JOURNAL OF THE SENATE

NINETY-THIRD SESSION




TWENTY-THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 14, 2018

    The Senate convened at 2:00 p.m., pursuant to adjournment, the Senate Majority Leader presiding.

    The prayer was offered by the Chaplain, Rev. Seth LaBounty, followed by the Pledge of Allegiance led by Senate pages Grace Jones and Derick Peters.

    Roll Call: All members present except Sen. Killer who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-second day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Brock L. Greenfield, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 162, and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 5, of the printed bill, delete "a" and insert "the same".

    On page 1, line 6, after the first "meal" insert "being served that day to all other students".

    On page 1, line 11, after "." insert "A school may use other means of collection for a lunch debt not prohibited by this section.".

     Which was reconsidered, and that as so amended said bill do NOT pass.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 81 and returns the same with the recommendation that said bill be amended as follows:

81mb

    On page 3 of the printed bill, delete lines 1 to 4, inclusive, and insert:

"    Section 3. That § 1-16G-49 be amended to read:

    1-16G-49. Each department administering the funds received from § 1-16G-48 shall report annually to the Government Operations and Audit Committee about the operations and results of the building South Dakota fund programs. ".


81mc

    On page 8 of the printed bill, delete lines 17 to 21, inclusive, and insert " Any receipts or revenues into this fund are to be expended only if recommended by the Governor and approved by majority vote of the special committee created in chapter 4-8A or appropriated by an act of the Legislature. Each year, the fees from the private activity bond fees fund shall be transferred to the South Dakota housing opportunity fund. All money in the fund shall be ".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 2, 3, 4, and 6 which were tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 155 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill be amended as follows:

93wc

    On page 1 of the printed bill, delete lines 10 to 13, inclusive.

    On page 2, delete lines 1 to 8, inclusive.

    On page 2, line 10, delete "section 2" and insert "section 1".

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    On page 2, line 10, of the printed bill, after "Act," insert "or".

    On page 2, line 11, delete ", 34-22-18, or 34-23-4".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 124 which was tabled.


Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 95 and 196 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1131 and 1154 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 180 which was tabled.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 197 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 143, 177, and 202 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 98 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
David L. Anderson, Co-Chair
Larry Tidemann, Co-Chair
Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1195 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be amended as follows:

115wa

    On page 1, line 10, of the printed bill, delete "a" and insert "or within ten feet of that person's".

    On page 1, after line 10, insert:

"

    The provisions of this section do not allow a person to possess a firearm if that person is otherwise prohibited from the possession of a firearm under state or federal law.".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1190 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1159, 1184, 1199, 1252, 1280, and 1304 which have passed the House and your favorable consideration is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to return herewith SCR 3 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    HCR 1008: A CONCURRENT RESOLUTION, that tobacco, alcohol, and other drug marketing have no place in the lives of the children of the state.

    Was read the second time.

    Sen. Bolin moved that HCR 1008 be laid on the table.

    The question being on Sen. Bolin's motion that HCR 1008 be laid on the table.

    And the roll being called:

    Yeas 30, Nays 4, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Nays:
Frerichs; Jensen (Phil); Nelson; Solano

    Excused:
Killer

    So the motion having received an affirmative vote of a majority of the members-elect, the Senate Majority Leader declared the motion carried and HCR 1008 was tabled.

    SR 2 Introduced by: Senators Nelson, Greenfield (Brock), Jensen (Phil), Maher, Monroe, Netherton, Russell, Stalzer, and Tapio

        A RESOLUTION, Affirming the constitutional private property protections of South Dakota farmers and ranchers.



