Senate Journal 3/1/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 1, 2011

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Jesse Todd.

Roll Call: All members present except Sen. Buhl 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-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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1062, 1067, and 1154 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1040, 1069, and 1155 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1208 and returns the same with the recommendation that said bill be amended as follows:

1208ce

On page 1 of the House engrossed bill, delete lines 5 to 15, inclusive, and insert:

"Section 1. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 to provide for the training of school bus drivers and attendants."

Delete page 2.

On page 3, delete lines 1 to 9, inclusive.

1208ctd

On page 1, line 1, of the House engrossed bill, delete everything after "An Act to" and insert "require the Board of Education to promulgate rules providing for the training of school bus drivers".

On page 1, line 2, delete everything before "," .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1093 and 1229 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1033 and 1148 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1180 and 1256 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 Commerce and Energy respectfully reports that it has had under consideration HB 1144 and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Eldon Nygaard, Vice Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 10, 11, 12, 13, 20, 22, 32, 34, 36, 39, 46, 51, 52, 67, 69, 89, 94, 98, 119, and 139 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 2, 4, 6, 23, 25, 26, 27, 28, 37, 38, 53, 61, 62, 75, 90, and 106 were delivered to his Excellency, the Governor, for his approval at 10:04 a.m., March 1, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 55 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1013 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1245 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 10, 11, 12, 13, 20, 22, 32, 34, 36, 46, 51, 52, 67, 69, 89, 94, 98, 119, and 139 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Maher moved that the Senate do not concur in House amendments to SB 96 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. Rave, Maher, and Frerichs.

HCR 1013: A CONCURRENT RESOLUTION, Recognizing March 2, 2011, as Law Enforcement Appreciation Day in South Dakota.

Was read the first time, the President waived the referral to committee, and placed HCR 1013 on the calendar of Wednesday, March 2, the 31^st legislative day.

Sen. Olson moved that SCR 7 be deferred to Thursday, March 3, the 32^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Nelson moved that the report of the Conference Committee on HB 1034 as found on page 548 of the Senate Journal be adopted.

The question being on Sen. Nelson's motion that the report of the Conference Committee on HB 1034 be adopted.

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Garnos; Gray; Haverly; Heineman; Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Vehle

Nays:
Bradford; Frerichs; Hansen (Tom); Hundstad; Johnston; Sutton; Tieszen

Excused:
Buhl

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.

CONSIDERATION OF REPORT OF COMMITTEE

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

State Affairs on HB 1130 as found on page 547 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Paul Symens of Marshall County, Amherst, South Dakota, to the Housing Development Authority.

The question being "Does the Senate advise and consent to the executive appointment of Paul Symens pursuant to the executive message as found on page 270 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Buhl

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 Bill Hansen of Turner County, Centerville, South Dakota, to the Housing Development Authority.

The question being "Does the Senate advise and consent to the executive appointment of Bill Hansen pursuant to the executive message as found on page 264 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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 reappointment of Brent Dykstra of Stanley County, Ft. Pierre, South Dakota, to the Housing Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Brent Dykstra pursuant to the executive message as found on page 265 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

The Senate proceeded to the consideration of the executive reappointment of Linda Barker of Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Linda Barker pursuant to the executive message as found on page 265 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1245: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the salary and travel reimbursements for county veterans' service officers.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1104: FOR AN ACT ENTITLED, An Act to revise the deadline for withdrawing from a primary election.

Was read the second time.

The question being "Shall HB 1104 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

HB 1179: FOR AN ACT ENTITLED, An Act to permit local political subdivisions with volunteer advanced life support personnel to establish deferred compensation plans.

Was read the second time.

The question being "Shall HB 1179 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that HB 1157, 1174, 1215, 1217, 1231, 1232, 1234, and 1244 be deferred to Wednesday, March 2, the 31^st legislative day.

Which motion prevailed.

HB 1008: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expend higher education facilities funds to maintain and repair certain facilities occupied under capital leases.

Was read the second time.

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

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Maher

Excused:
Buhl

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship program.

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

The question being "Shall HB 1175 pass as amended?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Adelstein; Cutler; Frerichs; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Hundstad; Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Bradford; Brown; Fryslie; Holien; Hunhoff (Jean); Maher; Peters; Putnam

Excused:
Buhl

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1196: FOR AN ACT ENTITLED, An Act to provide for the establishment of veterans resource centers at certain state colleges and universities.

Was read the second time.

The question being "Shall HB 1196 pass as amended?"

