2011 Session - House of Representatives Journals

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Courtney Storm and Isaiah Wonnenberg.

Roll Call: All members present except Reps. Munsterman and Schrempp who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-third 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.

COMMUNICATIONS AND PETITIONS

March 7, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 7, 2011, I approved House Bills 1007, 1041, 1051, 1058, 1070, 1114, 1118, 1119, 1247, and 1249, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF CONFERENCE COMMITTEES

Cc96A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 96 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 96 be amended as follows:

96ja

On page 5, between lines 15 and 16 of the House Local Government Committee engrossed bill, insert:

" Any document that does not conform to the requirements of subdivisions (1) to (6), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority.".

96td

On page 1, line 9, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

On page 2, line 12, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

On page 2, between lines 23 and 24, insert:

" Twenty percent of the recording fee collected pursuant to subdivisions 7-9-1(1), (3), and (4) shall be deposited in the county register of deeds technology expense relief fund created pursuant to section 8 of this Act.".

On page 5, after line 23 of the House Local Government Committee engrossed bill, insert:

" Section 8. There is established a county registers of deeds technology expense relief fund administered by the South Dakota Association of County Officials and the county registers of deeds technology expense relief board. Expenditures from the fund, including the cost to administer the program, shall be approved by the board.

Moneys in the county registers of deeds technology expense relief fund may not be considered state funds. The fund is a supplemental fund and may not be construed to diminish the duty of the county governing body to provide funding for all salaries, expenses, and personnel necessary in the performance of the duties of the office pursuant to chapter 7-9 and to comply with the requirements of §§ 7-7-9.1, 7-7-10.1, and 7-8-20.

Section 9. There is established a county technology expense relief board to consist of the county registers of deeds elected to the executive board of the South Dakota Association of County Officials. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.

Section 10. The board established in section 9 of this Act shall promulgate administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for policies to facilitate the administration and distributions associated with the county registers of deeds technology expense relief fund.

Section 11. The county register of deeds shall credit the fee deposited in the county registers of deeds technology expense relief fund pursuant to § 7-9-15 on or before the fifteenth day of the month following the collection of the recording fees.

Section 12. The fiscal year for the fund shall run July first to June thirtieth. Prior to July thirty-first, the board shall compute each county's share as provided in sections 13 of this Act. The board shall certify each county's share of the total fund and remit the share to the county auditor on or before the second Tuesday in August of each year.

Section 13. Each county shall receive from the county registers of deeds technology expense relief fund assessment the following portions of the fund:

AURORA	1.033 %
BEADLE	2.945 %
BENNETT	0.562 %
BON HOMME	1.247 %
BROOKINGS	3.034 %
BROWN	4.671 %
BRULE	1.078 %
BUFFALO	0.249 %
BUTTE	1.173 %
CAMPBELL	0.667 %
CHARLES MIX	1.621 %
CLARK	1.318 %
CLAY	1.487 %
CODINGTON	2.872 %
CORSON	0.971 %
CUSTER	0.773 %
DAVISON	2.399 %
DAY	1.740 %
DEUEL	1.063 %
DEWEY	0.636 %
DOUGLAS	0.811 %
EDMUNDS	1.193 %
FALL RIVER	1.035 %
FAULK	0.986 %
GRANT	1.822 %
GREGORY	1.276 %
HAAKON	0.871 %
HAMLIN	1.025 %
HAND	1.274 %
HANSON	0.758 %
HARDING	0.802 %
HUGHES	1.720 %
HUTCHINSON	1.724 %
HYDE	0.518 %
JACKSON	0.580 %
JERAULD	0.707 %
JONES	0.546 %
KINGSBURY	1.527 %
LAKE	1.703 %
LAWRENCE	1.825 %
LINCOLN	2.069 %
LYMAN	0.953 %
McCOOK	1.066 %
McPHERSON	1.026 %
MARSHALL	1.286 %
MEADE	2.055 %
MELLETTE	0.553 %
MINER	0.944 %
MINNEHAHA	10.463 %
MOODY	1.308 %
PENNINGTON	5.862 %
PERKINS	1.418 %
POTTER	0.878 %
ROBERTS	1.881 %
SANBORN	0.874 %
SHANNON	0.297 %
SPINK	2.164 %
STANLEY	0.594 %
SULLY	0.803 %
TODD	0.536 %
TRIPP	1.633 %
TURNER	1.705 %
UNION	1.605 %
WALWORTH	1.144 %
YANKTON	2.296 %
ZIEBACH	0.418 %

