
The question being on Rep. Nelson's motion that HCR 1023 be adopted.
And the roll being called:
Yeas 24, Nays 45, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Campbell; Craig; Ecklund; Erickson; Greenfield; Haggar (Don); Haggar
(Jenna); Hoffman; Kaiser; Kopp; Latterell; May; Nelson; Olson (Betty); Qualm; Rasmussen;
Russell; Schaefer; Stalzer; Steele; Verchio; Westra
Nays:
Bartling; Cammack; Conzet; Cronin; Dryden; Duvall; Feickert; Feinstein; Gibson; Hajek;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hunhoff (Bernie); Johns; Killer;
Kirschman; Langer; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Otten
(Herman); Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Schoenfish; Schrempp; Sly;
Soli; Solum; Stevens; Tulson; Tyler; Werner; Wick; Wink; Wismer; Speaker Gosch
Excused:
Carson
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
HCR 1024: A CONCURRENT RESOLUTION, Petitioning President Obama to publicly
condemn China for its aggressive program of cyber warfare and espionage against the United
States of America.
Rep. Nelson moved that HCR 1024 as found on page 504 of the House Journal be adopted.
Rep. Cronin moved the previous question.
Which motion prevailed.
The question being on Rep. Nelson's motion that HCR 1024 be adopted.
And the roll being called:
Yeas 15, Nays 54, Excused 1, Absent 0
Yeas:
Bolin; Campbell; Craig; Greenfield; Haggar (Jenna); Kaiser; Kopp; Latterell; May; Nelson;
Olson (Betty); Russell; Stalzer; Steele; Verchio
Nays:
Anderson; Bartling; Cammack; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Haggar (Don); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey;
Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt; Mickelson;
Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stevens;
Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Excused:
Carson
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
HCR 1025 Introduced by: Representatives Heinert, Campbell, Craig, Dryden, Hawks,
Hoffman, Killer, Sly, and Tyler and Senators Sutton, Frerichs, Jones (Chuck), and Rampelberg
A CONCURRENT RESOLUTION, Reaffirming the value of South Dakota's groundwater
resources and recognizing the need for ongoing evaluation of our groundwater management.
WHEREAS, groundwater is a resource of immeasurable value to public health and welfare;
and
WHEREAS, it is the public policy of this state to conserve the waters of the state and to
protect, maintain, and improve the quality thereof for water supplies; for the propagation of
wildlife, fish, and aquatic life; and for domestic, agricultural, industrial, recreational, and other
legitimate uses; and
WHEREAS, it is the public policy of this state to provide that no waste be discharged into
any waters of the state without first receiving the necessary treatment or other corrective action
to protect the legitimate and beneficial uses of such waters; and
WHEREAS, it is the public policy of this state to provide for the prevention, abatement, and
control of new and existing water pollution; and
WHEREAS, the State of South Dakota has limited groundwater resources, and any impact
to such resources may be detrimental and permanent; and
WHEREAS, technology changes rapidly and technological development in all of South
Dakota's industries changes the way in which our groundwater is used:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the value of
our groundwater resources is reaffirmed; and
BE IT FURTHER RESOLVED, that this Legislature recognizes the need for ongoing
evaluation of our groundwater management based on rapidly changing technology and the
impacts of technological advances on our groundwater resources.
Was read the first time and the Speaker waived the committee referral.
HCR 1026 Introduced by: Representatives Bolin, Bartling, Craig, Greenfield, Hickey, and
Schaefer
A CONCURRENT RESOLUTION, Urging restoration of funding to the railroad trust fund.
WHEREAS, the construction of railroads was a key part of the history and heritage of the
State of South Dakota; and
WHEREAS, the construction of railroads keeps heavy trucks off the roads of the state and
saves us from excessive new gas taxes for the average consumer; and
WHEREAS, in 2006, $38 million was removed from the railroad trust fund and placed in
the property tax reduction fund; and
WHEREAS, restoring money taken from dedicated funds is in keeping with South Dakota
values; and
WHEREAS, the state has received a very large windfall of resources in the current fiscal
year which could be used to restore these funds; and
WHEREAS, President Ronald Reagan, when running for president in 1980, said repeatedly,
"If not us, who? If not now, when?"; and
WHEREAS, this statement by Ronald Reagan should reflect our attitude towards the
replacement of dedicated funds to their rightful place:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the
Legislature resolves to begin a deliberate and ongoing effort to restore dedicated funds to their
original location in the accounting system of South Dakota, to urge the executive branch to do
the same, and to resolve to refuse to engage in this practice in the future.
Was read the first time and the Speaker waived the committee referral.
HCR 1027 Introduced by: Representatives Nelson, Greenfield, Kaiser, Kopp, Magstadt,
May, and Russell and Senators Begalka, Jensen, and Otten (Ernie)
A CONCURRENT RESOLUTION, Commending, honoring, and thanking former Congressman
Dr. Ron Paul.
WHEREAS, the Honorable Ron Paul served our country with dignity and integrity as a
United States Congressman from the State of Texas for twenty-three years; and
WHEREAS, patriot Ron Paul served our country bravely as an active duty member of the
United States Air Force as a Flight Surgeon from 1963-1965 and as an Air Force National
Guard member from 1965-1968; and
WHEREAS, Dr. Ron Paul inspired generations of Americans to become involved and get
active in our government "of the people, by the people, for the people..." by inspiring countless
Americans with his promotion of a limited government philosophy; and
WHEREAS, Dr. Ron Paul has remained consistent in his dedication to the principles of life,
the free market, and the defense of our United States Constitution; and
WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all
such patriotic Americans who have done so much to serve our nation:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the
Honorable Congressman Dr. Ron Paul is commended, honored, and thanked for his many
decades of service to our great nation. Our best wishes are extended to him and his family.
Was read the first time and the Speaker waived the committee referral.
HCR 1028 Introduced by: Representative Nelson and Senators Begalka and Maher
A CONCURRENT RESOLUTION, Urging Congress to repeal and defund Obamacare.
WHEREAS, on March 23, 2010, the Patient Protection and Affordable Care Act of 2010,
also known as Obamacare, amended by the Health Care and Education Reconciliation Act of
2010, passed by the unsavory political maneuvering of reconciliation, was enacted by
completely partisan votes, i.e. not one Republican vote, in both the U.S. Senate and the U.S.
