JOURNAL OF THE HOUSE

EIGHTY-EIGHTH SESSION




THIRTY-FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 6, 2013

    The House convened at 11:00 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor Ron Walker, followed by the Pledge of Allegiance led by House pages Megan Ford, Matt Halter, and Epiphany Knedler.

    Roll Call: All members present except Reps. Carson and Tulson 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-fourth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Brian G. Gosch, Chair

    Which motion prevailed.
REPORTS OF CONFERENCE COMMITTEES

Cc1214A

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1214 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments to HB 1214 and do not appoint a new committee.

Respectfully submitted,                    Respectfully submitted,
Jon Hansen                            Jean Hunhoff
House Committee Chair                    Senate Committee Chair

Cc147A

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 147 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 147 and do not appoint a new committee.

Respectfully submitted,                    Respectfully submitted,
David Lust                            Craig Tieszen
House Committee Chair                    Senate Committee Chair

Cc5A

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 5 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 5 be amended as follows:

5ck


    On page 5 of the House engrossed bill, delete lines 6 to 11, inclusive.

Respectfully submitted,                    Respectfully submitted,
Scott Munsterman                        Russell Olson
House Committee Chair                    Senate Committee Chair



MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1050, 1085, 1096, 1122, 1123, 1130, 1137, 1164, 1165, 1168, 1171, 1184, 1212, 1220, and 1239 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1030, 1033, 1060, and 1068 which have passed the Senate without change.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Lust moved that the House do concur in Senate amendments to HB 1045.

    The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1045.

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Nelson

    Excused:
Carson; Tulson


    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. Dryden moved that the House do concur in Senate amendments to HB 1098.

    The question being on Rep. Dryden's motion that the House do concur in Senate amendments to HB 1098.

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Russell

    Excused:
Carson; Tulson

    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. Ecklund moved that the House do concur in Senate amendments to HB 1233.

    The question being on Rep. Ecklund's motion that the House do concur in Senate amendments to HB 1233.

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Excused:
Carson; Tulson

    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. Ecklund moved that the House do concur in Senate amendments to HB 1234.

    The question being on Rep. Ecklund's motion that the House do concur in Senate amendments to HB 1234.

    And the roll being called:

    Yeas 66, Nays 2, Excused 2, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Schrempp; Verchio

    Excused:
Carson; Tulson

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


CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Stevens moved that the report of the Conference Committee on SB 39 as found on page 704 of the House Journal be adopted.

    The question being on Rep. Stevens' motion that the report of the Conference Committee on SB 39 be adopted.

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Excused:
Carson; Tulson

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

    Rep. Cronin moved that the House do now recess until 1:45 p.m., which motion prevailed and at 11:31 a.m., the House recessed.

RECESS

    The House reconvened at 1:45 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 4.


COMMUNICATIONS AND PETITIONS

March 6, 2013

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 6, 2013, I approved House Bills 1019, 1020, 1028, 1038, 1057, 1074, 1079, 1081, 1082, 1091, 1101, 1127, 1141, and 1158, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 6, 2013

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 6, 2013, I approved House Bills 1118 and 1180, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MOTIONS AND RESOLUTIONS

    Rep. Romkema moved that the House do concur in Senate amendments to HB 1050.

    The question being on Rep. Romkema's motion that the House do concur in Senate amendments to HB 1050.

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0


    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Nelson

    Excused:
Carson; Tulson

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

    Rep. Campbell moved that the House do concur in Senate amendments to HB 1085.

    The question being on Rep. Campbell's motion that the House do concur in Senate amendments to HB 1085.

    And the roll being called:

    Yeas 66, Nays 1, Excused 3, Absent 0

    Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Bolin

    Excused:
Carson; Lust; Tulson

    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.


    Speaker Pro tempore Wink now presiding.

    Rep. Gosch moved that the House do concur in Senate amendments to HB 1096.

    The question being on Rep. Gosch's motion that the House do concur in Senate amendments to HB 1096.

    And the roll being called:

    Yeas 59, Nays 9, Excused 2, Absent 0

    Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Bolin; Greenfield; Kaiser; Kopp; Nelson; Romkema; Russell; Steele; Verchio

    Excused:
Carson; Tulson

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

    Speaker Gosch now presiding.

    Rep. Nelson moved that the House do concur in Senate amendments to HB 1122.

    The question being on Rep. Nelson's motion that the House do concur in Senate amendments to HB 1122.

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0


    Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Bolin

    Excused:
Carson; Tulson

    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.

    There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 235 and has appointed Sens. Russell Olson, Rave, and Frerichs 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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 59 and 106.

Respectfully,
Jeannette Schipper, Secretary


ANNOUNCEMENTS

    The Speaker appointed Reps. Lust, Cronin, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 235.

MOTIONS AND RESOLUTIONS

    Rep. Olson moved that the House do not concur in Senate amendments to HB 1123 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    Which motion prevailed.

    Rep. Craig moved that the House do not concur in Senate amendments to HB 1130 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    Which motion prevailed.

    Rep. Cronin moved that the House do concur in Senate amendments to HB 1137.

    The question being on Rep. Cronin's motion that the House do concur in Senate amendments to HB 1137.