For purposes of this section, consolidated counties are considered as one county.

Section 14. On the second Tuesday in August of each year, the board shall disburse each county's share to the county auditor. At the approval of the county commissioners, the disbursement shall be used to obtain, maintain, and update technology and equipment used to provide services for the office of the register of deeds. The first disbursement of this fund may not occur before August 14, 2012.

Section 15. The county registers of deeds technology expense relief fund shall be audited annually by the appropriate auditing agency.

Section 16. The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of sections 8 to 17, inclusive, of this Act. The administration and expenditure of these funds shall be in accordance with the provisions of sections 8 to 17, inclusive, of this Act.

Section 17. If the county registers of deeds technology expense relief fund is discontinued, the board shall equally distribute the money in the fund to each county.".

96fta

On page 1, line 2, of the House Local Government Committee engrossed bill, after "deeds" insert "to designate a portion of the fees to a county registers of deeds technology expense relief fund, and to create a fund and board to distribute and administer the fees deposited in the fund".

Respectfully submitted,    Respectfully submitted,
Justin Cronin    Timothy Rave
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1067, 1079, 1087, 1130, 1145, 1148, 1154, 1219, 1221, 1228, 1231, 1232, 1234, 1240, 1242, and 1244 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1003, 1044, and 1208 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1255 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1184 was lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 9 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

SCR 9: A CONCURRENT RESOLUTION, Memorializing the Congress of the United States to balance the federal budget and hold itself to the same fiscal standards to which it expects its citizens to adhere.

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

Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Wednesday, March 9^th, the 35^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 86 as found on pages 632 to 635 of the House Journal; also

Appropriations on SB 152 as found on page 635 of the House Journal; also

State Affairs on SB 3 as found on pages 636 and 637 of the House Journal be adopted.

Which motion prevailed.

Rep. Kopp moved that the word NOT be stricken from the report of the Committee on State Affairs on SB 156 as found on page 650 of the House Journal and that the bill be placed on today's calendar.

The question being on Rep. Kopp's motion that the word NOT be stricken from the report of the Committee on State Affairs on SB 156 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 36, Nays 32, Excused 2, Absent 0

Yeas:
Brunner; Deelstra; Elliott; Gibson; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Russell; Schaefer; Sly; Steele; Tornow; Van Gerpen; Venner; Verchio; Wick; Willadsen; Wismer

Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Dennert; Dryden; Fargen; Feickert; Feinstein; Gosch; Hawley; Hunhoff (Bernie); Jones; Juhnke; Kirschman; Lucas; Perry; Romkema; Rozum; Sigdestad; Solum; Street; Stricherz; Tulson; Turbiville; Vanneman; White; Wink; Speaker Rausch

Excused:
Munsterman; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, and SB 156 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of the state seal.

Was read the second time.

The question being "Shall SB 3 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, 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; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; 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:
Kloucek

Excused:
Munsterman; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Wink moved that SB 185 be placed to follow SB 152 on today's calendar.

Which motion prevailed.

SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district fund balances.

Having had its second reading was up for consideration and final passage.

200cb

Rep. Brunner moved that SB 200 be amended as follows:

On page 4 of the House Education Committee engrossed bill, delete lines 1 to 3, inclusive, and insert:

"~~(8)~~(7) "General fund balance percentage," is a school district's general fund ~~balance~~ equity divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;".