House of Representatives; and
WHEREAS, since 2010, many South Dakota politicians have campaigned claiming to be
opposed to Obamacare and to be dedicated to preventing the enactment and implementation of
Obamacare; and
WHEREAS, on February 23, 2010, SB 137, an Act to nullify Obamacare, was defeated; and
WHEREAS, on March 23, 2010, the South Dakota attorney general joined Florida and
twelve other states in a lawsuit contesting that Obamacare was unconstitutional; and
WHEREAS, between July 15 - September 29, 2010, South Dakota state governmental
agencies received six Obamacare grants to enact and implement Obamacare provisions, which
they previously applied for, totaling $2,860,314.00; and
WHEREAS, in December 2010, SB 38 and SB 43 were prefiled and subsequently passed
during the 2011 South Dakota Legislative Session, which enacted changes to South Dakota
Codified Law to facilitate enactment and implementation of Obamacare; and
WHEREAS, on February 9, 2011, HB 1165 to prohibit the enforcement of Obamacare in
South Dakota, was defeated; and
WHEREAS, between August 11 - September 24, 2011, South Dakota state governmental
agencies received five Obamacare grants to enact and implement Obamacare provisions, which
they previously applied for, totaling $3,774,653.00; and
WHEREAS, on September 28, 2011, the South Dakota attorney general joined other states
in challenging the constitutionality of Obamacare to the Supreme Court of the United States of
America; and
WHEREAS, on February 7, 2012, HB 1191, an Act to provide for an interstate compact on
public health care, to establish an interstate advisory health care commission, to specify the
relationship between the member states and the federal government, and to assert the right to
federal funding in lieu of certain federally funded incentives, was defeated; and
WHEREAS, on February 13, 2012, HB 1165, a repeal of 2011's SB 43, was defeated; and
WHEREAS, on February 13, 2012, HB 1167, a repeal of 2011's SB 38, was defeated; and
WHEREAS, on February 15, 2012, HB 1190, an Act to require Legislative approval before
a health insurance exchange is created or implemented, was defeated; and
WHEREAS, on July 1, 2012, HB 1185 became law when it was passed to prohibit all
qualified health plans offered through Obamacare health care exchanges in South Dakota,
including abortion coverage; and
WHEREAS, on July 1, 2012, HB 1220 became law when it was passed to conditionally
repeal certain provisions enacting and implementing Obamcare provisions into SDCL via 2011
legislation in the event Obamacare was found to be unconstitutional; and
WHEREAS, between May 16 - September 25, 2012, South Dakota state governmental
agencies received five Obamacare grants to enact and implement Obamacare provisions, which
they previously applied for, totaling $7,363,460.00; and
WHEREAS, on June 28, 2012, the Supreme Court of the United States of America ruled
that Obamacare was a tax and therefore constitutionally enacted; and
WHEREAS, on February 4, 2013, HB 1244, an Act to prohibit the expansion of Medicaid
eligibility under Obamacare, was defeated; and
WHEREAS, on July 1, 2013, SB 139 became law when it was passed to regulate certain
market activity in an enacted Obamacare health exchange in South Dakota; and
WHEREAS, on July 1, 2013, HB 1103 became law when it was passed to exempt credit
health insurers from certain provisions related to preexisting conditions; and
WHEREAS, between June 25 - September 20, 2013, South Dakota state governmental
agencies received five Obamacare grants to enact and implement Obamacare provisions, which
they previously applied for, totaling $3,686,723.00; and
WHEREAS, all reliable public opinion polls continue to show that less than half of the
population supports the unpopular Obamacare, and support continues to decline as more and
more details of the costly law take effect and Americans lose their current health care coverage;
and
WHEREAS, health care costs are already rising and are projected to rise more by the
nonpartisan Congressional Budget Office estimates for this program, and the data is showing
that the care and cost for those with health insurance will rise to compensate for those not being
presently covered; and
WHEREAS, employers, especially those employing over fifty employees, are finding it
impractical to employ more full-time employees due to these onerous costs, because it is
impractical, expensive, and harms the businesses; and
WHEREAS, the Obama Administration recently delayed the employer mandate, but unfairly
is still forcing individuals and families to pay to implement an individual mandate; and
WHEREAS, both public and private unions have petitioned for waivers to be released from
the mandates of Obamacare, and recently, having discovered the details of the plan, are calling
for repeal or fixes to the law; and
WHEREAS, health care should remain in the hands of citizens, not bureaucrats; and
WHEREAS, Obamacare will result in the IRS alone hiring more than 12,000 new agents to
ensure compliance, while more and more regular Americans lose full-time work by the day; and
WHEREAS, the implementation of Obamacare has already prompted large corporations like
UPS, Home Depot, Walmart and others to dramatically revamp or eliminate their employee
health care plans, and reduce workers to part-time status to avoid Obamacare's draconian
mandates, causing great suffering for middle-class American families; and
WHEREAS, the average family of four will spend an additional $4,000 annually in health
care costs by 2016 if Obamacare continues to be implemented; and
WHEREAS, government will collect more than $1.3 TRILLION in new taxes over the next
decade on everything from prescription drugs and private insurance plans to medical device
manufacturers; and
WHEREAS, Obamacare forces free people, under the cover of a convoluted Supreme Court
decision, to buy a product from a private company, which is fundamentally un-American,
unconstitutional, and anathema to a country that was built on free market principles; and
WHEREAS, the United States Office of Personnel Management has recently exempted
Congress and its staff from Obamacare while forcing American taxpayers they are supposed to
serve, into compliance with it; and
WHEREAS, Congress has the power to stop Obamacare from being forced upon the people
of the United States by introducing and securing passage of bills to repeal Obamacare as well
as appropriations bills that exclude funding for Obamacare:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature urges South Dakota's Congressional delegation to support every effort by
their Congressional colleagues to repeal and defund Obamacare; and
BE IT FURTHER RESOLVED, that the Legislature urges Congress and President Obama
to support such efforts as the will of the people.
Was read the first time and the Speaker waived the committee referral.
HCR 1029 Introduced by: Representatives Heinert, Bartling, Cammack, Killer, May, Olson
(Betty), Russell, Verchio, and Wink and Senators Sutton and Frerichs
A CONCURRENT RESOLUTION, Honoring World Champion Saddle Bronc Champion Chad
Ferley of Oelrichs, South Dakota.
WHEREAS, after being ranch-reared in southwestern South Dakota, Chad Ferley began his
extraordinary rodeo career by compiling an impressive amateur record on the high school and
college rodeo circuits; and
WHEREAS, after turning pro, he quickly climbed the standings and achieved his first PRCA
saddle bronc championship in 2006 on his first qualification for the National Finals Rodeo; and
WHEREAS, since then, in spite of injuries and ranch obligations, he qualified for the
National Finals Rodeo five more times in 2007, 2008, 2009, 2012, and 2013, winning at one
time or another most of the traditional big name rodeos along the way; and
WHEREAS, Chad is the reigning PRCA Saddle Bronc Champ, having won his second
world championship in 2013; and
WHEREAS, the little foothills ranching community of Oelrichs is bursting with respect for
his achievements, second only to the love and pride of his wife Jessica and his daughter Teagan;
and
WHEREAS, the entire state is grateful to Chad for maintaining South Dakota's long
tradition of being the preeminent bronc riding state; and
WHEREAS, Chad's trademark silver belly felt lends truth to the old adage that "good guys
wear white hats":
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, on behalf of his
home state that he represents so well across Western and Midwestern America, congratulate
Chad Ferley on his most recent outstanding achievement and wish him many more
championship buckles.
Was read the first time and the Speaker waived the committee referral.
HCR 1030 Introduced by: Representatives Heinert, Bartling, Cammack, Killer, May, Olson
(Betty), Russell, Verchio, and Wink and Senators Sutton and Frerichs
A CONCURRENT RESOLUTION, Honoring National Finals Rodeo Barrel Racing Champion
Lisa Lockhart of Oelrichs, South Dakota.
WHEREAS, despite the minor biographical hiccup of being born in Montana, Lisa Lockhart
is a long time resident of Oelrichs, a hardworking ranch wife and horse trainer, and the reigning
unofficial "Queen of South Dakota Cowgirls"; and
WHEREAS, Lisa has compiled an impressive resume of barrel racing accomplishments
including qualifying for the National Finals Rodeo seven times in a row between 2007 and
2013; and
WHEREAS, in December 2013, Lisa won the prestigious title of 2013 National Finals
Barrel Racing Champion by winning the average, a feat roughly equivalent to winning the
PRCA national world championship; and
WHEREAS, her husband, Grady, and her children, Alyssa, Thane, and Cade, are just the
foremost of her supporters including the entire population of Oelrichs and its proud tradition of
rodeo excellence; and
WHEREAS, Lisa has done marvels to put South Dakota on the map as a prime home of
women rodeo athletes where previously the state was primarily known for bronc riders:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, on behalf of her
home state that she represents so well across western and midwestern America, congratulates
Lisa Lockhart on her most recent outstanding achievement and wishes her many more winning
runs in the rodeo arena.
Was read the first time and the Speaker waived the committee referral.
HCR 1031 Introduced by: Representative May
A CONCURRENT RESOLUTION, Urging Congress to provide federal funding in lieu of
property taxes on Indian trust lands.
WHEREAS, Jackson County, South Dakota is in imminent danger of bankruptcy; and
WHEREAS, approximately 51.6% of the total population of Jackson County lives on
property tax-exempt Indian trust lands; and
WHEREAS, approximately 56% of Jackson County's land area is nontaxable land with
approximately 370,759 acres of this land being tribal trust land; and
WHEREAS, all Indian trust lands are held in trust for individual Native Americans by the
federal government; and
WHEREAS, Indian people living on Indian trust land have no personal obligation to pay
property taxes on these trust lands; and
WHEREAS, money derived from property taxes provides the majority of funds for county
services to all residents of the county; and
WHEREAS, Indian people who live on trust property in Jackson County are residents and
citizens of the county. They live there, work there, send their children to school there, hold
public offices there, recreate there and are part of the local community; and
WHEREAS, Indian people who live on trust land consume county public services the same
as other county citizens; and
WHEREAS, Jackson County is obligated to provide county service to all residents of the
county including Indian people living on trust lands; and
WHEREAS, the federal government pays no compensation to Jackson County for public
services rendered to Indian people; and
WHEREAS, a Supreme Court ruling in 1831,
Cherokee Nation versus Georgia, determined
that the federal government is responsible for all Indian peoples' wants and needs; and
WHEREAS, the population of Jackson County is 2,930, and approximately one-half of the
county's population are Native Americans. Only 850 citizens of Jackson County are private land
owners and pay local property taxes. The burden on these tax payers is disproportionate,
inequitable, and overwhelming; and
WHEREAS, the economy of Jackson County is agricultural, and there are limited jobs
available for the number of people living there. It is proven that unemployment contributes to
poverty, alcoholism, drug use, violence, and crime; and
WHEREAS, crime is increasing rapidly due to unemployment, alcoholism, and drug use.
