Printer FriendlyHouse of Representatives Journal 3/7/2011 02:00 PM
JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 7, 2011
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by House pages Janesa Bakeberg and Katie Wegleitner.
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 thirty-second 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,
Val Rausch, Chair
Which motion prevailed.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 86, which was reconsidered, and returns the same with the recommendation that said bill be
amended as follows:
86ja
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 61-5-24.1 be amended to read as follows:
61-5-24.1. Employers required by this title to pay contributions, except employers that
pursuant to chapter 61-5A reimburse the unemployment compensation trust fund for benefits
paid in lieu of contributions, shall also pay an employer's investment in South Dakota's future
fee, hereinafter "investment fee," on wages as defined by this title. The fee rate for employers
not eligible for experience rating, as defined in § 61-5-20.2, shall be seventy hundredths percent
through calendar year 2006 and fifty-five hundredths percent on and after January 1, 2007. If
an employer is eligible for experience rating, his the employer's reserve ratio shall be determined
pursuant to § 61-5-18.14 and his the employer's investment fee rate shall be the rate appearing
in column "A" on the same line on which his the employer's reserve ratio appears in column "B"
of the following rate schedules.
From January 1, 1993, to December 31, 2006, inclusive:
|
Column "A"
|
Column "B"
|
|
Investment Fee Rate
|
Reserve Ratio
|
|
0.70%
|
Less than 0.80%
|
|
0.60%
|
0.80% and Less than 1.00%
|
|
0.50%
|
1.00% and Less than 1.20%
|
|
0.40%
|
1.20% and Less than 1.30%
|
|
0.30%
|
1.30% and Less than 1.40%
|
|
0.20%
|
1.40% and Less than 1.50%
|
|
0.10%
|
1.50% and Less than 1.60%
|
|
0.00%
|
1.60% and Over
|
From January 1, 2007, to December 31, 2007, inclusive:
|
Column "A"
|
Column "B"
|
|
Investment Fee Rate
|
Reserve Ratio
|
|
0.60%
|
Less than 1.00%
|
|
0.50%
|
1.00% and Less than 1.20%
|
|
0.40%
|
1.20% and Less than 1.30%
|
|
0.30%
|
1.30% and Less than 1.40%
|
|
0.20%
|
1.40% and Less than 1.50%
|
|
0.10%
|
1.50% and Less than 1.60%
|
|
0.00%
|
1.60% and Over
|
From January 1, 2008, to December 31, 2008, inclusive:
|
Column "A"
|
Column "B"
|
|
Investment Fee Rate
|
Reserve Ratio
|
|
0.58%
|
Less than 1.00%
|
|
0.50%
|
1.00% and Less than 1.20%
|
|
0.40%
|
1.20% and Less than 1.30%
|
|
0.30%
|
1.30% and Less than 1.40%
|
|
0.20%
|
1.40% and Less than 1.50%
|
|
0.10%
|
1.50% and Less than 1.60%
|
|
0.00%
|
1.60% and Over
|
From January 1, 2009, to December 31, 2009, inclusive:
|
Column "A"
|
Column "B"
|
|
Investment Fee Rate
|
Reserve Ratio
|
|
0.56%
|
Less than 1.00%
|
|
0.50%
|
1.00% and Less than 1.20%
|
|
0.40%
|
1.20% and Less than 1.30%
|
|
0.30%
|
1.30% and Less than 1.40%
|
|
0.20%
|
1.40% and Less than 1.50%
|
|
0.10%
|
1.50% and Less than 1.60%
|
|
0.00%
|
1.60% and Over
|
Beginning From January 1, 2010
, to December 31, 2010, inclusive:
|
Column "A"
|
Column "B"
|
|
Investment Fee Rate
|
Reserve Ratio
|
|
0.55%
|
Less than 1.00%
|
|
0.50%
|
1.00% and Less than 1.20%
|
|
0.40%
|
1.20% and Less than 1.30%
|
|
0.30%
|
1.30% and Less than 1.40%
|
|
0.20%
|
1.40% and Less than 1.50%
|
|
0.10%
|
1.50% and Less than 1.60%
|
|
0.00%
|
1.60% and Over
|
Beginning January 1, 2011:
|
Column "A"
|
Column "B"
|
|
Investment Fee Rate
|
Reserve Ratio
|
|
0.53%
|
Less than 1.00%
|
|
0.50%
|
1.00% and Less than 1.20%
|
|
0.40%
|
1.20% and Less than 1.30%
|
|
0.30%
|
1.30% and Less than 1.40%
|
|
0.20%
|
1.40% and Less than 1.50%
|
|
0.10%
|
1.50% and Less than 1.60%
|
|
0.00%
|
1.60% and Over
|
The terms and conditions of this title which apply to the payment and collection of
contributions also apply to the payment and collection of the investment fee. Proceeds from the
investment fee shall be deposited in the clearing account of the unemployment compensation
fund for clearance only and may not become part of the fund. After clearance, the money
derived from such payments, less refunds made pursuant to the provisions of this title, shall be
deposited in the employer's investment in South Dakota's future special revenue fund as
provided for in § 61-5-24.2. Investment fee payments may not be credited to the employer's
experience rating account and may not be deducted in whole or in part by any employer from
the wages of individuals in its employ.