Which motion prevailed.

200ra

Rep. Jon Hansen moved that SB 200 be further amended as follows:

On page 6, after line 3 of the House Education Committee engrossed bill, insert:

" Section 8. 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.".

Which motion prevailed.

The question being "Shall SB 200 pass as amended?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; 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; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Bolin; Dryden; Jones; Juhnke; Lucas; White

Excused:
Munsterman; Schrempp

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

The question being on the title.

200rta

Rep. Jon Hansen moved that the title to SB 200 be amended as follows:

On page 1, line 1, of the House Education Committee engrossed bill, after "balances" insert "and to declare an emergency".

Which motion prevailed and the title was so amended.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the expungement of arrest records.

Was read the second time.

Rep. Feinstein moved that SB 31 be placed to follow SB 156 on today's calendar.

Which motion lost.

Rep. Russell moved that SB 31 be laid on the table.

The question being on Rep. Russell's motion that SB 31 be laid on the table.

And the roll being called:

Yeas 34, Nays 34, Excused 2, Absent 0

Yeas:
Blake; Boomgarden; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Jensen; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Olson (Betty); Rozum; Russell; Schaefer; Sigdestad; Solum; Street; Stricherz; Tornow; Tulson; Venner; Verchio; Wismer

Nays:
Abdallah; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Hoffman; Hunt; Iron Cloud III; Juhnke; Kirkeby; Kopp; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Perry; Romkema; Sly; Steele; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Munsterman; Schrempp

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

31rg

Rep. Tornow moved that SB 31 be amended as follows:

On page 1 of the House Judiciary Committee engrossed bill, delete lines 4 to 14, inclusive, and insert:

" Section1. That § 23A-3-26 be repealed.

~~23A-3-26. Terms used in §§ 23A-3-27 to 23A-3-33, inclusive, mean:~~

(1) "Expungement," the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Expungement does not imply the physical destruction of records.

Section 2. That § 23A-3-27 be repealed.

23A-3-27. An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest after one year from the date of any arrest, if no accusatory instrument was filed, or at any time after an acquittal.

Section 3. That § 23A-3-28 be repealed.

23A-3-28. At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney may contest the motion in writing and at the hearing on the motion.

When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court's satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee.

Section 4. That § 23A-3-29 be repealed.

23A-3-29. The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper.

Section 5. That § 23A-3-30 be repealed.

23A-3-30. The court may enter an order of expungement if satisfied that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of the order.

Section 6. That § 23A-3-31 be repealed.

23A-3-31. Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing the defendant or arrested person for subsequent offenses.

As part of any order of expungement, the court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the defendant or arrested person's arrest, detention, indictment or information, trial, and disposition.

Section 7. That § 23A-3-32 be repealed.

23A-3-32. The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person's arrest or indictment or information. No person as to whom an order of expungement has been entered shall be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of the person's failure to recite or acknowledge the person's arrest, indictment or information, or trial in response to any inquiry made of the person for any purpose.

Section 8. That § 23A-3-33 be repealed.

~~23A-3-33. A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application.~~ ".

On page 2, delete lines 1 to 10, inclusive.

Which motion lost.

31rh

Rep. Feinstein moved that SB 31 be further amended as follows:

On page 1, line 11, of the House Judiciary Committee engrossed bill, delete "that".

On page 1, line 12, delete everything before "." and insert "did not result in a judgment of conviction".

On page 2, line 4, delete everything after "." .

On page 2, line 5, delete everything before "The" .

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

The Speaker declared Rep. Feinstein's motion lost.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 31 pass as amended?"