Three years ago Jackson County was averaging two prisoners daily. Currently, the average is
three prisoners per day at $50/day. Jail costs have increased from $27,037 in 2012 to $50,288
in 2013; and
WHEREAS, Jackson County paid $43,358 in 2012 and $45,567 in 2013 for court-appointed
attorneys. The only attorney residing in Jackson County is the county states attorney/prosecutor.
WHEREAS, the current annual real estate property taxes for Jackson County are $2.07
million with $802,400 to the county, $992,700 to the school districts, $1,600 to the townships,
$270,000 to the towns, and $7,100 to the water district; and
WHEREAS, the property tax loss due to trust lands in Jackson County is estimated at nearly
$1.07 million annually; and
WHEREAS, the federal government is effectively meeting its financial obligation on Indian
reservations, but has abdicated its financial responsibility to counties with substantial Indian
trust land within their county boundaries; and
WHEREAS, the county has opted-out of the state imposed property tax freeze for $150,000
annually for the past five years. Five years prior to this the county had opted-out of the state
imposed property tax freeze for $100,000 annually for five years. The opt-out is a temporary
stopgap measure with a renewed opt-out planned beginning in 2015. The new opt-out may be
challenged, and may be defeated by a public referendum; and
WHEREAS, the 850 property owners in the county will be disproportionally and unfairly
impacted by the proposed property tax increase; and
WHEREAS, if the opt-out is defeated, Jackson County will most be likely be bankrupt by
2015 or 2016:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature urgently requests that the Congress of the United States live up to its
obligation under the Supreme Court decision in
Cherokee Nation versus Georgia, 1831, and
provide adequate funding for county services provided to Indian people living on trust lands in
Jackson County and other South Dakota counties, if not in a direct payment of property taxes
then in some form of impact aid to the county similar to impact aid for schools.
Was read the first time and the Speaker waived the committee referral.
HCR 1032 Introduced by: Representatives May, Campbell, Heinert, Qualm, and Verchio
and Senator Sutton
A CONCURRENT RESOLUTION, Expressing support for the people of the Red Shirt
community on the Pine Ridge Reservation.
WHEREAS, the Red Shirt Table area of the Pine Ridge Reservation has a long, rich, and
varied history encompassing both Native and non-Native economic and cultural pursuits and
practices; and
WHEREAS, the people of the Red Shirt community have deep roots and strong ties to the
land and respect for the traditions and aspirations of their neighbors; and
WHEREAS, like their fellow South Dakotans, the people of the Red Shirt community
continue to strive for and promote opportunities for economic development and financial well-
being and to provide satisfying and fulfilling lives for themselves, their families, and the
members of their community:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature respects and supports the efforts of the people of the Red Shirt community
on the Pine Ridge Reservation to preserve and protect their economic livelihoods and their
cultural, historical, and social heritage and traditions.
Was read the first time and the Speaker waived the committee referral.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Lust moved that the report of the Standing Committee on
Judiciary on HB 1165 as found on page 497 of the House Journal be adopted.
Which motion prevailed.
Rep. Bolin moved that HB 1187 be placed on today's calendar, pursuant to Joint Rule 6F-6.
The question being on Rep. Bolin's motion that HB 1187 be placed on today's calendar,
pursuant to Joint Rule 6F-6.
And the roll being called:
Yeas 27, Nays 42, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Campbell; Craig; Ecklund; Erickson; Feickert; Greenfield; Haggar (Don);
Haggar (Jenna); Heinemann (Leslie); Hickey; Hoffman; Kaiser; Kopp; Latterell; May; Nelson;
Olson (Betty); Qualm; Rasmussen; Russell; Schaefer; Stalzer; Steele; Verchio; Wick
Nays:
Bartling; Cammack; Conzet; Cronin; Dryden; Duvall; Feinstein; Gibson; Hajek; Hawks;
Hawley; Heinert; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt;
Mickelson; Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Ring;
Romkema; Rounds; Rozum; Schoenfish; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Tyler;
Werner; Westra; Wink; Wismer; Speaker Gosch
Excused:
Carson
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 9: FOR AN ACT ENTITLED, An Act to revise provisions related to the Interim
Appropriations Committee.
Was read the first time and referred to the Committee on State Affairs.
SB 94: FOR AN ACT ENTITLED, An Act to appropriate money in order to fund the fiscal
year 2014 health insurance shortfall for Board of Regents employees compensated from tuition,
fees, and other funds, and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 106: FOR AN ACT ENTITLED, An Act to identify criteria to deny a minor boundary
change.
Was read the first time and referred to the Committee on Education.
SB 107: FOR AN ACT ENTITLED, An Act to accommodate legislation on the state aid
to education formula and to make an appropriation therefor.
Was read the first time and referred to the Committee on State Affairs.
SB 114: FOR AN ACT ENTITLED, An Act to establish a wine direct shipper license and
to provide for certain direct shipments of wine.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 165: FOR AN ACT ENTITLED, An Act to develop a systematic process for the
performance management review of state agencies.
Was read the first time and referred to the Committee on Government Operations and
Audit.
SB 168: FOR AN ACT ENTITLED, An Act to provide oversight and accountability to
certain economic activities.
Was read the first time and referred to the Committee on State Affairs.
SB 170: FOR AN ACT ENTITLED, An Act to revise the structure for compensating
surface owners for losses due to mineral development.
Was read the first time and referred to the Committee on Commerce and Energy.
The following bill was read on Monday, February 24, and today the Speaker assigned
this bill to committee.
SB 179 was referred to the Committee on Transportation.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1161: FOR AN ACT ENTITLED, An Act to establish a cause of action for wrongful
human trafficking.
Was read the second time.
The question being "Shall HB 1161 pass as amended?"
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks;
Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser;
Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman;
Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Nays:
Greenfield
Excused:
Carson
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 1194: FOR AN ACT ENTITLED, An Act to establish certain requirements relating
to the crossings of railroad rights-of-way by utilities.
Was read the second time.
The question being "Shall HB 1194 pass as amended?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund;
Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns;
Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson;
Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Peterson; Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Nays:
Cronin; Parsley
Excused:
Carson
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 1038: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety
to build a highway patrol office and motorcycle training facility in Rapid City, to make an
appropriation therefor, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1038 pass?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie);
Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Magstadt; May; Mickelson;
Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson;
Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Nays:
Lust; Russell
Excused:
Carson
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 1203: FOR AN ACT ENTITLED, An Act to improve the financial practices of the
State of South Dakota.
Was read the second time.
The question being "Shall HB 1203 pass?"
And the roll being called:
Yeas 45, Nays 24, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Cammack; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson;
Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Heinert; Hickey; Hoffman; Johns;
Langer; Magstadt; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman);
Peterson; Qualm; Rasmussen; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Solum;
Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch
Nays:
Bartling; Campbell; Feickert; Feinstein; Gibson; Greenfield; Hawks; Hawley; Hunhoff (Bernie);
Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; May; Nelson; Parsley; Ring; Russell;
Schrempp; Soli; Tyler; Wismer
Excused:
Carson
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 1215: FOR AN ACT ENTITLED, An Act to provide for the issuance of free fishing
licenses to residents aged eighty-five and older.
Having had its second reading was up for consideration and final passage.
Rep. May moved that HB 1215 be amended as follows:
On page 1, line 14, of the printed bill, delete "without payment of any" and insert "with
payment of a one dollar".
Which motion prevailed.
The question being "Shall HB 1215 pass as amended?"
And the roll being called:
Yeas 33, Nays 36, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Campbell; Craig; Ecklund; Feinstein; Greenfield; Haggar (Don); Haggar
(Jenna); Heinert; Hickey; Kaiser; Killer; Kopp; Langer; Latterell; May; Mickelson; Nelson;
Olson (Betty); Otten (Herman); Rasmussen; Rounds; Russell; Schoenfish; Schrempp; Soli;
Stalzer; Steele; Tulson; Wick; Wink; Speaker Gosch
Nays:
Bartling; Cammack; Conzet; Cronin; Dryden; Duvall; Erickson; Feickert; Gibson; Hajek;
Hawks; Hawley; Heinemann (Leslie); Hoffman; Hunhoff (Bernie); Johns; Kirschman; Lust;
Magstadt; Munsterman; Novstrup (David); Parsley; Peterson; Qualm; Ring; Romkema; Rozum;
Schaefer; Sly; Solum; Stevens; Tyler; Verchio; Werner; Westra; Wismer
Excused:
Carson
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. May announced her intention to reconsider the vote by which HB 1215 lost.
HB 1208: FOR AN ACT ENTITLED, An Act to restrict certain activities on waters that
inundate private property.
Was read the second time.
The question being "Shall HB 1208 pass as amended?"
