JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 29, 2012

The Senate convened at 10:00 a.m., pursuant to adjournment, the President Pro tempore presiding.

The prayer was offered by the Chaplain, Rev. Howard Grinager, followed by the Pledge of Allegiance led by Senate page Rachel Day.

Roll Call: All members present except Sens. Hundstad and Nygaard who were 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-ninth 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,

Bob Gray, Chair

Which motion prevailed.

Sen. Olson moved that the Senate do now recess until 10:30 a.m., which motion prevailed and at 10:15 a.m., the Senate recessed.

RECESS

The Senate reconvened at 10:30 a.m., the President presiding.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 112, 186, and 192 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 29, 2012.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 49, 80, 99, 146, 148, and 149 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 49, 80, 146, 148, and 149 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 25, 43, 77, 91, 130, 139, 141, 161, 162, 183, 187, and 193 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Kraus moved that the Senate do concur in House amendments to SB 75.

The question being on Sen. Kraus' motion that the Senate do concur in House amendments to SB 75.

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle

Excused:
Hundstad; Maher; Nygaard; Olson (Russell); Schlekeway

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

Sen. Brown moved that the Senate do concur in House amendments to SB 174.

The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 174.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Hundstad; Nygaard

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

CONSIDERATION OF CONSENT CALENDAR EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of William F. Cerney of Gregory County, Burke, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of William F. Cerney pursuant to the executive message as found on page 478 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Hundstad; Nygaard

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Duane K. Sather of Minnehaha County, Sioux Falls, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of Duane K. Sather pursuant to the executive message as found on page 479 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Hundstad; Nygaard

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

SIGNING OF BILLS

The President publicly read the title to

SB 49: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

SB 80: FOR AN ACT ENTITLED, An Act to exempt veterans from the twelve-month residency requirement for the purposes of tuition and fees.

SB 99: FOR AN ACT ENTITLED, An Act to allow certain licensees or employees of a licensed establishment who have been charged with certain felony offenses to be prohibited from entering the licensed premises.

SB 146: FOR AN ACT ENTITLED, An Act to provide for an affirmative defense of compulsion for the crime of prostitution.

SB 148: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to battery committed against infants and unborn children.

SB 149: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the conditional release of persons charged with domestic abuse.

HB 1045: FOR AN ACT ENTITLED, An Act to revise various trust provisions.

HB 1059: FOR AN ACT ENTITLED, An Act to revise Article 9 of the Uniform Commercial Code, to make an appropriation, and to declare an emergency.

HB 1179: FOR AN ACT ENTITLED, An Act to require certain campaign finance requirements to apply to all counties and municipalities.

HB 1230: FOR AN ACT ENTITLED, An Act to modify the publication requirements for water rights applications.

And signed the same in the presence of the Senate.

Sen. Olson moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:50 a.m., the Senate recessed.

RECESS

The Senate reconvened at 1:00 p.m., the President Pro tempore presiding.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 75 and 174 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 10, 49, 80, 99, 101, 106, 123, 145, 146, 148, 149, 158, 169, and 188 were delivered to his Excellency, the Governor, for his approval at 12:45 p.m., February 29, 2012 .

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

cc157A

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 157 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 157 be amended as follows:

157ta

On page 2 of the House engrossed bill, delete lines 19 to 25, inclusive, and insert:

"31-29-69.Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes any local authority to prohibit outdoor advertising or outdoor advertising technology permitted therein throughout its jurisdiction. However, any such regulation and control shall be reasonable and reasonably related to the needs of the business community to adequately and properly advertise its goods and services of benefit to the traveling public. "

Respectfully submitted,                Respectfully submitted,
Val Rausch                        Russell Olson
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1016 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1046 and 1206.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1016: A CONCURRENT RESOLUTION, Concerning endorsement of Taiwan's participation as observer in the International Civil Aviation Organization (ICAO), and the 28^th anniversary of sister state relations with the Province of Taiwan in the Republic of China (Taiwan).