And the roll being called:

Yeas 34, Nays 34, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Hickey; Hoffman; Hunt; Juhnke; Kirkeby; Lust; Magstadt; Miller; Nelson (Stace); Novstrup (David); Perry; Romkema; Schaefer; Sly; Solum; Steele; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Wink; Speaker Rausch

Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hansen (Jon); Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Moser; Olson (Betty); Rozum; Russell; Sigdestad; Street; Stricherz; Tornow; Venner; Verchio; Willadsen; Wismer

Excused:
Munsterman; Schrempp

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

SB 136: FOR AN ACT ENTITLED, An Act to enhance certain provider services.

Was read the second time.

Rep. Cronin moved that SB 136 be laid on the table.

The question being on Rep. Cronin's motion that SB 136 be laid on the table.

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; 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:
Elliott; Hunhoff (Bernie); Sigdestad

Excused:
Munsterman; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 136 was tabled.

SB 140: FOR AN ACT ENTITLED, An Act to provide for access critical nursing facilities to ensure access to health care within a reasonable distance.

Was read the second time.

The question being "Shall SB 140 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; 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:
Greenfield; Hubbel

Excused:
Munsterman; 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.

SB 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with concussions resulting from participation in youth athletic activities.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 52, Nays 16, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Nelson (Stace); Novstrup (David); Perry; Rozum; Schaefer; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Van Gerpen; White; Wick; Willadsen; Wink; Wismer

Nays:
Gosch; Greenfield; Haggar; Hansen (Jon); Liss; Miller; Moser; Olson (Betty); Romkema; Russell; Steele; Turbiville; Vanneman; Venner; Verchio; Speaker Rausch

Excused:
Munsterman; 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.

SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2011.

Was read the second time.

Rep. Lust moved that SB 190 be placed to follow SB 156 on today's calendar.

Which motion prevailed.

SB 188: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility of National Guard members for certain graduate tuition reductions.

Having had its second reading was up for reconsideration and final passage.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 188 pass as amended?"

And the roll being called:

Yeas 32, Nays 36, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Haggar; Hoffman; Jones; Juhnke; Kirkeby; Lucas; Lust; Moser; Novstrup (David); Perry; Romkema; Rozum; Russell; Sly; Street; Turbiville; Van Gerpen; Vanneman; White; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Abdallah; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirschman; Kloucek; Kopp; Liss; Magstadt; Miller; Nelson (Stace); Olson (Betty); Schaefer; Sigdestad; Solum; Steele; Stricherz; Tornow; Tulson; Venner; Verchio; Wick

Excused:
Munsterman; Schrempp

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

SB 196: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the revolving economic development and initiative fund.

Was read the second time.

The question being "Shall SB 196 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; 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:
Hubbel

Excused:
Abdallah; Juhnke; Munsterman; 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 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the rights and duties of joint legal custodians.

Was read the second time.

The question being "Shall SB 178 pass as amended?"

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Moser; Nelson (Stace); Novstrup (David); Perry; Romkema; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Carson; Olson (Betty); Rozum; Russell; Tornow; Turbiville; Verchio; Wink

Excused:
Miller; Munsterman; 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.

SB 86: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain employers and to declare an emergency.

Was read the second time.

The question being "Shall SB 86 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; Moser; 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

Excused:
Miller; Munsterman; 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 152: FOR AN ACT ENTITLED, An Act to 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.

Was read the second time.

152ca

Rep. Feinstein moved that SB 152 be amended as follows:

On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

(4) "Per student allocation," for school fiscal year ~~2011~~ 2012 is $4,804.60. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;"

Rep. Cronin moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Feinstein's motion that SB 152 be amended.

And the roll being called:

Yeas 21, Nays 47, Excused 2, Absent 0

Yeas:
Blake; Brunner; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Sigdestad; Street; Wismer

Nays:
Abdallah; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Munsterman; Schrempp

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

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 152 pass as amended?"

And the roll being called:

Yeas 47, Nays 21, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Sigdestad; Street; Wick; Wismer

Excused:
Munsterman; 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.