And the roll being called:
Yeas 63, Nays 6, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley;
Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer;
Kirschman; Kopp; Langer; Latterell; Magstadt; May; Mickelson; Munsterman; Nelson;
Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele;
Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer
Nays:
Bartling; Erickson; Lust; Rounds; Verchio; Speaker Gosch
Excused:
Carson
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 the General Appropriations Act
for fiscal year 2014.
Was read the second time.
The question being "Shall HB 1040 pass as amended?"
And the roll being called:
Yeas 63, Nays 6, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks;
Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer;
Kirschman; Kopp; Langer; Latterell; Magstadt; May; Mickelson; Munsterman; Novstrup
(David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele;
Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Greenfield; Kaiser; Lust; Nelson; Russell; Verchio
Excused:
Carson
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 1112: FOR AN ACT ENTITLED, An Act to appropriate general funds and higher
education facility funds to replace a portion of the other funds appropriated for the construction
of swine teaching and research facilities at South Dakota State University and to declare an
emergency.
Was read the second time.
The question being "Shall HB 1112 pass as amended?"
And the roll being called:
Yeas 63, Nays 6, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund;
Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns;
Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson;
Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steele; Stevens;
Tulson; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Cronin; Nelson; Olson (Betty); Russell; Schrempp; Tyler
Excused:
Carson
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 1175: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expand
university facilities at the University of South Dakota, to make an appropriation therefor, and
to declare an emergency.
Was read the second time.
The question being "Shall HB 1175 pass as amended?"
And the roll being called:
Yeas 49, Nays 20, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Cammack; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feinstein;
Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hickey; Hoffman; Johns; Killer;
Kirschman; Langer; Latterell; Lust; Magstadt; May; Mickelson; Novstrup (David); Olson
(Betty); Otten (Herman); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer;
Schoenfish; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick;
Wink; Speaker Gosch
Nays:
Bartling; Campbell; Cronin; Feickert; Gibson; Greenfield; Hawks; Hawley; Heinert; Hunhoff
(Bernie); Kaiser; Kopp; Munsterman; Nelson; Parsley; Peterson; Russell; Schrempp; Tyler;
Wismer
Excused:
Carson
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 1145: FOR AN ACT ENTITLED, An Act to accommodate legislation on medical
services.
Was read the second time.
The question being "Shall HB 1145 pass?"
And the roll being called:
Yeas 60, Nays 9, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley;
Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman;
Langer; Magstadt; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman);
Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
Nays:
Campbell; Greenfield; Kaiser; Kopp; Latterell; Lust; May; Nelson; Russell
Excused:
Carson
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 1146: FOR AN ACT ENTITLED, An Act to accommodate legislation relating to
education in South Dakota.
Was read the second time.
Rep. Cronin moved that HB 1146 be laid on the table.
The question being on Rep. Cronin's motion that HB 1146 be laid on the table.
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hawks; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer;
Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson;
Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum;
Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer;
Speaker Gosch
Nays:
Hickey
Excused:
Carson; Hawley
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1146 was tabled.
HB 1236: FOR AN ACT ENTITLED, An Act to establish the school innovation and
emergency fund.
Was read the second time.
The question being "Shall HB 1236 pass?"
And the roll being called:
Yeas 57, Nays 11, Excused 2, Absent 0
Yeas:
Anderson; Bartling; Cammack; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Heinemann (Leslie); Heinert;
Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt;
Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson;
Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer;
Speaker Gosch
Nays:
Bolin; Campbell; Cronin; Greenfield; Kaiser; Kopp; Latterell; May; Nelson; Russell; Steele
Excused:
Carson; Hawley
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 1075: FOR AN ACT ENTITLED, An Act to provide for public notice of certain
hearings conducted by the Board of Education, and to require that the hearings be conducted at
least sixty days apart.
Was read the second time.
The question being "Shall HB 1075 pass?"
And the roll being called:
Yeas 59, Nays 9, Excused 2, Absent 0
Yeas:
Anderson; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Feickert; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie);
Heinert; Hickey; Hoffman; Johns; Kaiser; Killer; Kopp; Langer; Latterell; Lust; Magstadt; May;
Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Peterson;
Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Speaker Gosch
Nays:
Bartling; Feinstein; Gibson; Hawks; Hunhoff (Bernie); Kirschman; Parsley; Rozum; Wismer
Excused:
Carson; Hawley
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 1165: FOR AN ACT ENTITLED, An Act to adopt the Uniform Deployed Parents
Custody and Visitation Act.
Was read the second time.
The question being "Shall HB 1165 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie);
Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson;
Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson;
Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
Excused:
Carson
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.
There being no objection, the House reverted to Order of Business No. 8.
MOTIONS AND RESOLUTIONS
Rep. May moved that the House do now reconsider the vote by which HB 1215 lost.
The question being on Rep. May's motion to reconsider the vote by which HB 1215 lost.
And the roll being called:
Yeas 45, Nays 24, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Campbell; Craig; Dryden; Duvall; Ecklund; Erickson; Haggar (Don); Haggar
(Jenna); Hajek; Heinemann (Leslie); Hickey; Hoffman; Johns; Kaiser; Killer; Kopp; Langer;
Latterell; Lust; Magstadt; May; Mickelson; Nelson; Novstrup (David); Olson (Betty); Otten
(Herman); Qualm; Rasmussen; Rounds; Russell; Schaefer; Schoenfish; Sly; Soli; Solum;
Stalzer; Steele; Tulson; Werner; Westra; Wick; Wink; Speaker Gosch
Nays:
Bartling; Cammack; Conzet; Cronin; Feickert; Feinstein; Gibson; Greenfield; Hawks; Hawley;
Heinert; Hunhoff (Bernie); Kirschman; Munsterman; Parsley; Peterson; Ring; Romkema;
Rozum; Schrempp; Stevens; Tyler; Verchio; Wismer
Excused:
Carson
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1215 was up for reconsideration and final passage.
HB 1215: FOR AN ACT ENTITLED, An Act to provide for the issuance of free fishing
licenses to residents aged eighty-five and older.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall HB 1215 pass as amended?"
And the roll being called:
Yeas 32, Nays 37, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Campbell; Craig; Duvall; Ecklund; Erickson; Haggar (Don); Haggar (Jenna);
Hickey; Kaiser; Killer; Kopp; Langer; Latterell; Magstadt; May; Mickelson; Nelson; Olson
(Betty); Otten (Herman); Rasmussen; Rounds; Russell; Schoenfish; Soli; Stalzer; Steele;
Tulson; Wick; Wink; Speaker Gosch
Nays:
Bartling; Cammack; Conzet; Cronin; Dryden; Feickert; Feinstein; Gibson; Greenfield; Hajek;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Kirschman;
Lust; Munsterman; Novstrup (David); Parsley; Peterson; Qualm; Ring; Romkema; Rozum;
Schaefer; Schrempp; Sly; Solum; Stevens; Tyler; Verchio; Werner; Westra; Wismer
Excused:
Carson
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
Rep. Lust moved that SB 12, 64, 55, 27, 31, 32, 63, 14, 89, 93, 103, 29, 54, and 59 be
deferred to Wednesday, February 26, the 27th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1064, 1074, and
1101 were delivered to his Excellency, the Governor, for his approval at 10:45 a.m.,
February 25, 2014.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1095, 1105, and 1135 and finds the same correctly
enrolled.
Respectfully submitted,
Brian G. Gosch, Chair
SIGNING OF BILLS
The Speaker publicly read the title to
HB 1095: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions
relating to municipal officers.
HB 1105: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the compilation and publication of certain local government annual fiscal
reports.
HB 1135: FOR AN ACT ENTITLED, An Act to revise certain exceptions to special
assessments levied upon real property.
SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
regulation of certain open containers of alcoholic beverages.
SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the titling
and licensing of boats and motor vehicles and to establish certain penalties for violation of those
provisions.
SB 88: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding traction engines operated over bridges.
SB 119: FOR AN ACT ENTITLED, An Act to update and revise the statutes relating to
the South Dakota Board on Geographic Names.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1034 Introduced by: Representatives Bartling, Cammack, Campbell, Craig, Feickert,
Feinstein, Gibson, Haggar (Jenna), Hawks, Hawley, Heinert, Hunhoff (Bernie), Killer,
Kirschman, Kopp, Parsley, Peterson, Qualm, Ring, Schaefer, Schrempp, Soli, Stalzer, Stevens,
Tulson, Tyler, Verchio, Werner, and Wismer and Senators Sutton, Bradford, Buhl O'Donnell,
Frerichs, Hunhoff (Jean), Jones (Tom), Lucas, Van Gerpen, Vehle, and Welke
A LEGISLATIVE COMMEMORATION, Honoring and commending the 2013 Avon High
School Football Team.