And the roll being called:

Yeas 10, Nays 24, Excused 1, Absent 0

Yeas:
Adelstein; Frerichs; Hansen (Tom); Hundstad; Krebs; Lederman; Nygaard; Rhoden; Schlekeway; Sutton

Nays:
Begalka; Bradford; Brown; Cutler; Fryslie; Garnos; Gray; Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Tidemann; Tieszen; Vehle

Excused:
Buhl

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

HB 1207: FOR AN ACT ENTITLED, An Act to allow the consignment or auction of certain out-of-state vehicles and motorcycles.

Was read the second time.

The question being "Shall HB 1207 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Begalka

Excused:
Buhl

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1248: FOR AN ACT ENTITLED, An Act to repeal the sunset of the one-half percent increase in the gross receipts tax imposed on visitor-related businesses.

Was read the second time.

1248ob

Sen. Maher moved that HB 1248 be further amended as follows:

On page 1 of the House State Affairs Committee engrossed bill, delete lines 4 and 5, and insert:

"Section 1. That section 2 of chapter 54 of the 2009 Session Laws be amended to read as follows:

Section 2. The provisions of section 1 of this Act are repealed on ~~June 30, 2011~~ December 31, 2012."

Which motion prevailed.

1248ra

Sen. Hundstad moved that HB 1248 be further amended as follows:

On page 1, after line 6 of the House State Affairs Committee engrossed bill, insert:

"Section 3. The proceeds from the tax increase provided for in this Act shall be deposited in the state highway fund and are dedicated to highway maintenance."

Which motion lost.

1248xa

Sen. Nelson moved that HB 1248 be further amended as follows:

On the previously adopted amendment (1248ob), delete "~~June 30, 2011~~ December 31, 2012" and insert "June 30, ~~2011~~ 2013".

Which motion lost.

The question being "Shall HB 1248 pass as amended?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Adelstein; Bradford; Brown; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Gray; Holien; Hundstad; Maher; Novstrup (Al); Peters

Excused:
Buhl

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

The question being on the title.

1248xta

Sen. Olson moved that the title to HB 1248 be amended as follows:

On page 1, line 1, of the House State Affairs Committee engrossed bill, delete "repeal" and insert "extend".

Which motion prevailed.

HB 1201: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water development districts.

Was read the second time.

The question being "Shall HB 1201 pass as amended?"

And the roll being called:

Yeas 8, Nays 26, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Frerichs; Lederman; Nygaard; Rhoden; Tieszen

Nays:
Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway; Sutton; Tidemann; Vehle

Excused:
Buhl

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

HB 1053: FOR AN ACT ENTITLED, An Act to repeal the requirement to provide notice to abutting counties when changing the county plan or ordinances.

Was read the second time.

The question being "Shall HB 1053 pass?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Cutler; Frerichs; Garnos; Gray; Hansen (Tom); Holien; Hundstad; Lederman; Maher; Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen

Nays:
Bradford; Fryslie; Haverly; Heineman; Hunhoff (Jean); Johnston; Kraus; Krebs; Nelson (Tom); Peters; Vehle

Excused:
Buhl

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

HB 1149: FOR AN ACT ENTITLED, An Act to allow legal residents of the United States to obtain a concealed pistol permit.

Was read the second time.

The question being "Shall HB 1149 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Novstrup (Al)

Excused:
Buhl

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

COMMEMORATIONS

SC 16 Introduced by: Senators Begalka, Adelstein, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Rausch, Blake, Bolin, Brunner, Carson, Cronin, Deelstra, Dennert, Dryden, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Jones, Kirkeby, Kirschman, Kloucek, Kopp, Lucas, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Romkema, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tulson, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Congratulating the Deuel High School Girls Gymnastics Team for winning the State Class A Gymnastics Team Tournament on February 18, 2011.

WHEREAS, Deuel High School had never won a state gymnastics title in the school's history; and

WHEREAS, the Deuel High School Gymnastics Team ended the sixteen year consecutive winning streak of Madison High School with an all-time State Class A record team score of 144.645; and

WHEREAS, the State Class A Gymnastics winning teammates are Jerra Olson, Hailey Schake, Erika Thiewes, Breanna Stoltenburg, Sam Wiekamp, Alex Stein, Karina Noem, and Meaghan Sievers; and

WHEREAS, coach Lynn Gudmundson, assistant coach Joan Niemann, and student managers Mara Niemann, Karli Hintz, and Rachel Thiewes directed the team with dedication and determination; and

WHEREAS, sophomore Sam Wiekamp won all four Class A individual events and All-Around, each with a new all-time high score, and she currently holds sixteen individual titles, a new record in both Class A and Class AA; and

WHEREAS, eighth grader Meaghann Sievers finished second in each of the five categories, eclipsing the previous all-time All-Around score; and

WHEREAS, sophomore Alex Stein was also named to the All-Tourney Team by placing ninth in All-Around:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Deuel High School Girls Gymnastics Team be honored for its achievements at the 2011 State Class A Gymnastics Tournament.