SB 185: FOR AN ACT ENTITLED, An Act to revise and provide for the adjustment of the per student allocation for the state aid to general education formula.

Was read the second time.

Rep. Carson moved that SB 185 be laid on the table.

The question being on Rep. Carson's motion that SB 185 be laid on the table.

And the roll being called:

Yeas 57, Nays 7, Excused 6, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; 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; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Blake; Dennert; Elliott; Feickert; Feinstein; Gibson; Sigdestad

Excused:
Fargen; Munsterman; Olson (Betty); Russell; Schrempp; Verchio

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 185 was tabled.

SB 156: FOR AN ACT ENTITLED, An Act to prohibit the employment of unauthorized aliens, and to provide penalties therefor.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 156 pass as amended?"

And the roll being called:

Yeas 33, Nays 35, Excused 2, Absent 0

Yeas:
Boomgarden; Conzet; Deelstra; Gibson; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Iron Cloud III; Jensen; Kirkeby; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Nelson (Stace); Olson (Betty); Russell; Schaefer; Sly; Steele; Stricherz; Tornow; Van Gerpen; Venner; Verchio; Wick; Willadsen

Nays:
Abdallah; Blake; Bolin; Brunner; Carson; Cronin; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gosch; Hawley; Hunhoff (Bernie); Hunt; Jones; Juhnke; Killer; Kirschman; Lucas; Novstrup (David); Perry; Romkema; Rozum; Sigdestad; Solum; Street; Tulson; Turbiville; Vanneman; White; Wink; Wismer; Speaker Rausch

Excused:
Munsterman; Schrempp

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

Rep. Russell announced his intention to reconsider the vote by which SB 156 lost.

SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2011.

Having had its second reading was up for consideration and final passage.

Rep. Lust moved that the House do now recess until 5:30 p.m., which motion prevailed and at 5:14 p.m., the House recessed.

RECESS

The House reconvened at 5:30 p.m., the Speaker presiding.

190ua

Rep. Wink moved that SB 190 be amended as follows:

On page 3, between lines 1 and 2 of the Senate Appropriations Committee engrossed bill, insert:

" Operating Expenses, General Funds, delete $14,668,703" and insert "$14,858,459"."

On page 3, line 3, delete "$61,956,040" and insert "$61,976,163".

On page 3, between lines 3 and 4, insert:

" Operating Expenses, Other Funds, delete "$443,803" and insert "$447,110"."

On page 3, line 10, delete "$199,185,453" and insert "$197,347,132".

On page 3, between lines 10 and 11, insert:

" Operating Expenses, Federal Funds, delete "$494,597,028" and insert "$492,458,704"

Operating Expenses, Other Funds, delete "$2,851,425" and insert "$2,846,032"."

On page 3, line 17, delete "$23,153,414" and insert "$23,462,197".

On page 3, between lines 17 and 18, insert:

" Operating Expenses, Federal Funds, delete "$44,310,323" and insert "$44,602,333"

Operating Expenses, Other Funds, delete "$2,998,598" and insert "$3,000,684"."

On page 9, line 17, delete "$12,448,759" and insert "$12,705,830".

On page 9, between lines 17 and 18, insert:

" Operating Expenses, Federal Funds, delete $8,715,221" and insert "$9,095,411"."

On page 10, line 24, delete "$33,148,603" and insert "$34,177,349".

On page 10, after line 24, insert:

" Operating Expenses, Federal Funds, delete "$70,671,918" and insert "$72,089,465"."

On page 11, line 20, delete "$2,938,967" and insert "$2,961,276".

On page 11, between lines 20 and 21, insert:

" Operating Expenses, Federal Funds, delete $13,563,501" and insert "$13,591,955"."

On page 12, between lines 13 and 14, insert:

" Section 40. That section 19 of chapter 25 of the 2010 Session Laws be amended to read as follows:

UNIFIED JUDICIAL SYSTEM

(2) Unified Judicial System

Operating Expenses, General Funds, delete "$4,923,417" and insert "$4,955,073"."