WHEREAS, the 2013 Avon Pirates Football Team finished the 2013 season with a 12-0
record; and
WHEREAS, the Avon Pirates Football Team defeated the Hamlin Chargers 24-22 in the
Class 9B championship game, coming back from a 14 point deficit at halftime; and
WHEREAS, the Avon Pirates Football Team has dominated the Class 9B football division
since 2002 with five state championships and three runner-up titles:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the 2013
Avon High School Pirates Football Team be honored on its Class 9B state football
championship, and seniors Brandon Kocmich, Clay Lukkes, Brant Blaha, Michael Johnson,
Jacob Reeves, and Nick Metteer, head coach Tom Culver, and all of the team's coaching staff,
managers, cheerleaders, statisticians, volunteers, and fans be commended for their outstanding
efforts in the 2013 season.
HC 1035 Introduced by: Representatives Feinstein, Ecklund, Haggar (Don), Haggar
(Jenna), Hajek, Kirschman, Langer, Mickelson, and Soli and Senators Buhl O'Donnell, Rave,
and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2014 National Merit
Semifinalists Jessica Daniels, Angela Liu, Kyle McKee, Zachary Person, Emma Ward, and
Tyler Wilson, of Sioux Falls Washington High School for their outstanding academic
achievements.
WHEREAS, the National Merit Scholarship Program is an academic competition for
recognition and scholarships that began in1955; and
WHEREAS, students Jessica Daniels, Angela Liu, Kyle McKee, Zachary Person, Emma
Ward, and Tyler Wilson of Washington High School have shown exemplary patience,
dedication, and excellence in academics; and
WHEREAS, all members of Washington High School helped facilitate and cultivate the
academic, mental, and emotional growth and development of these students; and
WHEREAS, all the Semifinalists are AP scholars as well as participants in numerous
organizations and community activities; and
WHEREAS, these students have excelled academically by meeting high academic standards
and have been selected from one and one-half million other entrants to advance to Semifinalist
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-Ninth Legislature of the
State of South Dakota, that Jessica Daniels, Angela Liu, Kyle McKee, Zachary Person, Emma
Ward, and Tyler Wilson are to be congratulated on their exceptional academic performances.
HC 1036 Introduced by: Representatives Feinstein, Ecklund, Haggar (Don), Haggar
(Jenna), Hajek, Kirschman, Langer, Mickelson, and Soli and Senators Buhl O'Donnell and
Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2013 Boys Track 4
x200 and the 4x400 meter relay teams from Washington High School for their outstanding
athletic performances at the 2013 State AA Track Meet.
WHEREAS, Jordan Determan, Sam Cooke, AJ Breck, and Nathan Gerry showed
outstanding teamwork in pursuit of achieving first place in the 4x200 meter relay at the 2013
State AA Track Meet; and
WHEREAS, Jacob Green, AJ Breck, Jordan Determan, and Jonah Warwick, working
together, had all their hard work come to fruition by winning first place in the 4x400 meter relay
at the 2013 Boys State AA Track Meet:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that AJ Breck, Sam Cooke, Jordan Determan, Nathan Gerry, Jacob
Green, and Jonah Warwick are honored for their outstanding track season.
HC 1037 Introduced by: Representatives Feinstein, Ecklund, Haggar (Don), Haggar
(Jenna), Hajek, Kirschman, Langer, Mickelson, and Soli and Senators Buhl O'Donnell, Rave,
and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2013 Boys State AA
Track Champions of Washington High School of Sioux Falls, South Dakota, for their
outstanding athletic performance.
WHEREAS, the student athletes of the Washington High School 2013 Boys Track Team
have shown exemplary patience, devotion, and tenacity; and
WHEREAS, the 2013 Washington High School Boys Track Team and coaching staff helped
facilitate and cultivate the physical, mental, and emotional growth and development of the
student athletes; and
WHEREAS, all members of the Washington High School Boys Track Team, including the
student athletes, coaches, parents, and fans, have volunteered their time and unique talents for
the betterment of the 2013 Washington High School Boys Track Team:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Washington High School Boys Track Team is commended and
honored for its outstanding State AA Championship season.
HC 1038 Introduced by: Representatives Feinstein, Ecklund, Haggar (Don), Haggar
(Jenna), Hajek, Kirschman, Langer, Mickelson, and Soli and Senators Buhl O'Donnell, Rave,
and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2013 South Dakota
Girls AA Softball Champions of Sioux Falls Washington High School for their outstanding
athletic performance.
WHEREAS, the student athletes of the Washington Warriors have shown exemplary
patience, dedication, and tenacity winning their third consecutive Girls AA Championship; and
WHEREAS, the Washington High School Girls Softball coaching staff and teammates
helped facilitate and cultivate the physical, mental, and emotional growth and development of
the student athletes; and
WHEREAS, all members of the 2013 Washington High School Girls Softball Team,
including the student athletes, coach Scott Powell, parents, and fans, have volunteered their time
and unique talents for the betterment of the team:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the 2013 South Dakota Girls AA Softball Championship Team of
Sioux Falls Washington High School is celebrated and congratulated on its outstanding athletic
performance.
HC 1039 Introduced by: Representatives Feinstein, Ecklund, Haggar (Don), Haggar
(Jenna), Hajek, Kirschman, Langer, Mickelson, and Soli and Senators Buhl O'Donnell, Rave,
and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2013-2014
Competitive Dance State AA Champions from Sioux Falls Washington High School for
their outstanding performance.
WHEREAS, the Washington High School Competitive Dance Team has shown exemplary
patience, dedication, and tenacity; and
WHEREAS, the Washington High School Competitive Dance Team coach Angela Nieman
and the team members helped facilitate and cultivate physical, mental, and emotional growth
and development; and
WHEREAS, Lauren Brudigan, Danielle Conklin, Kiara Harkema, Aliyah Hudson, Leah
HuynhMoser, Kourtney Isaacson, Alexis Jansma, MacKenzie Jensen, Rachel Konrad, Hannah
Munce, Tiahna Nath, Anna Nieman, Katherine Simko, Corinne VerMulm, Amy Walker, Taylor
Wiley, Jamie Withorne, and Lauren Zimbeck of the Washington High School Competitive
Dance Team, including the participants, coaches, parents, and fans, have volunteered their time
and unique talents for the betterment of the Washington High School Competitive Dance Team:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the State AA Championship Washington High School Competitive
Dance Team is celebrated and congratulated for its success and outstanding performance.
HC 1040 Introduced by: Representatives Feinstein, Ecklund, Haggar (Don), Haggar
(Jenna), Hajek, Kirschman, Langer, Mickelson, and Soli and Senators Buhl O'Donnell, Rave,
and Soholt
A LEGISLATIVE COMMEMORATION, Honoring the Sioux Falls Washington High School
Girls Bowling Team for its outstanding athletic performance and 2013 state championship.
WHEREAS, the student athletes of Sioux Falls Washington High School have demonstrated
great patience, dedication, and tenacity in their championship win, completing their season with
an outstanding, no loss record of 18-0; and
WHEREAS, the 2013 Washington High School Girls Bowling Team including Rachel
Tunender, Ashley Thorne, Brianna Stafford, Caitlin Beacom, Nicole Thill, and Mauria Elfring,
worked together to facilitate physical, mental, and emotional growth and developed great team
unity; and
WHEREAS, all members of the Washington High School Girls Bowling Team, including
the student athletes, coach Dave Tunender, parents, and fans, have volunteered their time and
unique talents for the betterment of the Washington High School athletic effort:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the 2013 Sioux Falls Washington High School Girls State
Championship Bowling Team is celebrated and congratulated on its outstanding athletic
performance.
HC 1041 Introduced by: Representatives Feinstein, Ecklund, Haggar (Don), Haggar
(Jenna), Hajek, Kirschman, Langer, Mickelson, and Soli and Senators Buhl O'Donnell, Rave,
and Soholt
A LEGISLATIVE COMMEMORATION, Honoring Nathan Gerry, Jonah Warwick, Christian
Parker, and Michaela Mayer from Washington High School for their first place finishes at
the 2013 Boys and Girls State Class AA Track Meet.
WHEREAS, Nathan Gerry took first place in the 100 meter dash and the 200 meter dash
with the times of 10.69 and 23.20 seconds respectively and in doing so demonstrated talent and
hard work; and
WHEREAS, Jonah Warwick showed outstanding dedication and superior spirit as he won
first place in the 800 meter run with a time of 1.54.30; and
WHEREAS, Christian Parker showed outstanding spirit and great success on his high jump
state title which he won with a jump of six feet seven inches; and
WHEREAS, Michaela Mayer took first place in the shot put with a throw of forty-four feet
four inches and in doing so demonstrated strength and hard work:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature honors Nathan Gerry, Jonah Warwick, Christian
Parker, and Michaela Mayer from Washington High School for their first place finishes in the
2013 Boys and Girls State Class AA Track Meet and for their outstanding 2013 track season.
HC 1042 Introduced by: Representatives Duvall and Rounds and Senator Monroe
A LEGISLATIVE COMMEMORATION, Congratulating and honoring the 2014 South Dakota
First Tech Challenge (FTC) Robotics Team "Loading.".