    WHEREAS, the Founders realized the fundamental importance of property rights when they wrote the Takings Clause of the Fifth Amendment to the United States Constitution, which says ". . . nor shall private property be taken for public use, without just compensation" and the original purpose of the Fifth Amendment was to ensure that government would not have the power to impede individuals' property rights; and

    WHEREAS, granting the public access to private property, through statute, subverts individuals' constitutional rights, circumvents required due process eminent domain proceedings, and deprives private property owners of just compensation; and

    WHEREAS, in Kelo v. The City of New London, Connecticut, the Supreme Court of the United States redefined "public use" to mean "public purpose," including economic development; and

    WHEREAS, eminent domain has corrupted itself into an extremely unprincipled process through which private companies use force to take another person's property purely for profit; and

    WHEREAS, the tyranny of eminent domain is one that threatens individual liberty, rural communities, and the economy of the South Dakota; and

    WHEREAS, rural America is the backbone of this country and agriculture is the backbone of this economy, and there is a moral argument to be made that hard-working South Dakotans should not have to live in fear that their homes, farms, and businesses are susceptible to being taken by the government; and

    WHEREAS, the cornerstone of liberty is the right to private property, and allowing the government to step in and take property on a whim for an alleged public good is a failure of our representative government to abide by the Constitution and protect the rights of the individual South Dakota property owner, from the majority; and

    WHEREAS, ownership rights in rural areas are fundamental building blocks for our nation's agriculture industry, which continues to be the most important economic sector of our economy; and

    WHEREAS, in the wake of the Supreme Court's decision in Kelo v. City of New London, abuse of eminent domain is a threat to the property rights of all private property owners, including rural land owners; and

    WHEREAS, we support private property rights and reject international policy recommendations that deliberately or inadvertently infringe or restrict private property rights without eminent domain due process; and

    WHEREAS, it is the explicit constitutional mandate of the Legislature to encourage, support, promote, and protect the private ownership of property and to ensure that the constitutional and other legal rights of private property owners are protected, not subverted:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, that the use of eminent domain is a threat to agricultural and other property in rural America and that the Legislature should protect the property rights of South Dakotans, including those who reside in rural areas; and

    BE IT FURTHER RESOLVED, property rights are central to liberty in this country and to our economy, and the use of statute and the avoidance of proper eminent domain to take farmland and other rural property for economic development or recreational use threatens liberty and the economy of South Dakota; and

    BE IT FURTHER RESOLVED, South Dakotans should not have to fear the government taking their homes, farms, or businesses to give to other persons, and government should not abuse the power of eminent domain to force rural property owners from their land in order to develop rural land into industrial, commercial, or recreational property.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed SR 2 on the calendar of Thursday, February 15th, the twenty-fourth legislative day.

    Sen. Maher moved that SJR 3 be placed to follow HB 1127 on today's calendar.

    Which motion prevailed.

    Sen. Greenfield (Brock) moved that SB 63 be deferred to Thursday, February 15th, the twenty-fourth legislative day.

    Which motion prevailed.

    Sen. Maher moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 15th, the twenty-fourth legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Maher moved that the report of the Standing Committee on

    Education on HCR 1001 as found on page 444 of the Senate Journal be adopted.

    Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1159: FOR AN ACT ENTITLED, An Act to revise certain notification provisions regarding damage of underground facilities.

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

    HB 1184: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding waste disposal lines along or under highways.

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

    HB 1199: FOR AN ACT ENTITLED, An Act to prohibit collective bargaining by employees of the Board of Regents.

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

    HB 1252: FOR AN ACT ENTITLED, An Act to prohibit certain government entities from restricting the wearing of tribal regalia during certain events.

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

    HB 1280: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the calculation of suspended prison sentences.

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

    HB 1304: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to petition signatures.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1079: FOR AN ACT ENTITLED, An Act to authorize certain physical therapists to perform dry needling as a treatment technique.

    Was read the second time.


    The question being "Shall HB 1079 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Killer

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

    HB 1205: FOR AN ACT ENTITLED, An Act to require certain health benefit plans to provide coverage to persons with a serious medical condition for certain dental care services.

    Was read the second time.

    The question being "Shall HB 1205 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Killer

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

    HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding riparian buffer strips.

    Was read the second time.



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

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Killer

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

    HB 1148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility to serve on the Game, Fish, and Parks Commission.

    Was read the second time.

    The question being "Shall HB 1148 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Killer

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

    HB 1214: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Conservation Commission and conservation districts.


    Was read the second time.