Adjust all totals accordingly.

Which motion prevailed.

190ma

Rep. Perry moved that SB 190 be further amended as follows:

On page 5, between lines 5 and 6 of the Senate Appropriations Committee engrossed bill, insert:

" Operating Expenses, General Funds, delete "$7,405,478" and insert "$9,186,454".

Which motion lost.

The question being "Shall SB 190 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
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; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Russell

Excused:
Abdallah; Munsterman; 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.

Rep. Russell moved that the House do now reconsider the vote by which SB 156 lost.

The question being on Rep. Russell's motion to reconsider the vote by which SB 156 lost.

And the roll being called:

Yeas 22, Nays 45, Excused 3, Absent 0

Yeas:
Deelstra; Gibson; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Jensen; Kirkeby; Kloucek; Kopp; Liss; Miller; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Van Gerpen; Venner; Verchio; Wick

Nays:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gosch; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Juhnke; Killer; Kirschman; Lucas; Lust; Magstadt; Moser; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Vanneman; White; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Abdallah; Munsterman; Schrempp

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1040, 1069, 1085, 1155, 1157, 1173, 1180, 1215, 1217, and 1256 were delivered to his Excellency, the Governor, for his approval at 10:28 a.m., March 8, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1067, 1087, 1148, 1154, 1174, 1228, 1231, 1232, 1234, 1240, and 1244 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1067: FOR AN ACT ENTITLED, An Act to revise the lookback period for the enhancement of penalties for multiple assaults and violations of protection orders.

HB 1087: FOR AN ACT ENTITLED, An Act to address comprehensibly the liability relationship between a trespasser and a person with a possessory interest in land.

HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain seasonal employees and to declare an emergency.

HB 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes involving domestic violence to support domestic violence programs.

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses issued at the county fairgrounds.

HB 1228: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four technical institutes.

HB 1231: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to appropriate the proceeds to the revolving economic development and initiative fund, and to revise certain provisions relating to the sale of certain surplus property.

HB 1232: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to provide for the deposit of the proceeds, and to revise certain provisions relating to the sale of certain surplus property.

HB 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports to be made to the Board of Economic Development.

HB 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.

HB 1244: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state.

SB 68: FOR AN ACT ENTITLED, An Act to authorize investment of public funds in bonds issued by or direct obligations of certain political subdivisions or bonding authorities of the state.

SB 76: FOR AN ACT ENTITLED, An Act to exempt certain gift certificates and closed-loop prepaid cards from the unclaimed property provisions.

SB 130: FOR AN ACT ENTITLED, An Act to provide a procedure for the Secretary of State to conduct certain local elections when an emergency exists.

SB 132: FOR AN ACT ENTITLED, An Act to provide the right of first refusal to construct and own electric transmission lines to incumbent electric utilities.

SB 146: FOR AN ACT ENTITLED, An Act to require certain notice requirements for retailers that do not have nexus in South Dakota which are selling tangible personal property, services, or products transferred electronically for use in South Dakota.

SB 202: FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation Advisory Council.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1047 Introduced by: Representatives Nelson (Stace) and Hansen (Jon) and Senator Rave

A LEGISLATIVE COMMEMORATION, Commending and honoring Senior Master Sergeant Jimmy Weber, United States Air Force, a South Dakota native son, for his tireless efforts in supporting charitable causes in South Dakota, Nebraska, and within the armed forces, all the while serving on active duty in the service of our country.