The investment fee rate may not be increased over the applicable 1987 investment fee rate
for any employer with a positive balance in his the employer's experience rating account on the
computation date, as established in rules promulgated by the secretary of labor pursuant to
chapter 1-26, for the current year and the year preceding the current year.
The investment rates provided in this section apply to and are retroactive to taxable wages
paid on and after January 1, 1993.
Section 2. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval."
86jta
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise the
investment fee rate for certain employers and to declare an emergency.".
On page 1, delete line 2.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 152 and returns the same with the recommendation that said bill be amended as follows:
152fh
On page 1, line 9, of the Senate engrossed bill, delete "2012" and insert "2013".
On page 2, line 2, delete "$4,494.28" and insert "$4,389.95".
On page 3, line 13, delete "forty-seven" and insert "thirty-eight".
152ftd
On page 1, line 1, of the Senate engrossed bill, delete everything after "to" and insert
"revise certain provisions concerning state aid to education, to revise and provide for the
adjustment of the per student allocation for the state aid to general education formula, and to
revise certain property tax levies for the general fund of a school district.".
On page 1, delete lines 2 and 3.
And that as so amended said bill do pass.
Respectfully submitted,
Dean Wink, Chair
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 196 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 3, which was reconsidered, and returns the same with the recommendation that said bill be
amended as follows:
3fd
On the Senate engrossed bill, delete everything after the enacting clause and insert:
" Section 1. That § 1-6-3.1 be amended to read as follows:
1-6-3.1. No person may reproduce, duplicate, or otherwise use the official seal of the State
of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2, or the state
commemorative medallion design or the state bullion piece design adopted by the commissioner
of administration for any for-profit, commercial purpose without specific authorization from the
commissioner of the Bureau of Administration secretary of state. A violation of this section is
a Class 1 misdemeanor.
Section 2. That § 1-6-3.2 be amended to read as follows:
1-6-3.2. No person may sell or offer for sale a replica or facsimile of the official seal of the
State of South Dakota, adopted and described in §§ 1-6-1 and 1-6-2, or the state commemorative
medallion design or the state bullion piece design adopted by the commissioner of
administration without the specific authorization from the commissioner of the Bureau of
Administration secretary of state. A violation of this section is a Class 1 misdemeanor.
Section 3. That § 1-6-3.3 be amended to read as follows:
1-6-3.3. The Bureau of Administration secretary of state shall charge a royalty for the
privilege of using the state seal, the state commemorative medallion design, or the state bullion
piece design. The Bureau of Administration secretary of state may not charge a royalty if the
state seal, the state commemorative medallion design, or the state bullion piece design is used
for an educational purpose. The royalty fee collected for the use of the state commemorative
medallion design shall be deposited in the commemorative coin fund provided for in § 1-6-23.
All other royalty fees collected pursuant to this chapter shall be deposited in the state general
fund.
Section 4. That § 1-6-3.4 be repealed.
1-6-3.4. Notwithstanding the provisions of §§ 1-6-3.1 to 1-6-3.3, inclusive, the secretary of
state shall continue as the custodian of the state seal pursuant to § 1-8-2. "
3fta
On page 1, line 1, of the Senate engrossed bill, delete "use" and insert "administration".
And that as so amended said bill do pass and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 156 which was deferred to the 41st Legislative Day.
Respectfully submitted,
David Lust, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 178
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 172
which was deferred to the 41st Legislative Day.
Respectfully submitted,
Roger W. Hunt, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HB 1033, 1062, and 1230 which have passed the Senate
without change.
Respectfully,
Trudy Evenstad, Secretary
MOTIONS AND RESOLUTIONS
Rep. Conzet moved that the House do concur in Senate amendments to HB 1174.
The question being on Rep. Conzet's motion that the House do concur in Senate
amendments to HB 1174.