    The question being "Shall HB 1214 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Killer

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Sen. Sutton requested a fiscal note on SB 100.

    Which request was supported.

    SB 204: FOR AN ACT ENTITLED, An Act to create and designate Peter Norbeck Day as a working holiday.

    Was read the second time.

    The question being "Shall SB 204 pass?"

    And the roll being called:

    Yeas 31, Nays 3, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg


    Nays:
Heinert; Nelson; Tapio

    Excused:
Killer

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions that authorize the secretary of transportation to provide for temporary variable speed limits on state highways in the interests of highway safety due to varying weather, road work, and other conditions.

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

    The question now being on Sen. Curd's pending motion to amend HB 1008 as found on page 438 of the Senate Journal.

    Sen. Stalzer requested a roll call vote.

    Which request was supported.

    And the roll being called:

    Yeas 17, Nays 17, Excused 1, Absent 0

    Yeas:
Cammack; Curd; Greenfield (Brock); Klumb; Kolbeck; Langer; Nelson; Netherton; Novstrup; Otten (Ernie); Rusch; Russell; Soholt; Solano; Stalzer; Tapio; Tidemann

    Nays:
Bolin; Cronin; Ewing; Frerichs; Haverly; Heinert; Jensen (Phil); Kennedy; Maher; Monroe; Nesiba; Partridge; Peters; Sutton; White; Wiik; Youngberg

    Excused:
Killer

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


    The question being "Shall HB 1008 pass as amended?"

    And the roll being called:

    Yeas 9, Nays 25, Excused 1, Absent 0

    Yeas:
Cammack; Kennedy; Nesiba; Otten (Ernie); Rusch; Solano; Stalzer; Tapio; White

    Nays:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Partridge; Peters; Russell; Soholt; Sutton; Tidemann; Wiik; Youngberg

    Excused:
Killer

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

    HB 1217: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting of mourning doves on certain property.

    Was read the second time.

    The question being "Shall HB 1217 pass?"

    And the roll being called:

    Yeas 5, Nays 28, Excused 2, Absent 0

    Yeas:
Cammack; Greenfield (Brock); Partridge; Rusch; Tidemann

    Nays:
Bolin; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Peters; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White; Wiik; Youngberg

    Excused:
Killer; Otten (Ernie)

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


    HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding dual education credit.

    Was read the second time.

    The question being "Shall HB 1099 pass as amended?"

    And the roll being called:

    Yeas 25, Nays 8, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb; Kolbeck; Maher; Nelson; Nesiba; Netherton; Novstrup; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White

    Nays:
Cronin; Jensen (Phil); Langer; Monroe; Partridge; Russell; Wiik; Youngberg

    Excused:
Killer; Otten (Ernie)

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

    HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to fees charged for security freezes.

    Was read the second time.

    The question being "Shall HB 1127 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Killer; Otten (Ernie)


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

    There being no objection, the Senate reverted to Order of Business No. 13.

    The President Pro tempore presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SJR 3: A JOINT RESOLUTION, To apply for a convention of states under Article V of the Constitution of the United States to impose fiscal restraints on the federal government and limit the power and jurisdiction of the federal government.

    Was read the second time.

    The question being "Shall SJR 3 pass?"

    And the roll being called:

    Yeas 16, Nays 18, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Curd; Jensen (Phil); Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Otten (Ernie); Soholt; Stalzer; Tidemann; Wiik; Youngberg

    Nays:
Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb; Nelson; Nesiba; Partridge; Peters; Rusch; Russell; Solano; Sutton; Tapio; White

    Excused:
Killer

    So the resolution not having received an affirmative vote of a majority of the members-elect, the President Pro tempore declared the resolution lost.

COMMEMORATIONS

    SC 36 Introduced by: Senators Novstrup, Bolin, Cronin, Curd, Ewing, Frerichs, Maher, White, and Wiik and Representatives Dennert, Gosch, Greenfield (Lana), Kaiser, Lake, Latterell, Peterson (Kent), Peterson (Sue), Qualm, and Rounds


        A LEGISLATIVE COMMEMORATION, Honoring The Salvation Army for their dedication and service to the Aberdeen Community for one hundred twenty-five years.