WHEREAS, Senior Master Sergeant Jimmy Weber, is on active duty with the United States Air Force and is stationed at Offutt Air Force Base, Nebraska; and

WHEREAS, Senior Master Sergeant Jimmy Weber, is also a professional country western singer and musician; and

WHEREAS, Senior Master Sergeant Jimmy Weber has donated thousands of hours of his time to perform at numerous charity events for cancer victims and other charitable causes, often driving hundreds of miles throughout South Dakota and Nebraska to do so. Senior Master Sergeant Jimmy Weber also traveled to the Middle East, on several occasions, to perform with USO entertainment tours for our armed forces; and

WHEREAS, Senior Master Sergeant Jimmy Weber's on-duty and off-duty dedication to country, and love of fellow man, are in keeping with the highest traditions established by South Dakota veterans and the United States Armed Forces:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Senior Master Sergeant Jimmy Weber be commended and honored for his charitable services on behalf of those in need, and for his steadfast support of his fellow service members. The Eighty-sixth Legislature of the State of South Dakota is proud to commend Senior Master Sergeant Jimmy Weber for his outstanding service to our fellow man, our great country, and his exceptional representation of the State of South Dakota. Best wishes are extended for his continued success, happiness, and safety.

HC 1048 Introduced by: Representatives Brunner, Elliott, Haggar, Hunt, Jones, Killer, Lucas, Miller, Perry, Schaefer, Sly, Stricherz, Tulson, Vanneman, and Venner and Senators Garnos, Bradford, Gray, Kraus, Rave, and Schlekeway

A LEGISLATIVE COMMEMORATION, Endorsing the Read Across America program.

WHEREAS, the citizens of South Dakota stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

WHEREAS, the South Dakota Education Association has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well being and long-term quality of life; and

WHEREAS, NEA's Read Across America, a national celebration of Dr. Seuss's one hundred seventh birthday on March 2, 2011, promotes reading and adult involvement in the education of our community's students:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature enthusiastically endorses NEA's Read Across America and recommits our state to engage in programs and activities to make America's children the best readers in the world.

HC 1049 Introduced by: Representatives Sigdestad, Blake, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, 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, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Frerichs, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring the Webster Bearcats for winning the 2011 State B Wrestling Championship.

WHEREAS, head coach Wade Rausch and assistant coaches LeeRon Paszek and Cody Paszek were instrumental in the team's success; and

WHEREAS, members of the team and their respective weight classes are: Nolan Richie, 103; Tyler Wagner, 119; Spence Rausch, 125; Austin Grout, 130; Scott Schiley, 140; Bryce Sichmeller, 145; Corey Schlotte, 152; Jared McClurg, 160; Logan Storley, 171; Adam Wegleitner, 189; Chad Sjurson, 215; Dyllan Knutson, 285; Rob Wiley, 112; and Nathan Duerre, 135; and

WHEREAS, Nolan Richie and Logan Storley were state champion winners, and team members Bryce Sichmeller, Scott Schiley, and Tyler Wagner placed at the state tournament:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Webster Bearcat Wrestling Team be congratulated on its championship at the State B Wrestling Tournament.

HC 1050 Introduced by: Representatives Sigdestad, Abdallah, Blake, Bolin, Brunner, Carson, Conzet, Cronin, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Miller, Moser, Munsterman, Nelson (Stace), Olson (Betty), Romkema, Rozum, Russell, Schaefer, Schrempp, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, White, Wick, Wink, and Wismer and Senators Frerichs, Adelstein, Begalka, Bradford, Buhl, Cutler, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring and recognizing Logan Storley on his state wrestling championship for the Webster High School Bearcats.

WHEREAS, Logan made history by winning six state wrestling championships in his weight class, including the Class B Championship in the 171 pound weight class for 2011; and

WHEREAS, Logan's other state championships included the 103 pound weight class in 2006, the 119 pound weight class in 2007, the 152 pound weight class in 2008, and the 171 pound weight class in 2010; and

WHEREAS, Logan became just the second wrestler in South Dakota history to win six state titles, with an amazing record of two hundred sixty-two wins and three losses:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Logan Storley be honored and recognized for his outstanding performance in wrestling.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 6:04 p.m. the House adjourned.

Karen Gerdes, Chief Clerk