WHEREAS, The FTC is a part of the South Dakota Robotics Association (SDRA) which
was organized to teach robotics and engineering classes and allows South Dakota to be an
official FIRST region; and
WHEREAS, students that participate in FTC show a greater interest in science, technology,
computers, robots, and problem solving. Students who participate in this "Sport for the Mind"
learn thinking skills, problem solving skills, work-place related skills, and research skills; and
WHEREAS, the South Dakota FTC Team "Loading." competed in the qualifying
tournament in Lincoln, Nebraska, on February 1, 2014, and placed third in the field competition
and won the Think Award; and
WHEREAS, the South Dakota FTC Team "Loading." competed in the championship
tournament in Casper, Wyoming, on February 15, 2014, and were part of the second place
alliance in the field competition finals and won the First Place Inspire Award; and
WHEREAS, the South Dakota FTC Team "Loading." has earned a spot at the
super-regional competition to be held in Sacramento, California, March 20-22, 2014; and
WHEREAS, the South Dakota FTC Team "Loading." is the first South Dakota team to
ever win at a FTC Robotics regional competition and compete at a super-regional competition:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature honors the 2014 South Dakota FTC Team
"Loading." team members Matthew Darnall, Haley Ketteler, Seth Snyder, Zayn Snyder, Austin
Lentsch, Samuel Ryckman, and Nathan Remmich, and coaches Scott Darnall and Nancy
Ketteler and their great achievement in winning the top place in the championship tournament
in Casper, Wyoming, and being selected to compete in the super-regional competition in
Sacramento, California, on March 20-22, 2014.
HC 1043 Introduced by: Representatives Heinemann (Leslie), Conzet, Gibson, Greenfield,
Haggar (Jenna), Hickey, Kaiser, Langer, Latterell, Lust, Magstadt, Olson (Betty), Stalzer,
Westra, and Wick and Senator Maher
A LEGISLATIVE COMMEMORATION, Commending Mabel Dubbelde Heinemann on her
100th birthday.
WHEREAS, Mabel Dubbelde Heinemann was born in Valley Springs, South Dakota on
March 10, 1914, to Pieter Dubbelde and Minnie Schruers Dubbelde and was the fourth of nine
children. Her father immigrated to the United States when he was sixteen from the Netherlands,
so Mabel is a first generation American; and
WHEREAS, Mabel married Ralph Heinemann in 1931. Together they had seven children,
the youngest of whom is Representative Leslie Heinemann. All of the children were raised in
Moody County; and
WHEREAS, Mabel is a loving and devoted mother, wife, grandmother, great grandmother,
and great great grandmother and truly exemplifies the spirit of South Dakota:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature honors Mabel Heinemann on turning 100.
HC 1044 Introduced by: Representatives Feinstein, Kirschman, Mickelson, and Westra and
Senators Buhl O'Donnell, Heineman (Phyllis), and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring National Merit
Semifinalists Hannah Asfelt, Sean Calhoun, Pranam Dey, Shelley Feng, Colten Fisher, and
Jeremy Mettler of Sioux Falls Lincoln High School for their outstanding academic
achievements.
WHEREAS, the National Merit Scholarship Program is an academic competition for
recognition and scholarships that began in 1955; and
WHEREAS, students Hannah Asfelt, Sean Calhoun, Pranam Dey, Shelley Feng, Colten
Fisher, and Jeremy Mettler of Lincoln High School have shown exemplary patience, dedication,
and excellence in academics; and
WHEREAS, all members of Lincoln High School helped facilitate and cultivate the
academic, mental, and emotional growth and development of these students; and
WHEREAS, all the Semifinalists received letters of commendation in recognition of their
outstanding academic promise and are AP scholars as well as participants in numerous
organizations and community activities; and
WHEREAS, these students have excelled academically by meeting high academic standards
and have been selected from one and one-half million other entrants to advance to Semifinalist
status, whereby they join an elite group representing that nation's best and brightest high school
students:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that Hannah Asfelt, Sean Calhoun, Pranam Dey, Shelley Feng, Colten
Fisher, and Jeremy Mettler be congratulated on the success of their exceptional academic
performances.
HC 1045 Introduced by: Representatives Feinstein, Kirschman, Mickelson, and Westra and
Senators Buhl O'Donnell, Heineman (Phyllis), and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2013 Lincoln High
School State Tennis Tournament Flight Three Individual Champion Austin Noldner and
the Flight Two Doubles Champions Austin Noldner and Brent Heflin for their outstanding
athletic performances.
WHEREAS, Austin Noldner demonstrated great skill in winning his Flight Three Singles
Tennis Championship with scores of 4-6, 6-3, and 6-4; and
WHEREAS, Austin Noldner and Brent Heflin have shown exemplary patience, dedication,
teamwork and immense skill in winning their State Tennis Tournament Flight Two Doubles
Match with scores of 6-1, 4-6, and 6-3; and
WHEREAS, Austin Noldner, Brent Heflin, coaches, parents, and fans have volunteered their
time and unique talents for the betterment of the 2013 Lincoln High School Boys Tennis Team:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that Austin Noldner and Brent Heflin are commended and honored for
their outstanding athletic performances.
HC 1046 Introduced by: Representatives Feinstein, Kirschman, and Mickelson and
Senators Buhl O'Donnell, Heineman (Phyllis), and Soholt
A LEGISLATIVE COMMEMORATION, Congratulating and commending the Lincoln High
School Football Team for winning the 2013 State AAA Football Championship.
WHEREAS, the Lincoln High School Patriots remarkably won both the state and city
championship under the dedicated leadership of the coaching staff, volunteers, and parents; and
WHEREAS, the Lincoln High School Football Team was held together by extraordinary
unity and team spirit throughout its undefeated 12-0 record football season; and
WHEREAS, the Lincoln High School Football Team gained a net total of 502 yards en route
to winning the championship 47-24; and
WHEREAS, all of the students, faculty, and parents demonstrated outstanding support and
sportsmanship during the quest to achieve the 2013 State AAA Football Championship:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Lincoln High School Football Team and its coaching staff are
congratulated and commended for their outstanding performance in 2013.
HC 1047 Introduced by: Representatives Feinstein, Kirschman, Mickelson, and Westra and
Senators Buhl O'Donnell, Heineman (Phyllis), and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring Tom Vining of Sioux
Falls Lincoln High School for winning the individual South Dakota 2013 Boys State AA
High School Golf Championship with his outstanding athletic performance.
WHEREAS, Tom Vining has shown exemplary patience, dedication, and tenacity in
winning his individual Boys State AA Golf Championship title at the Brandon Municipal Golf
Course; and
WHEREAS, Tom Vining demonstrated the physical, mental, and emotional strength needed
to win the one-hole playoff and shoot the scores of 68 and 74:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that Tom Vining is commended and honored on his outstanding athletic
performance and individual state championship win.
HC 1048 Introduced by: Representatives Feinstein, Kirschman, and Mickelson and
Senators Buhl O'Donnell, Heineman (Phyllis), and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2013 Girls AA
Lincoln High School Basketball Team for winning the State AA Girls Basketball
Championship.
WHEREAS, the student athletes of the Lincoln High School Girls Basketball Team trained
and worked hard during the 2013 season, resulting in a State AA Championship title; and
WHEREAS, the 2013 AA State Championship players are Sydney Miller, Anna Brecht,
Torrey Eirinberg, Allison Metzger, Izzy VanVeldhuizen, Lexi Hamiel, Natalie McConnell, Meg
Rector, Allie Schriever, Ellie Brecht, Sydney Rosinsky, Emilee Pierson, Maggie Shelton, and
Jill Ricke; and
WHEREAS, the team received excellent leadership and guidance from head coach Matt
Daly:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Lincoln High School Girls Basketball Team is honored for their
championship performance during the 2013 South Dakota State AA Girls High School
Basketball Tournament.
HC 1049 Introduced by: Representatives Feinstein, Kirschman, and Mickelson and
Senators Buhl O'Donnell, Heineman (Phyllis), and Soholt
A LEGISLATIVE COMMEMORATION, Commending and honoring the 2013 Boys Cross
Country State Class AA Champions of Sioux Falls Lincoln High School for their
outstanding athletic performance.