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Iron Cloud III
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Steele moved that the Committee on State Affairs be instructed to deliver SB 156 to
the floor of the House, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
SECOND READING OF CONSENT CALENDAR ITEMS
SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
representations and warranties in insurance and annuity applications.
Was read the second time.
The question being "Shall SB 44 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum;
Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Excused:
Perry
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 102: FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the
assessment of property for school districts.
Was read the second time.
The question being "Shall SB 102 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum;
Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Excused:
Perry
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
Rep. Wink moved that SB 185, 190, and 188 be placed to follow SB 149 on today's
calendar.
Which motion prevailed.
SB 48: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
consumption of distilled spirits in public and to provide certain penalties for consumption of
alcoholic beverages.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 48 pass?"
And the roll being called:
Yeas 65, Nays 4, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Kirkeby;
Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Schrempp; Sigdestad;
Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Iron Cloud III; Killer; Rozum; Tornow
Excused:
Kloucek
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the
sales tax on food refund program.
Was read the second time.
The question being "Shall SB 191 pass as amended?"
And the roll being called:
Yeas 54, Nays 16, Excused 0, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke;
Kirkeby; Kirschman; Kopp; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum;
Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Blake; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hunhoff (Bernie); Iron Cloud
III; Jones; Killer; Kloucek; Liss; Lucas; Schrempp; Sigdestad
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7
sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition
interlock devices.
Was read the second time.
Rep. Gosch moved that SB 33 be amended as follows:
On page 1, line 14, of the House Judiciary Committee engrossed bill, delete "and" and
insert "or".
Which motion prevailed.
The question being "Shall SB 33 pass as amended?"
And the roll being called:
Yeas 66, Nays 4, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly;
Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Boomgarden; Killer; Lucas; Schrempp
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes
against minors be suppressed under certain conditions.
Was read the second time.
The question being "Shall SB 173 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 99: FOR AN ACT ENTITLED, An Act to revise the provisions that determine the
amount of the motor vehicle registration fees that shall be applied based on the age of the
vehicles.
Was read the second time.
The question being "Shall SB 99 pass?"
And the roll being called:
Yeas 41, Nays 29, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Dryden; Fargen; Feinstein;
Gibson; Greenfield; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Jones; Killer; Kirkeby;
Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer;
Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Vanneman; White;
Willadsen; Wismer
Nays:
Conzet; Deelstra; Dennert; Elliott; Feickert; Gosch; Haggar; Hansen (Jon); Hubbel; Iron Cloud
III; Jensen; Juhnke; Kirschman; Kloucek; Kopp; Liss; Lucas; Miller; Nelson (Stace); Olson
(Betty); Russell; Schrempp; Tornow; Van Gerpen; Venner; Verchio; Wick; Wink; Speaker
Rausch
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost.
SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime
of taking pictures without consent and to provide for a felony penalty under certain
circumstances.
Was read the second time.
Rep. Tornow moved that SB 35 be amended as follows:
On page 1, line 10, of the House Judiciary Committee engrossed bill, after "person" insert
"or disseminate".
On page 1, line 13, delete "or disseminated" and insert ",".
Which motion prevailed.
The question being "Shall SB 35 pass as amended?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Nays:
Lucas
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. Tornow moved that the title to SB 35 be amended as follows:
On page 1, line 1, of the House Judiciary Committee engrossed bill, after "taking" insert
"or disseminating".
Which motion prevailed and the title was so amended.
SB 65: FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by
certain accrediting agencies other than the Department of Education to become members of the
South Dakota High School Activities Association.
Was read the second time.
The question being "Shall SB 65 pass as amended?"
And the roll being called:
Yeas 62, Nays 8, Excused 0, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel;
Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust;
Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
Nays:
Blake; Fargen; Feinstein; Gibson; Hunhoff (Bernie); Jones; Lucas; Schrempp
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.
Speaker Pro tempore Gosch now presiding.
SB 193: FOR AN ACT ENTITLED, An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.
Was read the second time.
The question being "Shall SB 193 pass as amended?"
And the roll being called:
Yeas 60, Nays 10, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman;
Kloucek; Liss; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson
(Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street;
Stricherz; Tornow; Tulson; Turbiville; Vanneman; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Nays:
Feinstein; Greenfield; Iron Cloud III; Kopp; Lucas; Miller; Steele; Van Gerpen; Venner;
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.
SB 194: FOR AN ACT ENTITLED, An Act to create a Wind Energy Competitive
Advisory Task Force and to provide for the appointment of the task force members.
Was read the second time.