    And the roll being called:

    Yeas 65, Nays 3, Excused 2, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Feickert; Kopp; Russell


    Excused:
Carson; Tulson

    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. Lust moved that the House do concur in Senate amendments to HB 1164.

    The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1164.

    And the roll being called:

    Yeas 61, Nays 6, Excused 3, Absent 0

    Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Bolin; Kaiser; May; Nelson; Russell; Verchio

    Excused:
Carson; Mickelson; Tulson

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

    Rep. Lust moved that the House do concur in Senate amendments to HB 1165.

    The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1165.

    And the roll being called:

    Yeas 56, Nays 11, Excused 3, Absent 0


    Yeas:
Cammack; Conzet; Craig; Cronin; Dryden; Duvall; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Latterell; Lust; Magstadt; May; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Bartling; Bolin; Campbell; Ecklund; Hawley; Kaiser; Kirschman; Kopp; Nelson; Russell; Verchio

    Excused:
Carson; Mickelson; Tulson

    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. Olson moved that the House do concur in Senate amendments to HB 1168.

    The question being on Rep. Olson's motion that the House do concur in Senate amendments to HB 1168.

    And the roll being called:

    Yeas 63, Nays 5, Excused 2, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Cronin; Hansen; Johns; Nelson; Schrempp

    Excused:
Carson; Tulson

    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. Hickey moved that the House do concur in Senate amendments to HB 1171.

    The question being on Rep. Hickey's motion that the House do concur in Senate amendments to HB 1171.

    And the roll being called:

    Yeas 63, Nays 5, Excused 2, Absent 0

    Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; Mickelson; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Bolin; Greenfield; Hajek; May; Nelson

    Excused:
Carson; Tulson

    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. Romkema moved that the House do concur in Senate amendments to HB 1184.

    The question being on Rep. Romkema's motion that the House do concur in Senate amendments to HB 1184.

    And the roll being called:

    Yeas 62, Nays 6, Excused 2, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; Mickelson; Miller; Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Greenfield; Haggar (Jenna); Kaiser; May; Nelson; Olson (Betty)



    Excused:
Carson; Tulson

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

    Rep. Novstrup moved that the House do concur in Senate amendments to HB 1212.

    The question being on Rep. Novstrup's motion that the House do concur in Senate amendments to HB 1212.

    And the roll being called:

    Yeas 39, Nays 29, Excused 2, Absent 0

    Yeas:
Bartling; Cammack; Conzet; Cronin; Dryden; Ecklund; Feinstein; Gibson; Haggar (Jenna); Hajek; Hawley; Heinemann (Leslie); Hoffman; Hunhoff (Bernie); Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; Mickelson; Miller; Munsterman; Novstrup (David); Olson (Betty); Parsley; Ring; Romkema; Rozum; Schaefer; Soli; Solum; Steele; Stevens; Werner; Westra; Wink; Wismer; Speaker Gosch

    Nays:
Bolin; Campbell; Craig; Duvall; Erickson; Feickert; Greenfield; Haggar (Don); Hansen; Hawks; Heinert; Hickey; Johns; Kaiser; May; Nelson; Otten (Herman); Peterson; Qualm; Rasmussen; Rounds; Russell; Schoenfish; Schrempp; Sly; Stalzer; Tyler; Verchio; Wick

    Excused:
Carson; Tulson

    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. Rounds moved that the House do concur in Senate amendments to HB 1220.

    The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1220.

    And the roll being called:

    Yeas 61, Nays 6, Excused 3, Absent 0


    Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Werner; Westra; Wick; Wink; Speaker Gosch

    Nays:
Bolin; Feinstein; Nelson; Peterson; Verchio; Wismer

    Excused:
Carson; Romkema; Tulson

    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. Schoenfish moved that the House do not concur in Senate amendments to HB 1239 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker appointed Reps. Mickelson, Betty Olson, and Hawks as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1123.

    The Speaker appointed Reps. Craig, Miller, and Peterson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1130.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Hansen moved that the report of the Conference Committee on HB 1214 as found on page 756 of the House Journal be adopted.

    The question being on Rep. Hansen's motion that the report of the Conference Committee on HB 1214 be adopted.


    And the roll being called:

    Yeas 61, Nays 3, Excused 6, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Johns; Kaiser; Kirschman; Kopp; Latterell; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Ecklund; Killer; Schoenfish

    Excused:
Carson; Cronin; Hunhoff (Bernie); Lust; Romkema; Tulson

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

    Rep. Stevens moved that the report of the Conference Committee on SB 147 as found on page 756 of the House Journal be adopted.

    The question being on Rep. Stevens' motion that the report of the Conference Committee on SB 147 be adopted.

    And the roll being called:

    Yeas 62, Nays 3, Excused 5, Absent 0

    Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Johns; Killer; Kirschman; Kopp; Latterell; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Solum; Stalzer; Steele; Stevens; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Gibson; Kaiser; Soli

    Excused:
Carson; Cronin; Hunhoff (Bernie); Lust; Tulson


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

    Rep. Munsterman moved that the House do not adopt the report of the Conference Committee on SB 5 and that a committee be appointed.

