Senate Journal 2/12/2013 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 12, 2013

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

The prayer was offered by the Chaplain, Reverend Karl Kroger, followed by the Pledge of Allegiance led by Senate page Savanna Anderson.

Roll Call: All members present.

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 twentieth 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,

Corey Brown, Chair

Which motion prevailed.

The oath of office was administered by the President to the following named person:

Page: Chance Freese

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 8, 2013

Mr. President and Members of the Senate:

I have the honor to inform you that on February 8, 2013, I approved Senate Bills 37, 38, and 58, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

February 12, 2013

Mr. President and Members of the Senate:

I have the honor to inform you that on February 12, 2013, I approved Senate Bill 26, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 173 and 222 which were tabled.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 221 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 194 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 SB 76 and returns the same with the recommendation that said bill be amended as follows:

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On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. There is hereby created an innovation grant program in the Department of Education. Any school district or education service agency established pursuant to § 13-3-76 may apply for a grant through the program on forms provided by the department. The amount of funding provided to any school district or education service agency pursuant to this Act shall be matched dollar for dollar or in kind by the school district or education service agency receiving the grant, but the total amount of funding provided may not exceed the total amount appropriated by this Act.

The Board of Education shall select grant recipients from among the school districts and education service agencies that apply. Applicants shall demonstrate how the innovation for which the grant is sought will support and positively impact student achievement.

Section 2. The Board of Education shall promulgate rules pursuant to chapter 1-26 to establish the innovation grant application process and timelines.

Section 3. There is hereby appropriated from the general fund the sum of one dollar ($1), or so much thereof as may be necessary, to the Department of Education for the purpose of awarding innovation grants pursuant to this Act to school districts and education service agencies.

Section 4. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 5. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2014, shall revert in accordance with the procedures prescribed in chapter 4-8."

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On page 1, line 1, of the Senate Education Committee engrossed bill, delete everything after "An Act to" and insert "create an innovation grant program for school districts and education service agencies and to make an appropriation therefor.".

On page 1, delete line 2.

And that as so amended said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 230 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
J. Mark Johnston, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1125 and 1127 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 1097 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 Commerce and Energy respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:

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On page 43, line 3, of the House engrossed bill, after "(a)" insert "A foreign limited liability company may not do business in this state until it obtains a certificate of authority from the secretary of state.

(b)".

On page 44, line 3, overstrike "(b)" and insert "(c)".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ried S. Holien, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 176 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 116, 171, and 184 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 31 and returns the same with the recommendation that said bill be amended as follows which corrects a previous report:

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On page 1, line 2, of the printed bill, delete "two" and insert "three".

And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1002, 1067, 1084, 1158, and 1167 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved to amend the 2013 Session Calendar by moving Legislative Day 21 to Tuesday, February 12, 2013; Legislative Day 22 to Wednesday, February 13, 2013; Legislative Day 23 to Thursday, February 14, 2013; and Legislative Day 24 to Friday, February 15, 2013.

Which motion prevailed.

SCR 1 Introduced by: Senators Lucas, Ewing, Frerichs, Krebs, Otten (Ernie), Rampelberg, Rhoden, Vehle, and Welke and Representatives Hoffman, Bartling, Cammack, Craig, Duvall, Feickert, Gibson, Hawks, Kopp, May, Olson (Betty), Otten (Herman), Qualm, Schaefer, Schoenfish, Schrempp, and Verchio

A CONCURRENT RESOLUTION, Urging action by Congress on agricultural issues and the federal farm bill.

WHEREAS, current federal authorities for nutrition, farm risk management, conservation, energy, and other programs are set to expire on September 30, 2013, after Congress enacted a one-year extension of the 2008 farm bill, leaving the future of a multiyear bill uncertain; and

WHEREAS, the farm bill is important for every American because it provides critical investment in rural communities, conserves precious natural resources such as soil and water, provides food for schools and those less fortunate, and creates new sources of energy made here at home; and

WHEREAS, the farm bill provides farmers with risk management tools necessary for efficient, uninterrupted operations and gives farmers critical certainty about farm policy as they make operating decisions and deal with volatile weather conditions; and

WHEREAS, the expiration of the current farm bill will leave producers and lenders with uncertainty as to the level at which federal protections will be in place, which could result in the inability to secure funding for the upcoming planting season; and

WHEREAS, federal support for crop insurance remains an important need for agricultural producers, particularly as large parts of the nation are under severe drought conditions, making passage of the farm bill essential to providing meaningful and responsible aid to farmers in difficult times, resulting from poor or low yields, low prices, or high input costs; and