    WHEREAS, The Salvation Army has been pursuing its mission to preach the gospel of Jesus Christ and to meet human needs in His name without discrimination since 1865; and

    WHEREAS, The Salvation Army assists twenty-five million Americans annually and serves in one hundred twenty-eight countries around the globe; and

    WHEREAS, children have always been a priority and cared for through The Salvation Army of Aberdeen; and

    WHEREAS, The Salvation Army of Aberdeen provided a Christmas for all by organizing a community meal, free Christmas trees for families, and toys for children; and

    WHEREAS, The Salvation Army of Aberdeen spreads the gospel of Jesus Christ daily through its deeds and has implemented a vacation bible school for children:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that The Salvation Army be honored for their one hundred twenty-five years of service to the Aberdeen community and gratitude be expressed to all of the volunteers of The Salvation Army for their unwavering service to Aberdeen.

    SC 37 Introduced by: Senators Heinert, Kennedy, Killer, Nesiba, and Sutton and Representatives Ahlers, Bordeaux, McCleerey, Ring, Schaefer, Smith, and Wismer

        A LEGISLATIVE COMMEMORATION, Honoring and congratulating Nash Hutmacher for winning the 285 pound weight class at the 2017 State Class A Wrestling Tournament.

    WHEREAS, Nash Hutmacher has continued his hard work and has found success remaining undefeated so far in 2018, and has won more than 78 consecutive matches, dating all the way back to 2016; and

    WHEREAS, Nash Hutmacher was the first freshman ever to receive the Wrestler of the Year award from the Mitchell Daily Republic in 2017; and

    WHEREAS, Nash Hutmacher was the first South Dakotan since 1990 to win the USA Wrestling Cadet Freestyle National Championship; and

    WHEREAS, Nash Hutmacher is nationally ranked at number seven by FlowWrestling and number eleven by Intermat and is the only sophomore featured on either list; and

    WHEREAS, Nash Hutmacher has performed exceptionally well in other sports and was a first-team defensive lineman for the all-state football team in 2017; and

    WHEREAS, Nash Hutmacher's father, Joe Hutmacher, set state records for deadlift and squat in both the 275 and 319 weight classes and passed on his exceptional abilities and work ethic to his son; and

    WHEREAS, Nash Hutmacher's supportive family and his desire to work hard, as both an athlete and an individual, have brought him success and will continue to do so in the future:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates Nash Hutmacher for his relentless efforts and his victory at the 2017 State Class A Wrestling Tournament.

    SC 38 Introduced by: Senators Wiik, Bolin, Klumb, Peters, and Tidemann and Representatives Mills, Johns, Kettwig, Mickelson, and Otten (Herman)

        A LEGISLATIVE COMMEMORATION, Congratulating and commending the Deuel Cardinals on their Class A High School Gymnastics Championship and their successful 2018 season.

    WHEREAS, the Deuel High School Gymnastics Team exemplifies the dedication and commitment needed to reach lofty goals; and

    WHEREAS, the team was coached with the expertise and outstanding leadership from head coach Caitlin Steffensen and assisted by Billie Jo Giesel; and

    WHEREAS, the resilient team was comprised of Morgan Kwasniewski, Rachel Blue, Kenzie Hamann, Karly Monnier, Annie Hawley, Brooklyn Peterson, Paige Simon, and Elise Hotzler and managers Jordan Stein and Sarah Cook; and

    WHEREAS, in addition to being declared Class A Champions, Morgan Kwasniewski won three of the four events to capture the State A All-Around Gymnastics Championship; and

    WHEREAS, the Deuel High School Gymnastics Team showed outstanding drive, focus, and determination to score a total of 144.675, enough to outlast Madison who scored 142.450:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates the Deuel Cardinals for their outstanding season and for winning the Class A High School Gymnastics Championship.

    Sen. Soholt moved that the Senate do now adjourn, which motion prevailed and at 3:58 p.m. the Senate adjourned.

Kay Johnson, Secretary