    Rep. Parsley moved as a substitute motion that the report of the Conference Committee on SB 5 as found on page 756 of the House Journal be adopted.

    The question being on Rep. Parsley's substitute motion that the report of the Conference Committee on SB 5 be adopted.

    And the roll being called:

    Yeas 36, Nays 29, Excused 5, Absent 0

    Yeas:
Bartling; Erickson; Feickert; Feinstein; Gibson; Greenfield; Hawks; Hawley; Heinemann (Leslie); Heinert; Kaiser; Killer; Kirschman; Latterell; May; Miller; Novstrup (David); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Soli; Solum; Tyler; Verchio; Werner; Wick; Wismer; Speaker Gosch

    Nays:
Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hickey; Hoffman; Johns; Kopp; Magstadt; Mickelson; Munsterman; Nelson; Olson (Betty); Otten (Herman); Rozum; Sly; Stalzer; Steele; Stevens; Westra; Wink

    Excused:
Carson; Cronin; Hunhoff (Bernie); Lust; Tulson

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

    There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1048, 1056, 1058, 1120, 1170, 1209, and 1237 were delivered to his Excellency, the Governor, for his approval at 10:10 a.m., March 6, 2013.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1030, 1033, 1060, and 1068 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

MESSAGES FROM THE SENATE

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 39.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Hansen moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Thursday, March 7, the 36th legislative day.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker appointed Reps. Wick, Schoenfish, and Tyler as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1239.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1030: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to finance the construction of improvements in the state park system for the Department of Game, Fish and Parks and to declare an emergency.


    HB 1033: FOR AN ACT ENTITLED, An Act to authorize the Department of Social Services to dismantle, demolish, preserve, or rehabilitate buildings on the Human Services Center campus in Yankton, South Dakota, to make an appropriation therefor, and to declare an emergency.

    HB 1060: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2013.

    HB 1068: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the deferral of action by municipalities on committee reports.

    SB 34: FOR AN ACT ENTITLED, An Act to provide for the sale of the state's interests in certain real estate and improvements located at the Human Services Center campus.

    SB 44: FOR AN ACT ENTITLED, An Act to allow disqualification of commercial driver licenses for violations of federal, state, or local texting bans while driving a commercial vehicle to comply with federal regulations and requirements.

    SB 66: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions, to amend certain provisions to streamline and clarify, and to repeal certain obsolete and unnecessary provisions pertaining to the Real Estate Commission.

    SB 84: FOR AN ACT ENTITLED, An Act to create the South Dakota Athletic Commission and to provide for the supervision of boxing, kickboxing, mixed martial arts competitions and sparring exhibitions in the state.

    SB 120: FOR AN ACT ENTITLED, An Act to revise provisions related to consent to sexual activity.

    SB 153: FOR AN ACT ENTITLED, An Act to clarify, remove inconsistencies from, and revise certain provisions relating to the formation and operation of watershed districts.

    SB 154: FOR AN ACT ENTITLED, An Act to revise the maximum weight allowed on certain wide-based super single tires.

    SB 158: FOR AN ACT ENTITLED, An Act to provide for the funding of educational programs for children in residential treatment centers, intensive residential treatment centers, or licensed group care centers.

    SB 166: FOR AN ACT ENTITLED, An Act to revise the number of years that permits to carry a concealed weapon are valid.

    SB 174: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to out-of-country foreign judgments.

    SB 198: FOR AN ACT ENTITLED, An Act to revise the membership of the Judicial Qualifications Commission.


    SB 199: FOR AN ACT ENTITLED, An Act to exempt certain property used for educational purposes from taxation.

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1072 Introduced by: Representatives Greenfield, Haggar (Don), Hoffman, Novstrup (David), Otten (Herman), Rozum, Schoenfish, Sly, Stevens, and Verchio and Senator Welke

        A LEGISLATIVE COMMEMORATION, Recognizing Representative Burt Tulson for his personal achievements and congratulating him on his induction into the South Dakota Amateur Baseball Hall of Fame.

    WHEREAS, Representative Burt Tulson was inducted into the South Dakota Amateur Baseball Hall of Fame in 2006; and

    WHEREAS, Representative Tulson was named the 2012 South Dakota Amateur Baseball Man of the Year and received the Lifetime Achievement Award; and

    WHEREAS, Representative Tulson played on the 1993 and 1994 Senior Baseball World Series championship teams; and

    WHEREAS, Representative Tulson has served as a baseball manager for the past thirty-eight years:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Representative Burt Tulson be recognized for his contributions to amateur baseball in South Dakota.

    HC 1073 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2012 Boys Track State AA Champions of Washington High School, Sioux Falls, South Dakota, for their outstanding athletic performance.

    WHEREAS, the student athletes of the Washington High School Boys Track Team have shown exemplary patience, dedication, and tenacity; and

    WHEREAS, the Washington High School Boys Track Team and coaching staff helped facilitate and cultivate the physical, mental, and emotional growth and development of the student athletes; and

    WHEREAS, all members of the Washington High School Boys Track Team, including the student athletes, coaches, parents, and fans, have volunteered their time and unique talents for the betterment of the Washington High School Boys Track Team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Washington High School Boys Track Team be commended and honored for their outstanding athletic performance.