Rep. Feinstein moved that SB 194 be amended as follows:
On page 2, line 10, of the printed bill, delete everything after "committee." .
On page 2, line 11, delete everything before "The" .
Which motion lost.
The question being "Shall SB 194 pass?"
And the roll being called:
Yeas 57, Nays 13, Excused 0, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt;
Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust;
Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz;
Tornow; Tulson; Turbiville; Vanneman; Venner; White; Wick; Willadsen; Wink; Speaker
Rausch
Nays:
Blake; Brunner; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Kopp; Liss; Miller; Russell; Van
Gerpen; 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.
SB 176: FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking,
to establish the elements and degrees of the crime, and to provide penalties for the violation
thereof.
Was read the second time.
Rep. Brunner moved that SB 176 be amended as follows:
On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 9 to 11, inclusive.
The Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Brunner's motion prevailed.
The question being "Shall SB 176 pass as amended?"
And the roll being called:
Yeas 67, Nays 3, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer
Nays:
Boomgarden; Gosch; Speaker Rausch
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 124: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to
construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an
emergency.
Was read the second time.
Rep. Wink moved that SB 124 be amended as follows:
On page 1 of the House Appropriations Committee engrossed bill, delete lines 10 to 12,
inclusive.
On page 2, delete lines 1 to 3, inclusive.
On page 2, delete lines 22 to 24, inclusive.
The Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Wink's motion lost.
The question being "Shall SB 124 pass as amended?"
And the roll being called:
Yeas 31, Nays 39, Excused 0, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Dennert; Dryden; Fargen; Feickert; Gibson;
Gosch; Hawley; Hunhoff (Bernie); Juhnke; Kirschman; Lucas; Lust; Magstadt; Novstrup
(David); Perry; Romkema; Rozum; Sigdestad; Solum; Street; Turbiville; White; Willadsen;
Wink; Wismer; Speaker Rausch
Nays:
Abdallah; Blake; Conzet; Deelstra; Elliott; Feinstein; Greenfield; Haggar; Hansen (Jon);
Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kloucek; Kopp;
Liss; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Russell; Schaefer; Schrempp;
Sly; Steele; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio; Wick
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost.
Speaker Rausch now presiding.
SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions related to
distribution of funds to sparse school districts.
Was read the second time.
The question being "Shall SB 133 pass as amended?"
And the roll being called:
Yeas 37, Nays 33, Excused 0, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Haggar;
Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Juhnke; Kirkeby; Lust; Magstadt; Moser;
Munsterman; Novstrup (David); Perry; Romkema; Sly; Solum; Steele; Stricherz; Tornow;
Tulson; Turbiville; Vanneman; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Blake; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley;
Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek; Kopp; Liss;
Lucas; Miller; Nelson (Stace); Olson (Betty); Rozum; Russell; Schaefer; Schrempp; Sigdestad;
Street; Van Gerpen; Venner; 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.
SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school
district fund balances.
Was read the second time.
Rep. Lust moved that SB 200, 31, 136, 140, 149, 185, 190, and 188 be deferred to Tuesday,
March 8th, the 34th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 4.
COMMUNICATIONS AND PETITIONS
March 3, 2011
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 3, 2011, I approved House Bills 1002, 1045, 1057,
1081, 1092, 1094, 1096, 1099, 1133, and 1162, and the same have been deposited in the office
of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 156 and returns the same with the recommendation that said bill do NOT pass.
Respectfully submitted,
David Lust, Chair
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1034, 1053, 1104,
1149, 1179, and 1207 were delivered to his Excellency, the Governor, for his approval at
10:40 a.m., March 7, 2011.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1008, 1033, 1062, 1175, and 1230 and finds the same
correctly enrolled.
Respectfully submitted,
Val Rausch, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Russell
Olson, Nygaard, and Hundstad as a committee of three on the part of the Senate to meet with
a like committee on the part of the House to adjust the differences between the two houses on
HB 1248.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 77, 80, 109, and 151.
Respectfully,
Trudy Evenstad, Secretary
MOTIONS AND RESOLUTIONS
Rep. Russell moved that the Committee on State Affairs be instructed to deliver SB 88 to
the floor of the House, pursuant to Joint Rule 7-7.
A roll call vote was requested and supported.
The question being on Rep. Russell's motion that the Committee on State Affairs be
instructed to deliver SB 88 to the floor of the House, pursuant to Joint Rule 7-7.