Was read the first time, the President waived the referral to committee, and placed HCR 1016 on the calendar of Thursday, March 1, the 31^st legislative day.

Sen. Brown moved that SB 25 be placed to follow SB 193 on today's calendar.

Which motion prevailed.

Sen. Tieszen moved that the Senate do concur in House amendments to SB 43.

The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 43.

And the roll being called:

Yeas 28, Nays 1, Excused 6, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Peters; Putnam; Rampelberg; Schlekeway; Sutton; Tieszen; Vehle

Nays:
Rhoden

Excused:
Brown; Hundstad; Nygaard; Olson (Russell); Rave; Tidemann

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

Sen. Frerichs moved that the Senate do not concur in House amendments to SB 77 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Olson (Russell), Vehle, and Frerichs.

Sen. Novstrup moved that the Senate do not concur in House amendments to SB 91 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Sen. Rhoden moved as a substitute motion that SB 91 be placed to follow SB 25 on today's calendar.

Which motion prevailed.

Sen. Lederman moved that the Senate do not concur in House amendments to SB 130 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Lederman, Schlekeway, and Bradford.

Sen. Heineman moved that the Senate do not concur in House amendments to SB 139 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Heineman, Kraus, and Bradford.

Sen. Peters moved that the Senate do not concur in House amendments to SB 141 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Peters, Cutler, and Buhl.

Sen. Vehle moved that the Senate do not concur in House amendments to SB 183 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Vehle, Cutler, and Buhl.

Sen. Juhnke moved that the Senate do not concur in House amendments to SB 193 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Tidemann, Hunhoff , and Sutton.

Sen. Novstrup moved that the Senate do concur in House amendments to SB 161.

The question being on Sen. Novstrup's motion that the Senate do concur in House amendments to SB 161.

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Brown; Hundstad; Nygaard; Olson (Russell); Tidemann

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

Sen. Rhoden moved that the Senate do concur in House amendments to SB 162.

The question being on Sen. Rhoden's motion that the Senate do concur in House amendments to SB 162.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Brown; Hundstad; Nygaard; Rave

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

Sen. Rhoden moved that the Senate do concur in House amendments to SB 187.

The question being on Sen. Rhoden's motion that the Senate do concur in House amendments to SB 187.

And the roll being called:

Yeas 27, Nays 5, Excused 3, Absent 0

Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen

Nays:
Bradford; Buhl; Frerichs; Sutton; Vehle

Excused:
Hundstad; Nygaard; Olson (Russell)

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

SIGNING OF BILLS

The President publicly read the title to

SB 75: FOR AN ACT ENTITLED, An Act to revise the determination of fees that may be charged for certain public records.

SB 174: FOR AN ACT ENTITLED, An Act to increase the 911 emergency surcharge, to revise the collection and distribution of the surcharge revenue, to provide for point of sale collection of the prepaid wireless 911 emergency surcharge, and to provide funding for the upgrade of 911 emergency services.

HB 1126: FOR AN ACT ENTITLED, An Act to establish provisions that certain bonds paid by, or on behalf of, certain persons with child support arrearages shall be paid to the Department of Social Services to pay any child support the defendant owes.

HB 1133: FOR AN ACT ENTITLED, An Act to establish the Legislature's Planning Committee.

HB 1185: FOR AN ACT ENTITLED, An Act to prohibit all qualified health plans offered through a health care exchange from including abortion coverage.

HB 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning lobbyists.

HB 1198: FOR AN ACT ENTITLED, An Act to revise the definition of firearm to include certain antique, muzzle-loading, and black powder weapons in certain circumstances.

HB 1220: FOR AN ACT ENTITLED, An Act to conditionally repeal certain provisions establishing network adequacy standards, quality assessment and improvement requirements, utilization review and benefit determination requirements, and grievance procedures for managed health care plans, and certain standards for managed health care plans if the Patient Protection and Affordable Care Act is found to be unconstitutional.

HB 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the voting rights of persons convicted of a felony or serving time in the state penitentiary.