    HC 1074 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senators Buhl and Soholt

        A LEGISLATIVE COMMEMORATION, Honoring members of the 1600 meter relay, the 3200 meter relay, and the 1600 meter spirit medley from Washington High School.

    WHEREAS, Jordan Strand, Jonah Warwick, Dan Marlette, and Alex Waddell showed outstanding teamwork in achieving first place in the 1600 meter relay at the 2012 State AA Track Meet; and

    WHEREAS, Alex Waddell, Dan Marlette, Keegan Carda, and Cameron Sannes worked together and won first place in the 3200 meter relay at the 2012 State AA Track Meet; and

    WHEREAS, the following members of the 1600 meter spirit medley team Jordan Determan, Ayom Ayom, Cory Eberle, and Alex Waddell had a stellar season and their hard work was shown off in their first place finish at the 2012 State AA Track Meet:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Alex Waddell, Dan Marlette, Keegan Carda, Cameron Sannes, Jordan Strand, Jonah Warwick, Jordan Determan, Ayom Ayom, and Cory Eberle, from Washington High School be honored for their outstanding track season.

    HC 1075 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senators Buhl and Soholt

        A LEGISLATIVE COMMEMORATION, Congratulating and commending the Washington High School Football Team for winning the 2012 State AA Football Championship.

    WHEREAS, the Washington High School Warriors remarkably won their third state championship in four years in their sixth straight trip to the Dome under the dedicated leadership of the coaching staff, volunteers, and parents; and

    WHEREAS, the Washington High School Football Team was held together by extraordinary unity and team spirit throughout its undefeated 12-0 record football season;

    WHEREAS, the Washington High School Football Team gained a net total of 4,591 yards en route to scoring a total of 549 points and giving up only 81 points during the entire 2012 football season; and

    WHEREAS, all of the students, faculty, and parents demonstrated outstanding support and sportsmanship during the quest to achieve the 2012 State AA Football Championship:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Washington High School Football Team and its coaching staff be congratulated and commended for their outstanding performance in 2012.

    HC 1076 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senators Buhl and Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2012 South Dakota Varsity A Softball Champions of Sioux Falls Washington High School for their outstanding athletic performance.

    WHEREAS, the student athletes of the Washington High School Girls Softball Team have shown exemplary patience, dedication, and tenacity winning their second consecutive Varsity A crown, completing their season with an outstanding twenty-nine to two record; and

    WHEREAS, the Washington High School Girls Softball coaching staff and teammates helped facilitate and cultivate the physical, mental, and emotional growth and development of the student athletes; and

    WHEREAS, all members of the Washington High School Girls Softball Team, including the student athletes, coaches, parents, and fans, have volunteered their time and unique talents for the betterment of the Washington High School Girls Softball Team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Washington High School Girls Softball Team be commended and honored for its outstanding athletic performance.

    HC 1077 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2012 Competitive Dance State AA Champions of Sioux Falls Washington High School for their outstanding athletic performance.

    WHEREAS, the student athletes of the Washington High School Competitive Dance Team have shown exemplary patience, dedication, and tenacity; and

    WHEREAS, the Washington High School Competitive Dance coach and team members helped facilitate and cultivate the physical, mental, and emotional growth and development of the student athletes; and

    WHEREAS, all members of the Washington High School Competitive Dance Team, including the student athletes, coaches, parents, and fans, have volunteered their time and unique talents for the betterment of the Washington High School Competitive Dance Team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Washington High School Competitive Dance Team be commended and honored for the success of its outstanding athletic performance.

    HC 1078 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senator Heineman (Phyllis)

        A LEGISLATIVE COMMEMORATION, Commending and honoring the National Merit Semifinalists Adam Bierstedt, Zach Bierstedt, Dylan Ensz, Emily Kaufman, Alexis Medima, Charles Mogan, Morgan Nelson, Rachel Nevin, Charles Point, Martha Vandenoever, and Bryant Yang of Sioux Falls Lincoln High School for their outstanding academic achievements.

    WHEREAS, the National Merit Scholarship Program is an academic competition for recognition and scholarships that began in 1955; and

    WHEREAS, students Adam Bierstedt, Zach Bierstedt, Dylan Ensz, Emily Kaufman, Alexis Medima, Charles Mogan, Morgan Nelson, Rachel Nevin, Charles Point, Martha Vandenoever, and Bryant Yang of Lincoln High School have shown exemplary patience, dedication, and excellence in academics; and

    WHEREAS, all members of Lincoln High School helped facilitate and cultivate the academic, mental, and emotional growth and development of these students; and

    WHEREAS, these students have excelled academically by meeting high academic standards and have been selected from one and one-half million other entrants to advance to semifinalist status, whereby they join an elite group representing the nation's best and brightest high school students:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Adam Bierstedt, Zach Bierstedt, Dylan Ensz, Emily Kaufman, Alexis Medima, Charles Mogan, Morgan Nelson, Rachel Nevin, Charles Point, Martha Vandenoever, and Bryant Yang be congratulated on the success of their exceptional academic performances.

    HC 1079 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2012 Boys Tennis Team State Champions of Sioux Falls Washington High School for their outstanding athletic performance.