SC 17 Introduced by: Senators Brown, Adelstein, Begalka, Bradford, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Cronin, Abdallah, Bolin, Brunner, Carson, Conzet, Deelstra, Dennert, Dryden, Elliott, Fargen, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Perry, Rausch, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tulson, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Commending and honoring Jim Schlekeway, a teacher in the Mobridge-Pollock School District, on his retirement from the school district after forty-three exceptional years in education.

WHEREAS, Jim Schlekeway has been an outstanding educator in the classroom and on the hard court for forty-three years teaching government, social studies, and physical education at Sioux Falls O'Gorman, Todd County, Bloomington, Minnesota, and for the past thirty years in Mobridge; and

WHEREAS, Mr. Schlekeway has been a leader of his peers and colleagues in improving student achievement levels by recognizing the strengths of all his students; and

WHEREAS, Mr. Schlekeway has been a tremendous mentor of teachers, coaches, and students over the past four decades, has taught and coached well over four thousand students, and has been honored as "Teacher of the Year" in the Mobridge-Pollock School District five times; and

WHEREAS, Mr. Schlekeway is widely respected as one of the outstanding coaches in the state, has four hundred ninety-nine victories in boys basketball as of February 24, 2011, and has logged close to three hundred thousand miles across the state in a bus as a coach of football, basketball, track, and golf; and

WHEREAS, Mr. Schlekeway has always been a voice of the student who did not have a voice and inspired thousands of students and athletes to move forward in life by building confidence in them and by believing in each of them:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Jim Schlekeway be commended and honored for his dedication to the teaching profession and the encouragement and inspiration he has given to thousands of students.

SC 18 Introduced by: Senator Hunhoff (Jean) and Representatives Moser, Gibson, and Hunhoff (Bernie)

A LEGISLATIVE COMMEMORATION, Honoring the city of Yankton on the one hundred fiftieth anniversary of its establishment as the capital of Dakota Territory.

WHEREAS, Native Americans had a permanent camp near the juncture of the James and Missouri Rivers more than 200 hundred years ago and called it Ihanktonwan (end village), a name later abbreviated to Yankton; and

WHEREAS, the American explorers Lewis and Clark visited the Sioux village of Ihanktonwan in both 1804 and 1806 on their famous adventures along the Missouri River valley; and

WHEREAS, white settlers built one of their first permanent dwellings, the Frost-Todd Trading Post, in 1857 at the site which was then known also as Strike-the-Ree's Camp in honor of the famous chief of the Yanktonnais; and

WHEREAS, President James Buchanan named Yankton the capital of Dakota Territory on March 2, 1861, in the closing hours of his presidency; and

WHEREAS, two days later, President Abraham Lincoln appointed his personal physician, William Jayne, to become the first Governor of Dakota Territory on March 4, 1861; and

WHEREAS, territorial Governors, legislators, and other politicians and pioneers boldly trail-blazed the development of South Dakota as well as neighboring North Dakota, Montana, and Wyoming, accomplishing many great deeds that benefit the citizens of these states to this very day; and

WHEREAS, all South Dakotans will note the anniversary of these momentous events in Dakota Territory with a celebration June 2-4, 2011, to include an historical pageant, concerts, music, and other activities; and

WHEREAS, the Dakota Territorial Museum in Yankton will host celebrations through the summer to highlight Territorial Days and the accomplishments of early citizens who promoted the region to settlers and town-builders, and supplied their journeys of new beginnings; and

WHEREAS, Yankton's citizens have enriched America's culture through achievements in the arts, medicine, history, education, athletics, and public service:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature celebrates the anniversary of Yankton, South Dakota,

becoming the capital of Dakota Territory one hundred fifty years ago and calls upon the people of South Dakota to join Yanktonians in celebrating the "Mother City of the Dakotas."

Sen. Tidemann moved that the Senate do now adjourn, which motion prevailed and at 4:07 p.m. the Senate adjourned.

Trudy Evenstad, Secretary