HB 1248: FOR AN ACT ENTITLED, An Act to provide for exceptions from certain misdemeanor offenses relating to possession of handguns.

HB 1253: FOR AN ACT ENTITLED, An Act to prohibit the judicial enforcement of any religious codes.

HB 1266: FOR AN ACT ENTITLED, An Act to reduce the period of time necessary to cure and validate certain adoption proceedings.

HB 1273: FOR AN ACT ENTITLED, An Act to prohibit the sale of loose leaf incense to minors, to prohibit certain marketing techniques, to regulate the sale of certain types of incense, to provide penalties therefor, and to declare an emergency.

HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XII of the Constitution of the State of South Dakota, relating to a balanced budget.

And signed the same in the presence of the Senate.

Sen. Brown moved that the Senate do now recess until 3:30 p.m., which motion prevailed and at 2:00 p.m., the Senate recessed.

RECESS

The Senate reconvened at 3:30 p.m., the President Pro tempore presiding.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 43, 161, 162, and 187 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Sly, Haggar, and Killer 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 139.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Sly, Feickert, and Hansen 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 130.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Solum, Fargen, and Cronin 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 77.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Boomgarden, Tornow, and Feinstein 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 183.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Lust, Hunhoff, and Cronin 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 193.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rozum, Gibson, and Cronin 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 141.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1058, 1096, 1186, and 1189.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 1, the 31^st legislative day.

Which motion prevailed.

Sen. Olson moved that SB 25 be deferred to Thursday, March 1, the 31^st legislative day.

Which motion prevailed.

Which motion prevailed and the President announced as such committee Sens. Novstrup, Rampelberg, and Nelson.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Olson moved that the report of the Conference Committee on SB 157 as found on page 624 of the Senate Journal be adopted.

The question being on Sen. Olson's motion that the report of the Conference Committee on SB 157 be adopted.

And the roll being called:

Yeas 24, Nays 9, Excused 2, Absent 0

Yeas:
Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Schlekeway; Sutton; Tidemann

Nays:
Adelstein; Bradford; Haverly; Kraus; Nelson (Tom); Rampelberg; Rhoden; Tieszen; Vehle

Excused:
Hundstad; Nygaard

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

SIGNING OF BILLS

The President publicly read the title to

SB 43: FOR AN ACT ENTITLED, An Act to criminalize the failure to report the death or disappearance of a child within a specified time by certain persons responsible for the care of the child.

SB 161: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings held by teleconference or videoconference.

SB 162: FOR AN ACT ENTITLED, An Act to provide for the designation of certified technology parks.

SB 187: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the legislative review of state agencies.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 22 Introduced by: Senators Schlekeway and Brown and Representatives Cronin and Hoffman

A LEGISLATIVE COMMEMORATION, Honoring and recognizing Collin Jensen on winning an individual state wrestling championship for Mobridge-Pollock High School.

WHEREAS, Collin Jensen finished his senior season with a perfect 45-0 record and earned the title of 2012 Class B Champion in the 220-pound weight class; and

WHEREAS, Jensen's historic wrestling career at Mobridge-Pollock High School includes records in two-point falls in both season and career categories and most pins in a season; and

WHEREAS, Jensen demonstrated high standards of achievement and leadership and proved himself to be a role model for his peers and all of the wrestlers around him:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Collin Jensen be honored and recognized for his outstanding performance in wrestling for Mobridge-Pollock High School.

SC 23 Introduced by: Senators Lederman, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Johnston, Juhnke, Kraus, Krebs, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Miller, Abdallah, Blake, Bolin, Boomgarden, Carson, Conzet, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Rausch, Romkema, Rozum, Schaefer, Schrempp, Scott, Sigdestad, Sly, Steele, Street, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Honoring and commending the citizens of South Dakota for their exemplary response to the Missouri River Flood of 2011.