    WHEREAS, the student athletes of the Washington High School Boys Tennis Team have shown exemplary patience, dedication, and tenacity; and

    WHEREAS, Washington tennis players won six of the nine state championship flights; and

    WHEREAS, all members of the Washington High Boys Tennis Team, including the student athletes, coaches, parents, and fans, have volunteered their time and unique talents for the betterment of the Washington High Boys Tennis Team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Washington High School Boys Tennis Team be commended and honored for their outstanding athletic performance.

    HC 1080 Introduced by: Representatives Feinstein, Hawks, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Honoring Katie Johnson of the Sioux Falls Washington High School Warriors Softball Team.

    WHEREAS, Katie Johnson is an outstanding softball player. She pitched four complete games at the 2012 Softball Tournament to help the team capture its second consecutive Varsity A title; and

    WHEREAS, Katie Johnson earned a spot on the Varsity A All-State Softball Team for her talents from the pitching mound; and

    WHEREAS, Katie was spotlighted as one of the "Faces in the Crowd" in the October 22, 2012, issue of Sports Illustrated. This honor highlights young athletes who are not previously put into the national spotlight; and

    WHEREAS, Katie Johnson will be continuing her softball career at Iowa State University in Ames, Iowa:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Katie Johnson be honored and congratulated on her nationally recognized softball honors and awards.

    HC 1081 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Congratulating and honoring Daniel Schmidtman as a recipient of the Prudential Spirit of Community Award.

    WHEREAS, Daniel Schmidtman, a student at Sioux Falls Washington High School, has achieved national recognition for exemplary volunteer service by receiving a 2013 Prudential Spirit of Community Award; and

    WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

    WHEREAS, Daniel Schmidtman earned this award by giving generously of his time and energy to Servant 3, a group he started to fight world hunger, locally and globally. As his group grew, they would meet once a month to have fun and work on a variety of volunteer projects such as a hunger walkathon, feeding the homeless, and stuffing backpacks for shipment to third world countries; and

    WHEREAS, the success of the state of South Dakota, the strength of its communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Daniel Schmidtman who use their considerable talents and resources to serve others:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature congratulates Daniel Schmidtman as a recipient of a Prudential Spirit of Community Award, recognizes his outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for his continued success and happiness.

    HC 1082 Introduced by: Representatives Feinstein, Hawks, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring Angela Nieman on her Lifetime Achievement award for Dance.

    WHEREAS, Angela Nieman was awarded the Legacy Award a for lifetime achievement at the Americup 2013 National Championship Dance Competition in Minneapolis on February 23, 2013; and

    WHEREAS, Angela began her coaching career in 1990 at Watertown High School. She coached teams to the South Dakota High School State Championships at Watertown High School and Huron High School; and

    WHEREAS, Angela became the head coach at Washington High School in 1997. At Washington High School, Angela coached the Highsteppers to unprecedented consecutive state championship titles from 2000-2006 and again from 2008-2012; and

    WHEREAS, the Highsteppers won High School Grand Champion in 2007 at Americup. At the South Dakota High School state tournament, the Washington High School Highsteppers scored a perfect 300 in the pom division. In 2010, the Highsteppers won the bronze medal in International Hip Hop! Angela Nieman and the Highsteppers have finished in the top ten at Dance Worlds in 2010, 2011, and 2012. In addition to all of the team awards, Angela was elected to the UPA Hall of Fame; and

    WHEREAS, Angela Nieman has coached more wins than any coach in Washington High School's one hundred-plus year history. She also dedicates her time to others and has made it a focus that her teams give back to the community. Through her teams' and her commitment to helping others, she has brought the message about teen bullying. Angela's team has written essays and has visited elementary schools across the community spreading the word that you need to STAND UP, not STAND BY to stop bullying:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Angela Nieman be congratulated and honored on her lifetime achievement for coaching, for her work with the community, and for her encouragement to her students to stand up for others.

    HC 1083 Introduced by: Representatives Feinstein, Hawks, Kirschman, and Soli and Senators Heineman (Phyllis) and Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2012 South Dakota Boys State Class AA High School State Golf Champions of Sioux Falls Lincoln High School for their outstanding athletic performance.

    WHEREAS, Tom Vining, Parker Klitzke, Ben Prisbe, Cole Peterson, Thomas Beck, and Lee Radke have shown exemplary patience, dedication, and tenacity in winning the Boys Class AA State Golf Championship at the Lakeview Golf Course in Mitchell, South Dakota; and

    WHEREAS, Lincoln High School Boys Golf coaching staff helped facilitate and cultivate the physical, mental, and emotional growth and development of the student athletes:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Lincoln High School Boys Golf Team be commended and honored on its outstanding athletic performance and its state championship win.

    HC 1084 Introduced by: Representatives Feinstein, Hawks, Kirschman, and Soli and Senator Heineman (Phyllis)

        A LEGISLATIVE COMMEMORATION, Honoring the Sioux Falls Lincoln High School Patriot Marching Band for representing the Upper Midwest at the Rose Bowl Parade.