WHEREAS, Will Lauer, Free Bump, Nathan Schroeder, Deux Selzer, Gabe Peters, Tyler
and Dobson, and Anders Rasmussen have shown exemplary patience, dedication, and tenacity
in combining their talents to secure the State Class AA Cross Country Championship; and
WHEREAS, the Sioux Falls Lincoln High School Boys Cross Country Team won its second
straight State Title with a score of 32, the lowest point total since 1976; and
WHEREAS, all seven runners placed in the top twenty; and
WHEREAS, the coaching staff helped facilitate and cultivate the physical, mental, and
emotional growth and development of the students athletes:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature congratulates the Sioux Falls Lincoln High School
Boys Cross Country Team on its outstanding athletic performance.
HC 1050 Introduced by: Representatives Parsley, Bartling, Bolin, Cammack, Campbell,
Conzet, Craig, Ecklund, Feickert, Feinstein, Gibson, Hajek, Hawks, Hawley, Heinemann
(Leslie), Heinert, Hunhoff (Bernie), Kirschman, Latterell, Magstadt, May, Nelson, Olson
(Betty), Peterson, Rasmussen, Ring, Rounds, Rozum, Schoenfish, Schrempp, Soli, Tyler, and
Wismer and Senators Jones (Tom), Begalka, Buhl O'Donnell, Frerichs, Holien, Jones (Chuck),
Lucas, Tidemann, Tieszen, Vehle, and Welke
A LEGISLATIVE COMMEMORATION, Honoring the Madison High School Boys Basketball
Team for its 2013 Boys State A Basketball Championship.
WHEREAS, the Madison Bulldogs Boys Basketball Team finished the season with a 24-2
overall record; and
WHEREAS, the team, coached by head coach Michael Ricke, and assistant coaches Ross
Huska and Mike Materese, demonstrated incredible discipline and athletic talent with their
impressive winning record; and
WHEREAS, the players on the team, Preston Nordling, Braxton Olson, Trae VandeBerg,
Eli Roemen, Tayler Anderson, Jack Herke-Dennert, Jesse Brown, Jacob Leighton, Rush Milne,
Tyler Wiebe, Jacob Ricke, Bradyn Steffan, Jacob Giles, Mason Sullivan, and Jordan
Unterbrunner, showed great team work and sportsmanship in their season; and
WHEREAS, the Bulldogs secured the championship with a win over the Tea Area Titans
in a 54-49 victory:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the 2013 Madison Bulldogs Boys State A Basketball Team be
honored for their outstanding 2013 season, and State A Championship.
HC 1051 Introduced by: Representatives Hawks, Feinstein, and Hickey and Senators
Peters, Buhl O'Donnell, and Welke
A LEGISLATIVE COMMEMORATION, Commending and honoring the West Central High
School Band for its accomplishments.
WHEREAS, the West Central High School Band, conducted by Daniel Eye, has performed
and competed at an outstanding level; and
WHEREAS, the West Central High School Band recognized three All State Band members
and earned a superior rating at Large Band contest; and
WHEREAS, the West Central High School Band won first place at the Worthington
Marching Band Competition, sweeping Captions and taking the People's Choice award; and
WHEREAS, the West Central High School Band won first place at the Luverne Marching
Band Parade; and
WHEREAS, the West Central High School Band won the People's Choice award at the
Festival of Bands in Sioux Falls:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the West Central High School Band and its members are
commended and honored for their dedication to musical education excellence.
HC 1052 Introduced by: Representatives Hawks, Feinstein, and Hickey and Senators
Peters, Buhl O'Donnell, and Welke
A LEGISLATIVE COMMEMORATION, Commending and honoring the West Central High
School FFA chapter.
WHEREAS, the West Central FFA chapter, advised by Linda Petersen, has exhibited
exemplary citizenship and leadership in agriculture; and
WHEREAS, the West Central FFA Ag Issues team, including Maty Skinner, Anthony
Lueth, Taylor Bergeson, Jared Blume, Dean Knuth, Rachel Schartz, and Sarah Waldner,
competed at the National FFA Convention; and
WHEREAS, the West Central FFA Ag Communications team, including Rachel
Kapperman, Kaitlyn Schmeichel, and Cassie Wilebski competed at the National FFA
Convention:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the West Central High School FFA chapter and its members are
commended and honored for their work in agricultural leadership.
HC 1053 Introduced by: Representatives Gibson, Bartling, Cronin, Hunhoff (Bernie), Lust,
Parsley, Peterson, and Tyler and Senators Sutton, Buhl O'Donnell, Frerichs, and Lucas
A LEGISLATIVE COMMEMORATION, Congratulating and recognizing the football team
from Arlington High School for their runner-up finish in the 2013 Class 9AA Football
Playoffs.
WHEREAS, Coach Steve Gilbertson was named the Region Coach of the Year for football
and showed outstanding dedication to the team's success; and
WHEREAS, multiple individuals on the team won awards for their accomplishments,
including DVC All Conference: Andrew King, Brody Gilbertson, Kyle Stegeman, and Luke
Weber; Honorable Mention: Tomas Toucedo and Tanner Lemme; 9AA All-State: Andrew
King-QB, Kyle Stegeman-Offensive Guard, Brody Gilbertson-Defensive Tackle, Luke
Weber-Special teams player; and Argus Leader Elite 45 Team: Andrew King; and
WHEREAS, the overall record in 2013 for the Cardinals was 10 wins and 2 losses, and they
played valiantly against the Bridgewater/Emery/Ethan Seahawks in the playoffs:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the South Dakota Legislature commends the Arlington Cardinals
football team for their runner-up finish in the 2013 Class 9AA Football Playoffs.
HC 1054 Introduced by: Representatives Gibson, Bartling, Cronin, Hunhoff (Bernie), Lust,
Parsley, Peterson, and Tyler and Senators Buhl O'Donnell and Lucas
A LEGISLATIVE COMMEMORATION, Congratulating and recognizing Anita Boeck from
Arlington High School as the Region 3 volleyball coach of the year.
WHEREAS, Anita Boeck was recognized in October 2013 for coaching her six hundredth
career win in volleyball as an Arlington Cardinal; and
WHEREAS, Anita was also chosen in January 2014 as the volleyball Region 3 coach of the
year; and
WHEREAS, Anita Boeck has shown incredible effort and dedication in keeping her team
strong and focused, which allowed the Arlington Cardinals to complete the 2013 season with
a record of twenty-three wins and only two losses:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature commends and applauds Anita Boeck for her coach
of the year award.
HC 1055 Introduced by: Representatives Rounds and Duvall and Senator Monroe
A LEGISLATIVE COMMEMORATION, Commending and honoring St. Joseph Elementary
School in Pierre, South Dakota, for receiving the National Blue Ribbon Award.
WHEREAS, the United States Department of Education grants the National Blue Ribbon
Award to public and private elementary, middle, and high schools where students perform at
very high levels or where significant improvements are being made in the students' level of
achievement; and
WHEREAS, St. Joseph Elementary School in Pierre is one of four schools in the state of
South Dakota and is among two hundred eighty-six nationwide winners, to receive the award
in 2013; and
WHEREAS, St. Joseph Elementary School and the South Dakota schools that received this
award are examples of exemplary schools within South Dakota:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature commends and honors St. Joseph Elementary School
staff, students, and families for their efforts and praises them for receiving such a distinguished
award.
HC 1056 Introduced by: Representatives Hunhoff (Bernie), Bolin, Cammack, Campbell,
Conzet, Craig, Dryden, Ecklund, Feickert, Feinstein, Gibson, Haggar (Don), Hajek, Hawks,
Hawley, Heinemann (Leslie), Heinert, Hickey, Hoffman, Johns, Killer, Kirschman, Kopp,
Langer, Magstadt, May, Mickelson, Munsterman, Nelson, Olson (Betty), Otten (Herman),
Parsley, Peterson, Qualm, Rasmussen, Ring, Romkema, Rozum, Russell, Schoenfish,
Schrempp, Sly, Soli, Solum, Stalzer, Stevens, Tulson, Tyler, Verchio, Werner, Westra, Wick,
Wink, and Wismer
A LEGISLATIVE COMMEMORATION, Recognizing the commemoration of the 25th
anniversary of the location filming of Dances With Wolves in South Dakota.