And the roll being called:
Yeas 17, Nays 44, Excused 9, Absent 0
Yeas:
Greenfield; Haggar; Hansen (Jon); Hubbel; Jensen; Liss; Miller; Munsterman; Nelson (Stace);
Olson (Betty); Russell; Steele; Tornow; Tulson; Van Gerpen; Venner; Verchio
Nays:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Hawley; Hickey; Hoffman; Hunhoff
(Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kloucek; Lust; Magstadt; Moser;
Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Stricherz;
Turbiville; White; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Abdallah; Jones; Kirschman; Kopp; Lucas; Schrempp; Street; Vanneman; Wick
So the motion not having received an affirmative vote of one-third of the members-elect,
the Speaker declared the motion lost.
SIGNING OF BILLS
The Speaker publicly read the title to
HB 1008: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expend
higher education facilities funds to maintain and repair certain facilities occupied under capital
leases.
HB 1033: FOR AN ACT ENTITLED, An Act to provide for the registration and regulation
of appraisal management companies.
HB 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship
and Protective Proceedings Jurisdiction Act.
HB 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship
program.
HB 1230: FOR AN ACT ENTITLED, An Act to establish the large project development
fund, to provide for its administration, and to make an appropriation therefor.
SB 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from
snowmobiles.
SB 57: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain
employers and to declare an emergency.
SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to
a political action committee and to set a limit on contributions.
SB 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to
public records.
SB 114: FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate
maintenance action be restrained from making changes to insurance coverage.
SB 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail
license for certain malt beverage and wine dealers.
SB 158: FOR AN ACT ENTITLED, An Act to toll the Department of Environment and
Natural Resources administrative rules on underground injection control Class III wells and in
situ leach mining until the department obtains primary enforcement authority of the comparable
federal programs.
SB 187: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy
inspection fund.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1036 Introduced by: Representatives Feinstein, Deelstra, Hickey, Kirschman, and
Tornow and Senators Cutler and Peters
A LEGISLATIVE COMMEMORATION, Honoring and commemorating the Sioux Falls
Washington High School Girls Bowling Team on winning the 2011 State AA Girls Bowling
Championship title.
WHEREAS, on Friday, February 25, 2011, the Sioux Falls Washington Warriors Girls
Bowling Team won its third consecutive State AA Girls Bowling Championship title; and
WHEREAS, senior Sarah Clark was the captain of the Girls All Tournament Team with a
series score of 625; and
WHEREAS, members of the hard-working, dedicated State AA Girls Bowling
Championship Team are Jennifer Chapman Sarah Clark, Heather Melvin, Ashley Thorne,
Rachel Tunender, and Karissa Wahlert; and
WHEREAS, head coach Scott DeVries contributed to the team's success:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that the Sioux Falls Washington High School Girls Bowling Team be
honored and commemorated for winning the 2011 State AA Girls Bowling Championship title.
HC 1037 Introduced by: Representatives Blake, Abdallah, Deelstra, Elliott, Feinstein,
Gibson, Haggar, Hawley, Hubbel, Hunt, Kirschman, Liss, Sigdestad, Steele, Tornow, Wick, and
Willadsen and Senators Buhl, Cutler, Heineman, Krebs, Peters, and Schlekeway
A LEGISLATIVE COMMEMORATION, Commending and congratulating SaiSai Chen, a
junior at Lincoln High School in Sioux Falls, on her attainment of a perfect score on the
SAT Reasoning Test.
WHEREAS, the SAT Reasoning Test (formerly known as the Scholastic Aptitude Test) is
owned, published and developed by the College Board, and is the most widely used
standardized test for college admission; and
WHEREAS, the SAT Reasoning Test is taken each year by close to two million students,
and in 2010, only three hundred eighty-two of those students attained a perfect score of 2,400;
and
WHEREAS, SaiSai Chen, a junior at Lincoln High School in Sioux Falls, took the SAT
Reasoning Test in January 2011, and much to her surprise and delight, attained a perfect score
of 2,400; and
WHEREAS, SaiSai is an exemplary student in every way, and someone who is admired by
her teachers and fellow students alike for her hard work, outstanding academic achievement,
positive attitude, and humble demeanor; and
WHEREAS, SaiSai's extraordinary score on the SAT Reasoning Test has opened many
doors for her, and allows her to attend virtually any college of her choice to pursue a career in
the medical field, and to fulfill her dream of making a difference in the lives of many people:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that SaiSai Chen, a junior at Lincoln High School in Sioux Falls, be
commended and congratulated for her outstanding achievement in attaining a perfect score of
2,400 on the SAT Reasoning Test, and that SaiSai be wished every success and good fortune
in her future.