    WHEREAS, the Patriot Marching Ban was led proudly by drum majors Carter Christiansen, Rachel Nevin, Libby Smorada, and Kelsey Stotz; and

    WHEREAS, the band was led under the direction of Mr. Bob Carlson and Mr. Dan Carlson with help from percussion head Mr. Craig Spangler; color guard advisors Julie Fettes and Emily Savage; music arranger Jeremy Hegg; band drill writer Kevin Carlson; percussion technicians Pete Hansen and Micah Jastram; woodwind technicians Emily Anderson, Joel Shotwell, and Kristen Jacobson; brass technicians Rolyn Beaird, Andrea Carlson, Eric Knutson, Lon Semansky, and Scott Stearns; and marching techs Ali Hoffman, Brian Haber, Ali Becker, and Joe Waters; and

    WHEREAS, the student members worked hard, often practicing long hours, spending time memorizing music, and working on marching techniques:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Sioux Falls Lincoln High School Patriot Marching Band be honored and congratulated for making South Dakota proud at the Rose Bowl Parade.

    HC 1085 Introduced by: Representatives Bartling, Bolin, Cammack, Cronin, Duvall, Ecklund, Erickson, Feickert, Feinstein, Gibson, Gosch, Greenfield, Hansen, Hawks, Hawley, Heinemann (Leslie), Heinert, Hickey, Hoffman, Johns, Killer, Kirschman, Kopp, Lust, Mickelson, Nelson, Olson (Betty), Parsley, Peterson, Ring, Rounds, Russell, Schaefer, Schrempp, Soli, Stalzer, Steele, Stevens, Tulson, Tyler, Verchio, Wick, Wink, and Wismer and Senators Frerichs, Adelstein, Bradford, Brown, Buhl, Hunhoff (Jean), Johnston, Jones, Kirkeby, Lucas, Maher, Olson (Russell), Rave, Sutton, Tieszen, and Welke

        A LEGISLATIVE COMMEMORATION, Honoring and thanking Bernie and Myrna Hunhoff and their family for the contributions of South Dakota Magazine to the state of South Dakota.

    WHEREAS, Bernie Hunhoff and his wife, Myrna, started South Dakota Magazine in Yankton in 1985. Bernie hit the road with cardboard page mock-ups of how South Dakota Magazine would appear, talking to potential readers and advertisers across the state; and

    WHEREAS, today the magazine has forty-six thousand subscribers in fifty states, twenty-six countries, and five continents; and

    WHEREAS, Bernie Hunhoff has served as editor and publisher for twenty-eight years, printing one hundred sixty-eight issues of the magazine. He has explored every town in South Dakota, every highway and many back roads. He has been stuck in Lyman County gumbo, survived a New Year's Eve celebration in Clark's main street bakery, milked a wild cow at the Irene rodeo, socialized with an old hermit by the Bad River, and nearly stepped on a hissing rattlesnake atop a hill on the Pine Ridge; and

    WHEREAS, the stories in South Dakota Magazine show how we are all connected. We share a past and present. We share mountain size sculptures, grandiose purple sunsets, the East/West River divide, ethnic foods and rhubarb, our own pronunciation of Pierre, pheasants and deer, Interstates 90 and 29, and four sharp seasons of weather; and

    WHEREAS, South Dakotans also experienced dark times, which the magazine has covered, including killer storms, rural poverty, Wounded Knee, a racial divide, and an exodus of our young people; and

    WHEREAS, this, our South Dakota community, has been celebrated, preserved and explored in the pages of South Dakota Magazine; and

    WHEREAS, after twenty-eight years as editor, Bernie is passing that title to his daughter, Katie. Although, Bernie will remain publisher and intends to still provide stories and photos, wandering around the state with a camera and notebook:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the South Dakota Legislature honors and thanks Bernie and Myrna Hunhoff and their family for South Dakota Magazine, for sharing the beauty of South Dakota and her people, for preserving their stories, and for embodying the true grit of South Dakota's entrepreneurial spirit.

    HC 1086 Introduced by: Representatives Novstrup (David), Feickert, Greenfield, Kaiser, Tulson, and Wismer and Senators Novstrup (Al), Frerichs, and Welke

        A LEGISLATIVE COMMEMORATION, Honoring Colton Fryer of Aberdeen, South Dakota, for selflessness and good sportsmanship.

    WHEREAS, eighteen-year-old Aberdeen Central High School wrestler Colton Fryer received a gold medal at the Jamestown Junior Varsity Wrestling Tournament in January 2013; and

    WHEREAS, in a gesture of support, Colton Fryer gave his gold medal to Cody Hewitt, a wrestler with autism from Davies High School in Fargo, North Dakota; and

    WHEREAS, Cody Hewitt and his family are very grateful for the actions and good sportsmanship of Colton Fryer:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the actions and positive sportsmanship of Colton Fryer are recognized as actions done by model citizens in society.

    HC 1087 Introduced by: Representatives Novstrup (David), Greenfield, Kaiser, Tulson, and Wismer and Senators Novstrup (Al), Frerichs, and Welke

        A LEGISLATIVE COMMEMORATION, Commending and honoring Homes Are Possible Inc. for constructing its one hundredth house.