WHEREAS, the Missouri River flooding was triggered by record snowfall and spring rainfall, causing all six major dams along the Missouri River basin to release unprecedented amounts of water; and

WHEREAS, thousands of homes and businesses in communities along the Missouri River were evacuated for a prolonged period of time due to the disaster; and

WHEREAS, countless volunteers from every corner of the state poured into the affected communities to aid victims of the flooding; and

WHEREAS, South Dakotans sprang into action and worked relentlessly to fill sandbags, build emergency levees, patrol the affected areas, man emergency operations centers, and aid homeowners during the tumultuous relocation process:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature honors the citizens of South Dakota for their persistence, hard work, and fellowship in addressing the Missouri River Flood of 2011.

SC 24 Introduced by: Senator Hunhoff (Jean) and Representatives Hunhoff (Bernie) and Moser

A LEGISLATIVE COMMEMORATION, Honoring the Yankton High School Girls' and Boys' Cross Country Teams for their outstanding performances at the 2011 State Class AA Cross Country Meet.

WHEREAS, the Yankton High School Cross Country Teams won the 2011 Combined State Class AA Cross Country Meet Championship under the direction of coaches Dave Dannenbring, Luke Youmans, and Doug Harr: and

WHEREAS, the members of the Yankton High School Girls' Cross Country Team include Alicia Aune, Jenna Grossenburg, Ashtyn Haak, Annie Kruse, Whitlee Larson, Tristan Olson, and Savannah Woods; and

WHEREAS, the members of the Yankton High School Boys' Cross Country Team include Evan Bergeson, Jacob Bies, Brice Cowman, Justin Grode, Kipp Kinsley, Ryan Olson, and Logan Smith; and

WHEREAS, the Yankton High School Cross Country Teams have displayed exemplary dedication to the sport with the girls' team claiming seven of the last nine state titles and the boys' team winning five of the last seven titles:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Yankton High School Girls' and Boys' Cross Country Teams be congratulated on winning the 2011 Combined State Class AA Cross Country Meet Championship.

SC 25 Introduced by: Senator Hunhoff (Jean) and Representatives Moser and Hunhoff (Bernie)

A LEGISLATIVE COMMEMORATION, Honoring the Yankton High School Girls' Cross Country Team for their outstanding performance at the 2011 State Class AA Girls' Cross Country Meet.

WHEREAS, the Yankton High School Girls' Cross Country Team became the 2011 State Class AA Girls' Cross Country Meet Champions under the direction of coaches Dave Dannenbring, Luke Youmans, and Doug Haar; and

WHEREAS, the members of Yankton High School Girls' Cross Country Team include Alicia Aune, Jenna Grossenburg, Ashtyn Haak, Annie Kruse, Whitlee Larson, Tristan Roy, and Savannah Woods; and

WHEREAS, the Yankton High School Girls' Cross Country Team showed character and dedication in achieving its goals on the road to a State Class AA Cross Country Meet Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Yankton High School Girls' Cross Country Team be congratulated on winning the 2011 State Class AA Girls' Cross Country Meet.

SC 26 Introduced by: Senators Vehle, Gray, Hansen (Tom), Holien, Hunhoff (Jean), Krebs, Novstrup (Al), and Tidemann and Representatives Carson, Abdallah, Dennert, Elliott, Feickert, Gibson, Hawley, Hunhoff (Bernie), Hunt, Magstadt, Moser, Munsterman, Novstrup (David), Perry, Rozum, Solum, Venner, and White

A LEGISLATIVE COMMEMORATION, Honoring Coach Gary Munsen for his many successes as the Mitchell Kernels High School basketball coach.