HC 1038 Introduced by: Representatives Blake, Abdallah, Deelstra, Elliott, Feinstein,
Gibson, Haggar, Hawley, Hubbel, Hunt, Kirschman, Liss, Steele, Tornow, Wick, and Willadsen
and Senators Buhl, Cutler, Heineman, Krebs, Peters, and Schlekeway
A LEGISLATIVE COMMEMORATION, Commending and congratulating Sioux Falls Lincoln
High School graduates, Renugan Raidoo and Sarah Swenson, on being named Rhodes
Scholars for 2011.
WHEREAS, the Rhodes Scholarship is an international postgraduate award for study at
England's Oxford University, and one of the world's most prestigious awards; and this is the first
time that more than one student from South Dakota has received the award in any year, let alone
the first time in any year that two students from the same South Dakota high school have
received the award; and
WHEREAS, Renugan Raidoo, who emigrated from South Africa with his family and plans
to pursue an advanced degree in social anthropology at Oxford, is currently a senior at the
University of Iowa, with majors in chemistry and anthropology; a Presidential Scholar; a
Goldwater Scholar; a leader in the University's global health initiative; and an active supporter
of Amnesty International and BplansForHumanity; and
WHEREAS, Sarah Swenson, who plans to study history and English at Oxford before going
to medical school, is currently a senior at the University of Oklahoma, with majors in zoology
and biomedical science; a junior member of Phi Beta Kappa; a multiple award winner for her
scholarship which ranges across biology, history of science, and literature; and an extensive
volunteer in hospitals, education, animal welfare, and for Haitian relief; and
WHEREAS, both of these outstanding Sioux Falls Lincoln High School graduates will enter
Oxford University in October 2011, where they will have an opportunity to study for two to
three years:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that Renugan Raidoo and Sarah Swenson be commended and
congratulated on being named Rhodes Scholars for 2011, and that they be wished every success
and good fortune, both while they study at Oxford and for their bright futures beyond Oxford.
HC 1039 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin,
Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III,
Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman, Novstrup
(David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen,
Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka, Bradford,
Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Kraus, Krebs,
Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave,
Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring SrA Blaine H. Reynolds
for his selection as the South Dakota Air National Guard Airman of the Year.
WHEREAS, SrA Blaine H. Reynolds, a student at the University of South Dakota and an
avid community service volunteer, decided to join the Air National Guard to serve his country;
and
WHEREAS, SrA Reynolds, a munitions systems journeyman with the 114
th Maintenance
Squadron, Sioux Falls, has served his country with honor, deploying for two hundred seventy
days to Operation Iraqi Freedom with the 332
nd Maintenance Group; and
WHEREAS, as noted by his South Dakota Air National Guard state supervisors and
commanders, SrA Reynolds is dedicated to duty and leadership and exemplifies the total
package of Air Force core values; and
WHEREAS, SrA Reynolds' performance is in keeping with the highest traditions established
by South Dakota's veterans and the United States Armed Forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that SrA Blaine H. Reynolds be congratulated and honored as a recipient
of the South Dakota Air National Guard Airman of the Year award, be recognized for his
outstanding service and outstanding representation of the State of South Dakota, and be
extended the best wishes for his continued success, happiness, and safety.
HC 1040 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin,
Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III,
Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman, Novstrup
(David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen,
Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka, Bradford,
Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean),
Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam,
Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring Tsgt Jason C. Mark for
his selection as the South Dakota Air National Guard Noncommissioned Officer of the
Year.
WHEREAS, Tsgt Jason C. Mark, a resident and avid volunteer in the Watertown area,
decided to join the Air National Guard to serve his country; and
WHEREAS, Tsgt Mark, a Fuels Compliance Section NCOIC for the 114
th FW LRS, Sioux
Falls, has served his country with honor, by dispensing over two million gallons of jet fuel,
contributing to 5,171 transactions, and supporting 1,786 sorties; and
WHEREAS, as noted by the South Dakota Air National Guard State Senior NCOs, Tsgt
Mark is a very accomplished NCO who has extended his military success and skills into his job
in the credit card industry; and
WHEREAS, Tsgt Mark's performance is in keeping with the highest traditions established
by South Dakota's veterans and the United States Armed Forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that Tsgt Jason C. Mark be congratulated and honored as a recipient of
the South Dakota Air National Guard Noncommissioned Officer of the Year award, be
recognized for his outstanding service and outstanding representation of the State of South
Dakota, and be extended the best wishes for his continued success, happiness, and safety.