    WHEREAS, Homes Are Possible Inc. celebrated the opening of its one hundredth house on February 28, 2013, in Aberdeen, South Dakota; and

    WHEREAS, Homes Are Possible Inc. is a non-profit organization that builds affordable housing for many people since the construction of its first home in 2003; and

    WHEREAS, Homes Are Possible Inc. contributes to local communities by providing housing options for low income South Dakotans:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Homes Are Possible Inc. should receive distinction for providing affordable housing for the last ten years and reaching such an honorable milestone.

    HC 1088 Introduced by: Representatives Feinstein, Hawks, Kirschman, and Soli and Senators Heineman (Phyllis) and Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2012 Boys Cross Country State Class AA Champions of Sioux Falls Lincoln High School for their outstanding athletic performance.

    WHEREAS, Nathan Schroeder, Luke Jelen, Will Lauer, Free Bump, Kelly Fitzsimmons, Corey McComber, and Ryan Patrick have shown exemplary patience, dedication, and tenacity in combining their talents to secure the State Class AA Cross Country Championship; and

    WHEREAS, the coaching staff helped facilitate and cultivate the physical, mental, and emotional growth and development of the student athletics; and

    WHEREAS, Nathan Schroeder, Luke Jelen, Will Lauer, Free Bump, Kelly Fitzsimmons, Corey McComber, and Ryan Patrick have volunteered their time and unique talents for the betterment of the Sioux Falls Lincoln High School Boys Cross Country Team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature congratulates the Sioux Falls Lincoln High School Boys Cross Country Team on their outstanding athletic performance.

    HC 1089 Introduced by: Representatives Feinstein, Hawks, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Honoring Sioux Falls Washington Warriors debate team members, Katlyn Powers and Jordan Simundson.

    WHEREAS, the National Forensic League is the oldest and largest interscholastic forensic organization, created to recognize high school students in speech and debate; and

    WHEREAS, the Warriors debate team had two students, Katlyn Powers and Jordan Simundson, place fourth in policy debate at the National Forensic League Debate in Indianapolis, Indiana; and

    WHEREAS, the duo put forth long hours of research, work, and practice in order to make it to the National Forensic League Debate Nationals tournament; and

    WHEREAS, the hard work put forth by Katlyn and Jordan helped to land the pair in the semi-finals at the National Forensic League Debate Nationals:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature congratulates Katlyn Powers and Jordan Simundson for their national fourth place finish in the policy debate at the National Forensic League Debate tournament.

    HC 1090 Introduced by: Representatives Feinstein, Hawks, Kirschman, and Soli and Senators Buhl and Soholt

        A LEGISLATIVE COMMEMORATION, Honoring Katie Johnson, Kathleen Meredith, Michaela Mayer, and Emily Winckler from the Sioux Falls Washington High School Warriors Softball Team.

    WHEREAS, Katie Johnson, Kathleen Meredith, Michaela Mayer, and Emily Winckler earned spots on the Varsity A All-State Softball Team; and

    WHEREAS, the student athletes of the Washington High School Girls Softball Team have shown exemplary patience, dedication, and tenacity in winning their second consecutive Varsity A title with an impressive record of twenty-nine wins and two losses; and

    WHEREAS, all members of the Washington High School Girls Softball Team, including the student athletes, coaches, parents, and fans have volunteered their time and unique talents for the betterment of the Washington High Girls Softball Team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature congratulates Katie Johnson, Kathleen Meredith, Michaela Mayer, and Emily Winckler on their softball honors and awards.

    HC 1091 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senators Buhl and Soholt

        A LEGISLATIVE COMMEMORATION, Honoring Devon O'Farrell from Washington High School for a state wrestling championship.

    WHEREAS, Devon O'Farrell had an outstanding wrestling season in 2012 with a final record of forty-five wins and one loss; and

    WHEREAS, in 2012 Devon O'Farrell was an individual state wrestling champion in the two hundred twenty pound weight class at the Boys State Class A wrestling championships, winning his title match by a score of six to four; and

    WHEREAS, Devon O'Farrell demonstrated outstanding athletic ability, determination, and the willingness to make sacrifices:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature honors Devon O'Farrell for his state wrestling championship.

    HC 1092 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senators Buhl and Soholt

        A LEGISLATIVE COMMEMORATION, Honoring David Potratz from Washington High School for his state wrestling championship.

    WHEREAS, David Potratz had an outstanding wrestling season in 2012 with a final record of forty-three wins and three losses; and

    WHEREAS, in 2012 David Potratz was an individual state wrestling champion in the one hundred six pound weight class at the Boys State Class A Wrestling Championship Tournament, winning his title match by a score of four to one; and

    WHEREAS, David Potratz demonstrated outstanding athletic ability, determination, and the willingness to make sacrifices:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature honors David Potratz for his state wrestling championship.

    HC 1093 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senator Soholt

        A LEGISLATIVE COMMEMORATION, Commending and honoring Kari Heck on her outstanding 2012 track and field season for Sioux Falls Washington High School.