WHEREAS, Coach Gary Munsen has been the head coach of the Mitchell Kernels Boys' Basketball Team for thirty-nine years with an overall coaching record of 648 wins and 251 losses before district playoffs in the 2011-2012 season. Coach Munsen has been head coach of the Mitchell Kernels Girls' Basketball Team for thirteen years with a record of 229 wins and 71 losses; and

WHEREAS, Coach Munsen's commitment to coaching is illustrated best in the impressive achievements realized by his teams. Munsen coached nine boys' state championship titles out of thirty-three state tournament appearances while coaching at Mitchell. His teams hold the record for five consecutive ESD Titles, an all-time state record for forty straight wins for state classes "A" and "AA," and the state record for consecutive state tournament appearances with twenty (1983-2002). During Munsen's time as coach, he has coached seventy-eight all-tournament players and seventy-three all-state players; and

WHEREAS, Coach Munsen's example of an extraordinary coach and person will be present long after his retirement this year, and the lessons he has taught through the game of basketball will live on forever:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature commends and honors Coach Gary Munsen for his contributions to his community and state and the commitment and inspiration he has given to the students, athletes, staff, and people around him.

SC 27 Introduced by: Senators Frerichs, Bradford, Krebs, and Tieszen and Representatives Kloucek, Hunhoff (Bernie), Perry, and Venner

A LEGISLATIVE COMMEMORATION, Recognizing the commemoration of the 200^th anniversary of the reported death of Sacagawea in present day South Dakota.

WHEREAS, in his journal of Fort Manuel Lisa, which overlooked the Missouri River near the present day city of Kenel, Corson County, South Dakota, the trading post clerk John Luttig reported on December 20, 1812, “This evening the wife of Charbonneau, a Snake woman, died of a putrid fever. Aged about 25 years. She left an infant girl.”; and

WHEREAS, Sacagawea is most historically famous for being the only American woman, who with her husband and infant son, accompanied Captains Meriwether Lewis and William Clark on U.S. President Thomas Jefferson's Corps of Northwestern Discovery Expedition to the Pacific Coast and on the return trip during the years 1804 to 1806; and

WHEREAS, The Encounters On The Prairie - Central South Dakota Chapter of the Lewis and Clark Trail Heritage Foundation known as Keepers of the Story, Stewards of the Trail will be hosting a Regional LCTHF Meeting which will be open to the public in the South Dakota cities of Fort Pierre, Pierre, Mobridge, and Kenel on September 28, 29, and 30, 2012, to commemorate the bicentennial of the reported death of Sacagawea with presentations by scholarly Sacagawea, Lewis, and Clark speakers; and

WHEREAS, the South Dakota public, joined by historians and citizens from across the United States, are invited to join in the bicentennial commemoration honoring the life, death, and burial of Sacagawea outside the stockade walls of Fort Manuel Lisa in Corson County near Kenel, South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Seventh Legislature of the State of South Dakota, that the South Dakota Legislature recognizes the efforts to honor and to show respect for the memory of Sacagawea, commemorates the 200^th anniversary of the reported death of Sacagawea, and commends those who are organizing and those who will be participating in this historic bicentennial commemoration.

SC 28 Introduced by: Senator Holien and Representatives Magstadt and Solum

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Maren Johnson of Watertown as South Dakota's 2012 winner of the Prudential Spirit of Community Award.

WHEREAS, Maren Johnson, a student at Watertown High School, was named one of the top two youth volunteers in South Dakota in the 17^th annual Prudential Spirit of Community Awards, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, a program with participation of more than twenty-six thousand students across the nation; and

WHEREAS, Maren Johnson worked with the Global Soap Project to recruit more than one hundred sixty hotels in four states and Canada to collect over six thousand pounds of soap to be reprocessed and sent to communities in Africa and Haiti; and

WHEREAS, Maren Johnson set the highest standards in student achievement through her work as a volunteer and is certainly a role model for her peers and other students at Watertown High School; and

WHEREAS, Maren Johnson represents the best of South Dakota's youth and is an example of why the future of our state and nation is in good hands:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Maren Johnson of Watertown, South Dakota, be congratulated and honored for her selection as South Dakota's 2012 Prudential Spirit of Community Award winner.

Sen. Schlekeway moved that the Senate do now adjourn, which motion prevailed and at 3:45 p.m. the Senate adjourned.

Fee Jacobsen, Secretary