HC 1041 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin,
Dennert, Dryden, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron
Cloud III, Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman,
Novstrup (David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van
Gerpen, Venner, White, Wick, Wink, and Wismer and Senators Johnston, Begalka, Bradford,
Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean),
Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam,
Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring MSgt Jonathan L.
Goehring for his selection as the South Dakota Air National Guard Senior
Noncommissioned Officer of the Year.
WHEREAS, MSgt Jonathan L. Goehring decided to join the Air National Guard to serve
his country and assisted in recruiting others to serve; and
WHEREAS, MSgt Goehring, a Recruiting Officer Supervisor for the 114
th FSS, Sioux Falls,
has served his country with honor and established outstanding recruiting policies, resulting in
the 2010 Winston P. Wilson Award and a one hundred one percent unit manning; and
WHEREAS, as noted by the South Dakota Air National Guard, MSgt Goehring is a very
accomplished Senior NCO who has extended his military success and skills into his private life
and has nobly contributed ample off-duty time to volunteer activities; and
WHEREAS, MSgt Goehring's performance is in keeping with the highest traditions
established by South Dakota's veterans and the United States Armed Forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that MSgt Jonathan L. Goehring be congratulated and honored as a
recipient of the South Dakota Air National Guard Senior Noncommissioned Officer of the Year
award, be recognized for his outstanding service and outstanding representation of the State of
South Dakota, and be extended the best wishes for his continued success, happiness, and safety.
HC 1042 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin,
Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III,
Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Munsterman, Novstrup
(David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van Gerpen,
Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka, Bradford,
Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean),
Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam,
Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring TSgt Thomas D.
Dummermuth for his selection as the South Dakota Air National Guard Honor Guard
Member of the Year.
WHEREAS, TSgt Thomas D. Dummermuth decided to join the Air National Guard to serve
his country and has served as an excellent and inspirational member of the color guard; and
WHEREAS, TSgt Dummermuth, an Aircraft Mechanic for the 114
th FW, Sioux Falls, has
served his country with honor, having participated in and led a number of color guards and
displaying and bearing of colors ceremonies at such important events as Honor Flight of South
Dakota, South Dakota Enlisted Conference, Night with Heroes at a local high school, an
Augustana College Football game, the President's Bowl, Military Appreciation Night at a Sioux
Falls Pheasants game, Veterans Memorial Park, and Armed Forces Day Parade of Flags; and
WHEREAS, as noted by the South Dakota Air National Guard, TSgt Dummermuth is a very
accomplished Honor Guard member who strives to continually improve his professional
effectiveness by enrolling in the Professional Military Education Correspondence Development
Course, the Senior Non-commissioned Officer Academy, and the Leadership Challenge
Program and has nobly contributed ample off-duty time to volunteer activities with his church
and philanthropic marathons; and
WHEREAS, TSgt Dummermuth's performance is in keeping with the highest traditions
established by South Dakota's veterans and the United States Armed Forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that TSgt Thomas D. Dummermuth be congratulated and honored as a
recipient of the South Dakota Air National Guard Honor Guard Member of the Year award, be
recognized for his outstanding service and outstanding representation of the State of South
Dakota, and be extended the best wishes for his continued success, happiness, and safety.
HC 1043 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Brunner, Cronin,
Dennert, Elliott, Feickert, Feinstein, Haggar, Hickey, Hoffman, Hubbel, Hunt, Iron Cloud III,
Jensen, Jones, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Moser, Munsterman,
Novstrup (David), Perry, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Van
Gerpen, Venner, White, Wick, Willadsen, Wink, and Wismer and Senators Johnston, Begalka,
Bradford, Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff
(Jean), Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters,
Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring MSgt Scott H. Leebens
for his selection as the South Dakota Air National Guard Outstanding First Sergeant of the
Year.
WHEREAS, MSgt Scott H. Leebens, a resident of Dell Rapids, decided to join the Air
National Guard to serve his country and has served as an inspirational mentor by fostering
camaraderie and a sense of belonging within his squadron; and
WHEREAS, MSgt Leebens, a First Sergeant for the 114
th Fighter Wing, Sioux Falls, has
served his country with honor, serving as First Sergeant in AEF, deploying to Iraq, and
maintaining a high state of morale and readiness for over three hundred airmen of the South
Dakota Air National Guard and over eighty Combat Search and Rescue personnel; and
WHEREAS, as noted by the South Dakota Air National Guard, MSgt Leebens is a very
accomplished First Sergeant who has extended his military success and skills into his private
life and has nobly contributed ample off duty time to volunteer activities with his local Boy
Scout troop and his church; and
WHEREAS, MSgt Leebens' performance is in keeping with the highest traditions
established by South Dakota's veterans and the United States Armed Forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that MSgt Scott H. Leebens be congratulated and honored as a recipient
of the South Dakota Air National Guard Outstanding First Sergeant of the Year award, be
recognized for his outstanding service and outstanding representation of the State of South
Dakota, and be extended the best wishes for his continued success, happiness, and safety.