WHEREAS, agricultural producers rely on livestock disaster assistance programs that are contingent on approval of the farm bill, including the Livestock Indemnity Program, which partially compensates ranchers for livestock mortality caused by disasters, the Livestock Forage Program to assist ranchers who graze livestock on qualifying drought- or fire-affected pastureland, and the Emergency Livestock Assistance Program, which compensates producers for disaster losses not covered under other disaster programs; and

WHEREAS, the farm bill includes the Supplemental Nutrition Assistance Program (SNAP), The Emergency Food Assistance Program (TEFAP), and other nutrition assistance programs for which bipartisan solutions are needed; and

WHEREAS, the farm bill supports conservation programing at lower spending levels through consolidation and improved efficiency while strengthening and expanding agricultural conservation programs, which are a strategic investment in our country's agricultural infrastructure, including improving air and water quality and the protection of rural and urban watersheds; and

WHEREAS, United States agricultural production is a unique and diversified industry providing a wide variety of food and fiber products to local and national consumers and export markets and continues to be the driving force of commerce, employment, and income in rural America, accounting for sales in excess of $3.5 trillion dollars in 2011 and more than twenty percent of all United States jobs; and

WHEREAS, approximately ninety-one percent of our nation's farms are classified as small, and support of smaller-scale farmers in a local food system provides economic benefits to each region; and

WHEREAS, Agriculture is the keystone of rural America, supporting a critical combination of infrastructure and economic activity upon which nearly all other enterprises depend:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Eighth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the United States Congress to work in a cooperative, bipartisan fashion to pass a new, multiyear farm bill that is beneficial to agricultural producers from all regions of the country and includes comprehensive programs for dairy, livestock, insurance, nutrition, energy, research and development, market development, and specialty crops; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature urges the United States Congress to address the farm bill in a timely manner to ensure continuation of the vital aspects of federal farm policy that will enable the nation's agricultural producers to continue their operations and provide food security for this nation.

Was read the first time, the President waived the referral to committee, and placed SCR 1 on the calendar of Wednesday, February 13, the 22^nd legislative day.

HCR 1004: A CONCURRENT RESOLUTION, Expressing support for the 2013 South Dakota coordinated plan for natural resources conservation.

Was read the second time.

Sen. Krebs moved that the Senate do concur in HCR 1004 as found on page 302 of the House Journal.

The question being on Sen. Krebs' motion that HCR 1004 be concurred in.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Olson moved that the reports of the Standing Committees on

Appropriations on SB 190 as found on page 355 of the Senate Journal; also

Judiciary on HB 1074 as found on page 355 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to provide for the creation of a trust account for unlocatable mineral interest owners.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1067: FOR AN ACT ENTITLED, An Act to designate POW/MIA Recognition Day as a working holiday.

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

HB 1084: FOR AN ACT ENTITLED, An Act to designate Purple Heart Recognition Day as a working holiday.

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

HB 1158: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the posting of public notice for meetings of public bodies.

Was read the first time and referred to the Committee on Local Government.

HB 1167: FOR AN ACT ENTITLED, An Act to restructure the policy advisory committee for animal damage control.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

CONSIDERATION OF CONSENT CALENDAR APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Brent Dykstra of Stanley County, Ft. Pierre, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive appointment of Brent Dykstra pursuant to the executive message as found on page 215 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 Roger P. Novotny of Stanley County, Ft. Pierre, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive appointment of Roger P. Novotny pursuant to the executive message as found on page 216 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 Charles M. Turbiville of Lawrence County, Deadwood, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive appointment of Charles M. Turbiville pursuant to the executive message as found on page 215 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 Tom Graham of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Tom Graham pursuant to the executive message as found on page 217 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Lucas requested that HB 1070 be removed from the Consent Calendar.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 224: FOR AN ACT ENTITLED, An Act to revise and repeal certain aviation statutes and to increase certain related fees.

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

224cb

Sen. Adelstein moved that SB 224 be amended as follows:

On page 49 of the printed bill, delete lines 19 to 23, inclusive.

Which motion lost.

The question being "Shall SB 224 pass as amended?"

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

Yeas:
Heineman (Phyllis); Hunhoff (Jean); Jones; Lederman; Monroe; Novstrup (Al); Olson (Russell); Rave; Soholt; Sutton; Tieszen; Vehle; Welke; White

Nays:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Jensen; Johnston; Kirkeby; Krebs; Lucas; Maher; Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Tidemann; Van Gerpen

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

SB 185: FOR AN ACT ENTITLED, An Act to clarify the authority of the interim rules review committee.

Was read the second time.

185sa

Sen. Hunhoff moved that SB 185 be amended as follows:

On page 1, line 9, of the printed bill, delete "propose" and insert "consider".

On page 1, line 9, delete "adopted" and insert "proposed".

On page 1, line 10, delete "adopted" and insert "proposed".