WHEREAS, Kevin Costner's TIG Productions film crew, in collaboration with the South
Dakota Tourism Office and Film Commission, conducted the location filming of the award
winning feature film entitled, Dances With Wolves, in South Dakota during the summer and fall
of 1989; and
WHEREAS, through months of cooperative preparation and location work with the South
Dakota Tourism's Film Commission, the Chambers of Commerce of the Pierre area and Rapid
City, and the assistance of many individual local crew members, many tribal members, business
owners, and land owners, the TIG Production Company was able to locate and film the exciting
and beautiful scenes of the buffalo, horses, wildlife, the wide open and beautiful skies of, in, and
around the sixteen various film location sites used in filming scenes appearing in
Dances With
Wolves; and
WHEREAS, the South Dakota public and
Dances With Wolves film lovers are invited and
welcome to join the South Dakota members of the
Dances With Wolves cast and crew alumni
and local business partners in their several commemoration and celebration activities of the 25
th
anniversary of the filming of the movie from June - November, 2014, near the original film
locations around Pierre, Fort Pierre, the Badlands, Spearfish Canyon, Vanocker Canyon, the
Belle Fourche River, and other sites and in the communities of Pierre, Fort Pierre, Wall, Rapid
City, Spearfish, and Sturgis, joined by historians and citizens from across the United States and
the world:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the South Dakota Legislature recognizes the local citizen efforts to
remember and commemorate the location filming experience of this great American movie and
to show our thanks to producer, director, and actor Kevin Costner and his film production crew
for sharing a wonderful view of the Lakota People, the buffalo, and the South Dakota landscape
through its worldwide viewing these past many years on the big screen, television screens, and
video screens with the many millions of people throughout the USA and around the world who
viewed and loved
Dances With Wolves. All are invited to join us as we relive and enjoy the
memories!
HC 1057 Introduced by: Representatives Rounds, Anderson, Bartling, Bolin, Cammack,
Campbell, Carson, Conzet, Craig, Cronin, Dryden, Duvall, Ecklund, Erickson, Feickert, Gibson,
Gosch, Greenfield, Haggar (Don), Haggar (Jenna), Hajek, Hawks, Hawley, Heinemann (Leslie),
Heinert, Hickey, Hoffman, Hunhoff (Bernie), Johns, Kaiser, Killer, Kirschman, Kopp, Langer,
Latterell, Lust, Magstadt, May, Mickelson, Munsterman, Nelson, Novstrup (David), Olson
(Betty), Otten (Herman), Parsley, Peterson, Qualm, Rasmussen, Ring, Romkema, Rozum,
Russell, Schaefer, Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Steele, Stevens, Tulson,
Tyler, Verchio, Werner, Westra, Wick, Wink, and Wismer and Senators Krebs, Brown, Buhl
O'Donnell, Curd, Ewing, Frerichs, Heineman (Phyllis), Holien, Hunhoff (Jean), Jensen, Jones
(Chuck), Kirkeby, Lederman, Lucas, Maher, Monroe, Novstrup (Al), Omdahl, Otten (Ernie),
Rave, Rhoden, Sutton, Tidemann, Tieszen, Van Gerpen, and Vehle
A LEGISLATIVE COMMEMORATION, Recognizing and honoring the American Association
of State Troopers 2013 Trooper of the Year recipient, Trooper Andrew Steen.
WHEREAS, Trooper Steen was awarded the Trooper of the Year award over twenty-four
other nominees from eighteen states; and
WHEREAS, Trooper Steen was nominated for the award because of his extreme courage
in a dangerous situation where he suffered a life-threatening injury protecting his fellow officers
and the citizens of South Dakota and for his resiliency and dedication during his recovery; and
WHEREAS, after recovering from his injuries, Trooper Steen showed his great character
and graciously donated a large portion of the financial assistance he had received to another law
enforcement family in need:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that Trooper Steen be recognized as the 2013 Trooper of the Year, and
that he be commended for his service and commitment to the people of South Dakota and to his
fellow officers.
HC 1058 Introduced by: Representatives Heinert, Bartling, Craig, Feickert, Feinstein,
Gibson, Hawks, Hawley, Hunhoff (Bernie), Killer, Kirschman, May, Olson (Betty), Parsley,
Peterson, Ring, Schrempp, Soli, Tyler, Verchio, Werner, and Wismer and Senators Sutton,
Frerichs, Jones (Tom), Kirkeby, Lucas, and Tieszen
A LEGISLATIVE COMMEMORATION, Honoring Sonyah Shae Clifford of Rockyford, South
Dakota, for her outstanding job representing Indian rodeo and being named Miss Indian
Rodeo 2013 at the Indian National Finals Rodeo.
WHEREAS, Sonyah Clifford of Rockyford, South Dakota, a student at Oglala Lakota
College, daughter of Misty Brave and Shane Clifford, and the sibling of Shaina, Bailey, Dale
Vocu, and Kansas Clifford, represented herself, her family, and her community with the utmost
grace and professionalism; and
WHEREAS, Sonyah Clifford's crowning as Miss Indian Rodeo 2013 was well deserved and
could not have gone to a better individual; and
WHEREAS, Sonyah Clifford participated in the Black Hills Stock Show, Range Days,
Black Hills Roundup, Fort McDowell Arizona Rodeo, Standoff Alberta Rodeo, Casey Tibbs
Bronc Match, and many other functions; and
WHEREAS, the success of the State of South Dakota, strength of our communities, and the
overall vitality of American society depend, in great measure, upon the dedication of young
people like Sonyah Clifford who use their considerable talents to represent others:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature congratulates Sonyah Clifford as Miss Indian Rodeo
2013 and for representing her community with the utmost poise, grace, and enthusiasm.
HC 1059 Introduced by: Representatives Westra and Mickelson and Senator Heineman
(Phyllis)
A LEGISLATIVE COMMEMORATION, Honoring and commending Shelby Specht of Sioux
Falls, South Dakota, for receiving a 2014 Prudential Spirit of Community Award.
WHEREAS, Shelby Specht, a student at Harrisburg Middle School, has achieved national
recognition for exemplary volunteer service by receiving a 2014 Prudential Spirit of Community
Award; and
WHEREAS, this prestigious award, presented by Prudential Financial in partnership with
the National Association of Secondary School Principals, honors young volunteers across
America who have demonstrated an extraordinary commitment to serving their communities;
and
WHEREAS, Shelby Specht earned this award by giving generously of her time and energy
to raise funds for the Children's Miracle Network by selling homemade candy bouquets through
her "Kandy for Kids" program; and
WHEREAS, the success of the State of South Dakota, the strength of our communities, and
the overall vitality of American society depend, in great measure, upon the dedication of young
people like Shelby Specht who use their considerable talents and resources to serve others:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature hereby congratulates and honors Shelby Specht as
a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of
volunteer service, peer leadership and community spirit, and extends best wishes for her
continued success and happiness.
HC 1060 Introduced by: Representatives Hawks, Feinstein, and Hickey and Senators
Peters, Buhl O'Donnell, and Welke
A LEGISLATIVE COMMEMORATION, Commending the West Central High School Girls
Soccer Team for its 2013 State Soccer Championship.
WHEREAS, the West Central Trojans Girls Soccer Team, coached by Greg Anderson, Eric
Kurtz, and Ashley Nelson have won the championship three out of the last four years; and
WHEREAS, the West Central Trojans Girls Soccer Team formed a cohesive group with
contributions from all of its players in 2013, including Taylor Bergeson, Tracy Kelly, Madison
Monahan, Riley Riepma, Amanda Pennock, Sara Waldner, Syreeta Warrington, Mykah
Wiseman, Ashley Eickman, Bailey Meadors, Kendra Jacobs, Alyssa Anderson, Gillian Watkins,
Kamryn Lindskov, Mason Scharffenberg, Riley Hallman, Skylar Barbee, Olivia Becker, Hailee
Fischer, Rachel Ely, and Danica Hahn:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the West Central High School Girls Soccer Team is commended and
honored for winning the 2013 State Girls Soccer Championship.
HC 1061 Introduced by: Representatives Killer and May and Senator Lucas
A LEGISLATIVE COMMEMORATION, Honoring Gavin Brucklacher as the recipient of a
Prudential Spirit of Community Award for 2014.
WHEREAS, Gavin Brucklacher, an esteemed resident of Philip, South Dakota, and a
student at Philip High School, has achieved national recognition for exemplary volunteer service
by receiving a 2014 Prudential Spirit of Community Award; and
WHEREAS, this prestigious award, presented by Prudential Financial in partnership with
the National Association of Secondary School Principals, honors young volunteers across
America who have demonstrated an extraordinary commitment to serving their communities;
and
WHEREAS, Mr. Brucklacher earned this award by giving generously of his time and energy
to service in his community; and
WHEREAS, the success of the State of South Dakota, the strength of our communities, and
the overall vitality of American society depend, in great measure, upon the dedication of young
people like Mr. Brucklacher who use their considerable talents and resources to serve others:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature congratulates and honors Gavin Brucklacher as a
recipient of a Prudential Spirit of Community Award, recognizes his outstanding record of
volunteer service, peer leadership and community spirit, and extends best wishes for his
continued success and happiness.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:59 p.m. the House adjourned.
Arlene Kvislen, Chief Clerk