HC 1044 Introduced by: Representatives Nelson (Stace), Abdallah, Blake, Bolin,
Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen,
Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey,
Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer,
Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman,
Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer,
Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van
Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators
Rave, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray,
Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs,
Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam,
Rampelberg, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring Sgt. Tanner Haines for
his selection as the South Dakota Army National Guard Noncommissioned Officer of the
Year (NCO) award.
WHEREAS, Sgt. Tanner Haines, a resident of Sioux Falls, decided in January of 2004 to
join the National Guard to serve his country; and
WHEREAS, Sgt. Haines, an assistant ammunition chief with Alpha Battery, 1/147th Field
Artillery, Aberdeen, has served his country with honor, deploying twice since joining, first
deploying with Charlie Battery, 1/147th Field Artillery, in 2005-2006, and more recently to
Kuwait with Alpha Battery, 1/147th Field Artillery, in 2009-2010; and
WHEREAS, as noted by the South Dakota Army National Guard State Command, Haines
is a very studied NCO who leads from the front; and
WHEREAS, Sgt. Haines' performance is in keeping with the highest traditions established
by South Dakota's veterans and the United States Armed Forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that Sgt. Tanner Haines be congratulated and honored as a recipient of
the South Dakota Army National Guard Noncommissioned Officer of the Year (NCO) award,
be recognized for his outstanding service and outstanding representation of the State of South
Dakota, and be extended the best wishes for his continued success, happiness, and safety.
HC 1045 Introduced by: Representatives Nelson (Stace), Abdallah, Blake, Bolin,
Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen,
Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey,
Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer,
Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman,
Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer,
Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van
Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators
Rave, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray,
Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs,
Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam,
Rampelberg, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring all the personnel of the
South Dakota Air National Guard's 114th Fighter Wing for their selection as the most
outstanding Air National Guard fighter unit in the nation.
WHEREAS, the 114
th Fighter Wing has achieved national recognition as the 2010 recipient
of the National Guard Bureau's Winston P. Wilson Trophy; and
WHEREAS, this prestigious trophy was awarded to the most outstanding Air National
Guard unit equipped with jet fighter or reconnaissance aircraft, the presentation was made by
Lt. Gen. Harry M. Wyatt III, the director for the Air National Guard, at the annual conference
of the National Guard Association of the United States in Austin, Texas; and
WHEREAS, the selection for this prestigious award provides strong affirmation by U.S. Air
Force leaders for their confidence in the contributions of the South Dakota Air National Guard
to our nation's defense; and
WHEREAS, the 114
th Fighter Wing's performance is keeping with the highest traditions of
the United States Armed Forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that all the personnel of the South Dakota Air National Guard's 114
th
Fighter Wing be congratulated and honored as a recipient of the National Guard Bureau's
Winston P. Wilson Trophy, be recognized for their outstanding service and readiness to
continually step into new missions, and be extended best wishes for their continued success,
happiness, and safety.
HC 1046 Introduced by: Representatives Nelson (Stace), Abdallah, Blake, Bolin,
Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen,
Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey,
Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer,
Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman,
Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer,
Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen,
Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Rave,
Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen
(Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs,
Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam,
Rampelberg, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle
A LEGISLATIVE COMMEMORATION, Commending and honoring Spc. Rob Buechler for
his selection as the South Dakota Army National Guard Soldier of the Year award.
WHEREAS, Spc. Rob Buechler, a resident and police officer of Yankton, decided two-and-a-half years ago to serve his country, earn extra money, and provide college money for his
daughter; and
WHEREAS, Spc. Buechler, a fire direction control specialist with Charlie Battery, 1/147th
Field Artillery, has served his country with honor, recently returning from a year-long
deployment to Kuwait with Charlie Battery, 1/147th Field Artillery; and
WHEREAS, Spc. Buechler's performance is in keeping with the highest traditions
established by South Dakota's Veterans and the United States Armed forces:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that Spc. Rob Buechler be congratulated and honored as a recipient of
the South Dakota Army National Guard Soldier of the Year award, be recognized for his
outstanding service and outstanding representation of the State of South Dakota, and be
extended the best wishes for his continued success, happiness, and safety.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
4:50 p.m. the House adjourned.
Karen Gerdes, Chief Clerk