On page 1, line 13, delete "propose an amendment to an adopted" and insert "consider amendments to the proposed".

On page 2, line 1, delete "under subdivision (2) of section 1 of this Act".

On page 2, line 2, delete "Only".

On page 2, delete lines 3 and 4.

On page 2, line 5, delete "of this section."

On page 2, delete lines 8 to 14, inclusive.

Which motion prevailed.

The question being "Shall SB 185 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

SB 132: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

Was read the second time.

The question being "Shall SB 132 pass?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Lederman; Maher; Novstrup (Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Jones; Krebs; Lucas; Monroe; Otten (Ernie); Rhoden

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.

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.

Was read the second time.

153sa

Sen. Olson moved that SB 153 be amended as follows:

On page 2, line 4, of the Senate State Affairs Committee engrossed bill, delete "as defined in section 18 of this".

On page 2, line 5, delete "Act and".

On page 3, line 14, delete ", and the".

On page 3, line 15, delete everything before "."

On page 13, delete lines 16 to 24, inclusive.

On page 14, delete lines 1 to 6, inclusive.

On page 18, line 13, delete everything after "voters" and insert ".".

On page 18, line 14, overstrike everything before "may" .

On page 23, line 3, remove the overstrikes from everything after "by" .

On page 23, line 3, delete "section 18 of this Act".

Which motion lost.

The question being "Shall SB 153 pass as amended?"

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

Yeas:
Begalka; Bradford; Buhl; Ewing; Frerichs; Hunhoff (Jean); Jones; Krebs; Lucas; Maher; Otten (Ernie); Rhoden; Soholt; Sutton; Tidemann; Van Gerpen; Vehle; Welke; White

Nays:
Adelstein; Brown; Heineman (Phyllis); Holien; Jensen; Johnston; Kirkeby; Lederman; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Tieszen

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.

SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XI of the Constitution of the State of South Dakota, relating to the vote required to increase taxes.

Was read the second time.

The question being "Shall SJR 2 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rave; Rhoden; Soholt; Tidemann; Van Gerpen; Vehle; White

Nays:
Adelstein; Bradford; Buhl; Frerichs; Jones; Lucas; Rampelberg; Sutton; Tieszen; Welke

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

SB 205: FOR AN ACT ENTITLED, An Act to authorize the hunting of wolves in certain circumstances.

Was read the second time.

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Sen. Vehle moved that SB 205 be amended as follows:

On page 1, line 8, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "may" insert "only".

Which motion prevailed.

The question being "Shall SB 205 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

SB 169: FOR AN ACT ENTITLED, An Act to provide for the assignment of insurance payments for ambulance service providers.

Was read the second time.

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Sen. Brown moved that SB 169 be amended as follows:

On page 1, line 6, of the printed bill, delete "person insured by a".

On page 1, line 8, delete everything after "corporation" and insert "shall offer participating provider status to each".

On page 1, line 9, delete everything after "If" and insert "the offer of participating status is rejected by the ambulance service, an insured person may execute an assignment of the benefits payable under the person's insurance plan, and".

On page 1, line 10, delete everything before "the insurance" .

On page 1, line 12, delete everything after "." and insert "However, if the ambulance service is offered and rejects participating status, it shall hold the insured person harmless for any balance of the benefits not paid by the insurance company, health maintenance organization, preferred provider organization, individual practice association, or nonprofit hospital service corporation.".

On page 1, delete lines 13 and 14.

On page 2, delete line 1.

Sen. Kirkeby requested that Joint Rule 5-17 be invoked on SB 169.

Which request was supported and SB 169 with Sen. Brown's pending motion to amend was deferred until February 14, the 23^rd legislative day.

Sen. Olson moved that the remainder of the calendar including SB 215 and SJR 1 and SB 166, 207, 157, 151, 198, 138, 10, 11, 189, and 111 and HB 1019, 1020, 1091, 1011, 1071, 1072, and 1073 be deferred to Wednesday, February 13, the 22^nd legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 9 Introduced by: Senator Bradford and Representative May

A LEGISLATIVE COMMEMORATION, Commending and honoring the Wall School District Board of Education, on receiving the Associated School Boards of South Dakota School Board Award of Excellence for 2013.

WHEREAS, the Wall School Board exemplifies the traits of a highly effective school board, and focuses its time and energy to improve achievement for all students; and

WHEREAS, the Wall School Board is forward-thinking and continually focused on preparing students to succeed in the twenty-first century; and

WHEREAS, the Wall School Board has exemplified how committed local leaders can truly impact the future of our children, our communities, and our state; and

WHEREAS, the Wall School District developed the vision, "A district of innovation and inspiration striving for academic excellence," which communicates high expectations; and

WHEREAS, the Wall School Board's mission statement, to empower all students to fully develop their potential to succeed in an ever- changing world, emphasizes the focus on students:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that, during 2013, the Wall School Board is hereby an official representative of the state, and shall continue in its efforts to seek improvement of the educational opportunities for elementary and secondary students of the state.

SC 10 Introduced by: Senators Welke, Begalka, Bradford, Brown, Buhl, Johnston, Jones, Kirkeby, Monroe, and Tieszen and Representatives Greenfield, Feickert, Hawks, Kaiser, Kirschman, Miller, Novstrup (David), Peterson, Qualm, Rasmussen, Ring, Schoenfish, Sly, Solum, Tulson, and Verchio

A LEGISLATIVE COMMEMORATION, Commending and honoring the Warner Monarch Girls Volleyball Team on their 2012 Class B State Championship.

WHEREAS, the Warner High School Monarch Girls Volleyball Team, coached by Kari Jung with assistance by Bobbie Deuter, Carrie Herrboldt, and Taylor Rozell, completed the 2012 season with thirty-four wins and no losses and was named the MaxPreps Small School

Team of the year and the 2012 South Dakota Sportswriters High School Girls Team of the Year; and

WHEREAS, The Warner High School Monarch Girls Volleyball Team formed a cohesive group with contributions from all of its players, including: Kaitlyn Armstrong, Bailee Holscher, Emily Larson, Kaitlyn Boesl, Sidney Bierman, Mallory Testerman, Alyssa Jung, Ashley Rozell, Jaici Schlosser, Taylor Ellingson, Carly Rozell, Kari Gascoigne, Rachel Rogers, and Miranda Ristau; and

WHEREAS, three players from the Warner Monarch Team, Ashley Rozell, Carly Rozell, and Rachel Rogers were selected for the All-Tournament Team, Ashley Rozell was selected for first team All-State, and Rachel Rogers was selected for first team All-State and second team All-American; and

WHEREAS, Kari Jung, the Warner High School Monarch Girls Volleyball Coach was named the MaxPreps Small School Coach of the Year and the South Dakota Coaches Association Volleyball Coach of the Year:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Warner Monarch Girls Volleyball Team be commended and honored for winning the 2012 Class B State Championship.

SC 11 Introduced by: Senators Begalka, Bradford, Buhl, Ewing, Frerichs, Heineman (Phyllis), Holien, Hunhoff (Jean), Jensen, Jones, Kirkeby, Lederman, Lucas, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Peters, Rampelberg, Rave, Rhoden, Soholt, Sutton, Tidemann, Tieszen, Van Gerpen, Vehle, Welke, and White and Representatives Peterson, Bartling, Conzet, Cronin, Feickert, Feinstein, Gibson, Haggar (Jenna), Hansen, Hawks, Hawley, Heinemann (Leslie), Heinert, Hunhoff (Bernie), Killer, Kirschman, Lust, Magstadt, Munsterman, Nelson, Parsley, Ring, Rozum, Schoenfish, Schrempp, Sly, Soli, Stalzer, Steele, Tyler, Wick, and Wismer

A LEGISLATIVE COMMEMORATION, Acknowledging the Deubrook Area High School Football Team for winning the 2012 State 9AA Football Championship.

WHEREAS, the Deubrook Dolphins Football Team, with a 12-0 record, won the 2012 State 9AA Football Championship under the dedicated leadership of head coach Adolph Shepardson and assistant coaches Mick Thompson, Dave Moberg, Tim Cariveau, Chris Quail, and Bruce Johnson; and

WHEREAS, the Deubrook Area High School Football Team was held together by extraordinary unity and team spirit throughout the championship season by all of the players including Jacob Berndt, Ben Blees, Tyler Jensen, Riley Hanson, Jordan Wright, Michael Westberg, Taylor Olsen, Dustin Trooien, Dalton Kruse, Trent Johnson, Josh Kruse, Derek Kjenstad, Cory Byers, Ryan Knuston, Lukas Koch, Kevin Thibodeau, Jayden Rennich, CJ Kor, Mason Bandemer, Evan Sheffield, Kay Glatzer, Travis Thompson, Dallas Murphy, John Schultze, Brandon James, Trenten Kor, Hunter Wilts, Brandon Berndt, Colton Hanson, Quinn Petersen, Nathan Vostad, Dylan Vierhuf, Clayton Dahl, Coy Skroch, and Michael Goens; and

WHEREAS, all of the students, coaches, faculty, and the great communities of Astoria, Toronto, and White demonstrated outstanding support and sportsmanship during the quest to achieve the 2012 State 9AA Football Championship:

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

Sen. Olson moved that the Senate do now adjourn, which motion prevailed and at 4:22 p.m. the Senate adjourned.

Jeannette Schipper, Secretary