    WHEREAS, Kari Heck has shown exemplary patience, dedication, and persistence in her track and field career while a member of the Washington High School Track Team; and

    WHEREAS, Kari won first place in four different State AA track events. She won first place at the State Track Meet in the 100 meter dash with a time of 12.52, the 200 meter dash with a time of 25.19, the 400 meter dash with a time of 55.91, and the long jump with a jump of nineteen feet nine inches, helping the Sioux Falls Washington High School to the Girls State AA Track and Field Championship; and

    WHEREAS, Kari Heck is only one of thirteen girls who have earned four state track and field championships in one year, and she earned a total of eleven titles in her high school career:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature congratulates Kari Heck on her outstanding track and field season and career at Washington High School.


    HC 1094 Introduced by: Representatives Feinstein, Hawks, Hickey, Kirschman, and Soli and Senators Buhl and Soholt

        A LEGISLATIVE COMMEMORATION, Honoring Nathan Gerry, Alex Waddell, and Christian Parker from Washington High School for their first place finishes at the 2012 Boys State Class AA Track Meet.

    WHEREAS, Nathan Gary took first place in the 200 meter dash with a time of 21.83 seconds and in doing so demonstrated talent and hard work; and

    WHEREAS, Alex Waddell showed outstanding hard work and superior spirit as he won first place in the 800 meter dash with a time of 1.54.71; and

    WHEREAS, Christian Parker showed outstanding spirit and great success on his high jump state title which he won with a jump of six feet five inches:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature honors Nathan Gerry, Alex Waddell, and Christian Parker from Washington High School for their first place finishes with the 2012 Boys State Class AA Track Meet and for their outstanding 2012 track season.

    HC 1095 Introduced by: Representatives Gibson, Bartling, Feickert, Feinstein, Hawks, Hawley, Heinert, Hunhoff (Bernie), Killer, Kirschman, Parsley, Peterson, Ring, Schrempp, Soli, Tyler, Verchio, and Wismer and Senators Frerichs, Bradford, Jones, Lucas, Sutton, and Welke

        A LEGISLATIVE COMMEMORATION, Honoring Calder Eschenbaum from Lake Preston High School.

    WHEREAS, Calder Eschenbaum had an outstanding track season, as he demonstrated outstanding athletic ability and skill during the 2012 Lake Preston Divers track season; and

    WHEREAS, during the 2012 track season, Calder was the State B boys triple jump champion at the 2012 State B Track Meet with a jump length of forty-three feet and six and one-half inches; and

    WHEREAS, showing that his hard work paid off, Calder is now a member of the South Dakota State Track Team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Calder Eschenbaum be honored for his State B boys track triple jump championship.


    HC 1096 Introduced by: Representatives Gibson, Bartling, Feickert, Feinstein, Hawks, Hawley, Heinert, Hunhoff (Bernie), Killer, Kirschman, Parsley, Peterson, Ring, Schrempp, Soli, Tyler, Verchio, and Wismer and Senators Frerichs, Bradford, Jones, Lucas, Sutton, and Welke

        A LEGISLATIVE COMMEMORATION, Honoring Amanda Poppen from DeSmet High School.

    WHEREAS, Amanda Poppen had an outstanding track season in 2012 when she threw discus for the DeSmet Bulldogs; and

    WHEREAS, Amanda was the State Discus Champion at the 2012 State B Track Meet; and

    WHEREAS, Amanda threw the discus one hundred twenty-five feet and five inches to win first place at the state track meet:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Amanda Poppen be honored on her state discus championship.

    HC 1097 Introduced by: Representatives Miller and Bolin and Senator Lederman

        A LEGISLATIVE COMMEMORATION, Acknowledging the Dakota Valley girls softball program for the progress made in ASA/USA girls fast pitch softball.

    WHEREAS, in 2011 the Dakota Valley 14U girls softball team won the Class C state tournament championship; and

    WHEREAS, in 2012 the Dakota Valley 12U girls softball team was runner up in the Class C state tournament championship; and

    WHEREAS, in 2012 the Dakota Valley High School girls fall ball team was runner up in the Class B state tournament championship; and

    WHEREAS, with the tremendous support from head coach T.C.Weinandt, family, friends, North Sioux City fans, and the Dakota Valley School Board, the girls reached three state championship games in two years:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, recognizes the Dakota Valley girls softball program for the progress made in ASA/USA girls fast pitch softball.

    HC 1098 Introduced by: Representatives Gibson, Bartling, Feickert, Feinstein, Hawks, Hawley, Heinert, Hunhoff (Bernie), Kirschman, Parsley, Peterson, Ring, Schrempp, Soli, Tyler, Verchio, and Wismer and Senators Frerichs, Bradford, Jones, Lucas, Sutton, and Welke

        A LEGISLATIVE COMMEMORATION, Honoring Eugene Martin from DeSmet High School for his back to back state wrestling titles.

    WHEREAS, Eugene Martin had outstanding wrestling seasons in 2012 and 2013. He was the 2012 individual State B wrestling champion in the 182-pound weight class and the 2013 individual State B wrestling champion in the 195-pound weight class; and

    WHEREAS, Eugene attained a personal record of 247-66 in his wrestling career; and

    WHEREAS, Eugene also won the Scott Mechtenburg Memorial Scholarship at the 2013 State B Wrestling Tournament:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Eugene Martin be honored for his individual State B Wrestling Championships.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at 3:52 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk