JOURNAL OF THE SENATE

NINETY-SECOND SESSION




NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 23, 2017

    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 Ella Graham.

    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 eighth 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.
    The oath of office was administered by the President to the following named persons:

    Pages _ Aaron Diekhoff, Michaela Flora, Ella Graham, Amber Hulse, Lauren Leisinger, Dara Ness, Kalder Ness, Lauren Rink, Madison Russell, Mariah Weich.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 7 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 49 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 Health and Human Services respectfully reports that it has had under consideration SB 48 and returns the same with the recommendation that said bill be amended as follows:

48sa

    On page 2, line 17, of the printed bill, delete "biannually" and insert "every two years".

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

Respectfully submitted,
Deb Soholt, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1019 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 1: A CONCURRENT RESOLUTION, Inviting President Donald J. Trump to visit the State of South Dakota, and most especially to visit Mount Rushmore and Crazy Horse Monument.

    Was read a second time.

    Sen. Bolin moved that SCR 1 as found on page 146 of the Senate Journal be adopted.

    The question being on Sen. Bolin's motion that SCR 1 be adopted.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0


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

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

    Sen. Bolin moved that SCR 2 be deferred to Tuesday, January 24th, the 10th legislative day.

    Which motion prevailed.

    Sen. Bolin moved that SCR 3 be deferred to Wednesday, January 25th, the 11th legislative day.

    Which motion prevailed.

    SCR 4 Introduced by: Senators Netherton, Bolin, Ewing, Frerichs, Greenfield (Brock), Haverly, Jensen (Phil), Klumb, Kolbeck, Maher, Monroe, Nelson, Novstrup, Rusch, Stalzer, and White and Representatives Howard, Beal, Brunner, Campbell, Chase, Clark, Dennert, DiSanto, Frye-Mueller, Glanzer, Goodwin, Gosch, Haggar, Haugaard, Hawley, Heinemann, Jensen (Kevin), Johnson, Kaiser, Kettwig, Latterell, Lesmeister, Livermont, Marty, McPherson, Pischke, Rasmussen, Rhoden, Rounds, Schaefer, Steinhauer, Tulson, Willadsen, and York

        A CONCURRENT RESOLUTION, Recognizing and finding that pornography is a public health crisis leading to a broad spectrum of individual and public health impacts and societal harms.

    WHEREAS, pornography is creating a public health crisis and its harms are beyond the capability of the individual to address alone; and

    WHEREAS, efforts to prevent pornography exposure and addiction, to educate individuals and families concerning the harms of pornography, and to develop recovery programs must be addressed systemically in ways that hold broader influences accountable in order to counter the sexually toxic environment pornography perpetuates; and

    WHEREAS, due to the advances in technology and the universal availability of the internet, young children are exposed to pornography at an alarming rate, with twenty-seven percent of older millennials, age twenty-five to thirty, reporting that they first viewed pornography before puberty; and

    WHEREAS, pornography leads to low self-esteem and eating disorders, increased problematic sexual activity at younger ages, and an increased desire to engage in risky sexual behavior as young adolescents; and

    WHEREAS, pornography often serves as children and youths' sex education and shapes their sexual templates; because pornography generally treats women as objects and commodities for the viewer's use, that generally teaches girls they are to be used and generally teaches boys to be users; and

    WHEREAS, pornography normalizes violence against and abuse of women and children by treating women and children as objects and often depicts rape and abuse as if it were harmless. Moreover, pornography equates violence towards women and children with sex and equates pain with pleasure which increases the demand for sex trafficking, prostitution, child sexual abuse, and child pornography; and

    WHEREAS, pornography has potential detrimental effects on excessive users such as: emotional, mental and medical illnesses, shaping deviant sexual arousals, difficulty forming or maintaining intimate relationships, diminished brain development and functioning, problematic or harmful sexual behaviors, and addiction; and

    WHEREAS, pornography use has a detrimental effect on the family as it is linked to lessening desire in young persons to marry, dissatisfaction in marriage, and infidelity:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature recognizes the public health crisis created by pornography in this state and acknowledges the need for education, prevention, research, and policy change at the community and societal level in order to address the epidemic that is harming the people of our state and our country as a whole.

    Was read the first time, the President waived the referral to committee, and placed SCR 4 on the calendar of Tuesday, January 24th, the 10th legislative day.

    SCR 5 Introduced by: Senators Heinert, Ewing, Frerichs, Greenfield (Brock), Haverly, Killer, Langer, Nesiba, Peters, Stalzer, Sutton, and Tidemann and Representatives May, Beal, Bordeaux, Carson, Conzet, Livermont, Otten (Herman), Schaefer, Schoenfish, Soli, Tieszen, and Wismer

        A CONCURRENT RESOLUTION, Endorsing the induction of Howard Hunter, Sr. into the Pro  Rodeo Hall of Fame.

    WHEREAS, Howard Hunter Sr., one of nine children, was born February 4, 1951, to Aloysius and Ethelyn Hunter and raised on the Oglala Lakota Reservation of South Dakota; and

    WHEREAS, after his first rodeo at age eleven in Gordon, Nebraska, Howard was destined to become one of South Dakota's greatest rodeo cowboys; and

    WHEREAS, Hunter possessed the pure athleticism and determination to excel and win the all-around title and team trophy for Oglala Community School in 1969 as the school's only entry at the South Dakota state highschool finals; and

    WHEREAS, in 1971 he took the South Dakota Rodeo Association (SDRA) year-end all-around cowboy runner-up honors as well as the saddle bronc title at the SDRA Finals; and

    WHEREAS, in 1972 Howard's entry to the Professional Rodeo Cowboys Association was supported by the three-time world saddle bronc champion Shawn Davis and South Dakota rodeo cowboy and rancher Charlie Colombe; and

    WHEREAS, as a pro saddle bronc rider, Howard Hunter qualified for many prestigious events such as the Wrangler National Finals Rodeo in 1976, 1979, and 1980; and

    WHEREAS, with extraordinary success Hunter won events at Cheyenne Frontier Days; the Denver Stock Show; San Antonio and El Paso, Texas Stock Shows; Phoenix, Arizona; North Platte and Burwell, Nebraska; Wyoming State Fair; Guymon, Oklahoma; Mississippi's Dixie National; Old Fort Smith Days; Ogden, Utah Pioneer Days; Ellensburg, Washington; and the Texas State Fair in Dallas; and

    WHEREAS, the five-time Professional Rodeo Cowboy Association Badlands circuit qualifier won two circuit championships in 1976 and 1982; and

    WHEREAS, Hunter captured eleven Great Plains Indian Rodeo Association saddle bronc championships on his way to fourteen qualifications to the Indian National Finals Rodeo where he claimed four world championships in 1980, 1987, 1988, and 1990; and

    WHEREAS, Hunter's rodeo career came to a tragic and sudden end, at age 44, when he fell with a bucking horse at the 1995 Crow Fair Indian Rodeo, sustaining severe head injuries and confining him to a wheel chair for the rest of his life; and

    WHEREAS, Howard Hunter, Sr. passed away on Easter Sunday, April 4, 2015, at his Kyle, South Dakota ranch home, surrounded by his life-long rodeo fans, including his wife, Annie; his children, Howard, Jr. and Stacie; and his many relatives and friends; and

    WHEREAS, given his larger-than-life legacy, both in and out of the rodeo arena, the Oglala Lakota-descendant cowboy was inducted into the South Dakota Rodeo Hall of Fame in 2001 and the Indian National Finals Rodeo Hall of Fame in 2012:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature of the State of South Dakota, the House of Representatives concurring therein, the South Dakota Legislature heartily and without reservation endorses the induction of Howard Hunter, Sr. into the Pro Rodeo Hall of Fame; and

    BE IT FURTHER RESOLVED,  due to his talent, superb skill, and integrity, the induction of Howard Hunter Sr. into the Pro Rodeo Hall of Fame would honor a South Dakota Plains ranch lifestyle, a set of solid values, and a life well lived that are as relevant today as at any time in the history of our nation; and

    BE IT FURTHER RESOLVED, that through the nomination of Howard Hunter, Sr., the Selection Committee of the Pro Rodeo Hall of Fame has the opportunity to honor one of the most talented and deserving bronc riders that ever measured a bronc rein or nodded for a gate.

    Was read the first time, the President waived the referral to committee, and placed SCR 5 on the calendar of Tuesday, January 24th, the 10th legislative day.

    Sen. Curd moved that SB 27 be placed to follow SB 44 on today's calendar.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 59 as found on page 144 of the Senate Journal; also

    Joint Committee on Appropriations on SB 17 and SB 18 as found on page 145 of the
be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 72 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Heinert, Nelson, Netherton, and Russell and Representatives Pischke, Clark, Dennert, Frye-Mueller, Gosch, Greenfield (Lana), Haugaard, Howard, Kaiser, Latterell, Marty, May, Rasmussen, Smith, and Zikmund

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody of a minor.

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

    SB 73 Introduced by: Senators Heinert, Frerichs, Greenfield (Brock), Haverly, Jensen (Phil), Killer, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tidemann, and Wiik and Representatives Wollmann, Bartling, Bordeaux, Dennert, Duvall, Haggar, Hawley, Heinemann, Lesmeister, Livermont, Lust, May, McCleerey, Otten (Herman), Ring, Rounds, Schaefer, Schoenfish, Smith, Soli, Tieszen, and Wismer

    FOR AN ACT ENTITLED, An Act to provide a special tribal veteran license plate for certain motor vehicles.

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


    SB 74 Introduced by: Senators Heinert, Cammack, Ewing, Frerichs, Greenfield (Brock), Haverly, Jensen (Phil), Killer, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tidemann, and Wiik and Representatives Livermont, Bartling, Bordeaux, Dennert, Duvall, Haggar, Hawley, Heinemann, Lesmeister, Lust, May, McCleerey, Otten (Herman), Ring, Rounds, Schaefer, Schoenfish, Smith, Soli, and Tieszen

    FOR AN ACT ENTITLED, An Act to exempt the elected members of the governing board of any federally recognized Indian tribe from the requirement to register as lobbyists.

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

    SB 75 Introduced by: Senators Rusch, Bolin, Frerichs, Greenfield (Brock), Haverly, Heinert, Nesiba, Novstrup, White, and Wiik and Representatives Ring, Johnson, Lesmeister, McCleerey, Rasmussen, Smith, and Wismer

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purchase from a municipality of malt beverages by certain alcoholic beverage licensees.

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

    SB 76 Introduced by: Senators Bolin, Nelson, Netherton, and Stalzer and Representatives Steinhauer and Campbell

    FOR AN ACT ENTITLED, An Act to prohibit the state from using federal funds for certain state highway maps.

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

    SB 77 Introduced by: Senators Otten (Ernie), Nelson, Rusch, Russell, and Stalzer and Representatives Haggar, Haugaard, Otten (Herman), and Tieszen

    FOR AN ACT ENTITLED, An Act to provide for a fiscal note for any initiated measure or initiated amendment to the Constitution that would have a fiscal impact on the state.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the salary of the executive director of the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.



CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Jerry Cope of Pennington County, Rapid City, South Dakota, to the South Dakota State Railroad Board.

    The question being “Does the Senate advise and consent to the executive reappointment of Jerry Cope pursuant to the executive message as found on page 31 of the Senate Journal?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    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 Harlan J. Quenzer of Davison County, Mitchell, South Dakota, to the South Dakota State Railroad Board.

    The question being “Does the Senate advise and consent to the executive reappointment of Harlan J. Quenzer pursuant to the executive message as found on page 31 of the Senate Journal?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    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

    SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons requesting an abstract of their own driver operating record.

    Was read the second time.

    The question being “Shall SB 42 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    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 SENATE BILLS AND JOINT RESOLUTIONS

    SB 14: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 14 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    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.


    SB 15: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 15 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    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.

    SB 24: FOR AN ACT ENTITLED, An Act to classify vehicular homicide as a crime of violence.

    Was read the second time.

    The question being “Shall SB 24 pass?”

    And the roll being called:

    Yeas 16, Nays 19, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Curd; Ewing; Greenfield (Brock); Jensen (Phil); Kennedy; Klumb; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Russell; Stalzer; Wiik

    Nays:
Cronin; Frerichs; Haverly; Heinert; Killer; Kolbeck; Langer; Maher; Nesiba; Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tapio; Tidemann; White; Youngberg

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

    Sen. Curd moved that the balance of the calendar including SB 27, 30, 1, 4, and 44 be deferred to Tuesday, January 24th, the 10th legislative day.

    Which motion prevailed.


COMMEMORATIONS

    SC 2 Introduced by: Senators Novstrup and Greenfield (Brock) and Representatives Greenfield (Lana), Dennert, Kaiser, and Tulson

        A LEGISLATIVE COMMEMORATION, Commending and honoring members of the Aberdeen School Board on receiving the Associated School Board Award of Excellence for 2016.

    WHEREAS, the seven-member board has a combined seventy-four years of dedicated service to the Aberdeen School District, which has resulted in monumental changes and tremendous outcomes for all district stakeholders; and

    WHEREAS, over the years, the board has engaged in a rigorous visioning process that helps establish annual goals to set the direction for the school district, and these goals are communicated publicly with periodic progress updates provided throughout the school year; and

    WHEREAS, as district enrollment continued to grow, the school board sought feedback from district patrons regarding options to alleviate overcrowding in existing elementary schools, and decided to open Mike Miller Elementary School in the fall of 2016; this is the first new attendance center added to the district since 1972; and

    WHEREAS, the board recognizes the need to provide a multitude of learning opportunities for students and was instrumental in the opening of the new A-TEC Career and Technical Education facility on the campus of Central High School this past fall. This move provided additional learning opportunities for Aberdeen and area school students, and provided a stronger connection for workforce development opportunities within the community:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that during 2017, the Aberdeen School Board is hereby an official representative of the state and shall continue in their efforts to seek improvement of the educational opportunities for the K-12 students of the state.

    SC 3 Introduced by: Senator Monroe and Representatives Duvall and Rounds

        A LEGISLATIVE COMMEMORATION, Commending and honoring Sarah Carter, a member of the Stanley County School District Board of Education, on her selection as the Associated School Boards of South Dakota Outstanding School Board Member of South Dakota for 2016.

    WHEREAS, Sarah has served the Stanley County School Board for six years and, in that time, has been a strong advocate for kids; under her leadership as president of the board, Sarah helped oversee the construction of a new elementary school, the implementation of an Rtl program and an adjusted school calendar, and an expansion of dual and CTE credit opportunities; and

    WHEREAS, Sarah sets high expectations and leads by example; she works tirelessly to ensure that both high and low achieving students have the opportunity to reach their potential; and

    WHEREAS, in working with her board, Sarah has focused on improving student achievement, and, as a result, new assessments were implemented to measure student academic progress, parent-school communication regarding curriculum improved, online credit recovery programs were established, and ACT Work Keys assessments were implemented; and

    WHEREAS, Sarah is highly visible in her community, engaged in school district activities, very supportive of the teachers in her district, and a proven leader:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that during 2017, Sarah Carter, Fort Pierre, South Dakota, is hereby an official representative of the state and shall continue in her efforts to seek improvement of the educational opportunities for the K-12 students of the state.

    SC 4 Introduced by: Senators Nelson and Stalzer and Representatives Kaiser, Campbell, Hawley, and Turbiville

        A LEGISLATIVE COMMEMORATION, Posthumously honoring USAF OSI Special Agent Staff Sergeant Peter W. Taub.

    WHEREAS, Peter W. Taub volunteered to serve in the United States Air Force from Wyncote, Pennsylvania, was a member of the Ellsworth Air Force Base community, and selflessly paid the terrible costs for our freedoms while serving in Afghanistan on December 21, 2015; and

    WHEREAS, Special Agent Peter W. Taub was a member of the Air Force's vaunted Office of Special Investigation (OSI). His service, and ultimate sacrifice incurred while being the Eyes of the Eagle, were in keeping with the highest traditions of South Dakota's veterans, federal law enforcement, and the United States Armed Forces; and

    WHEREAS, freedom is not free, especially to those families who are forced to forever bear the unbearable. Sharing the full measure of this for our nation are Peter's wife Mrs. Christina M. Paar Taub, young daughters Penelope and Petra Taub, parents Mr. Joel and Donna Taub, Mrs. Arlene and Allen Wagner, siblings John and Christina, and parents-in-law Brian and Rhonda Manley; and

    WHEREAS, we feel how weak and fruitless must be any words of ours which shall attempt to beguile the family and friends from the grief of a loss so overwhelming. But we cannot refrain from even now tendering the consolation that may be found in this heartfelt appreciation and respect of the people of South Dakota whose freedoms Peter died helping to protect and preserve; and

    WHEREAS, we pray that our Heavenly Father may assuage the anguish of his family's and friends' bereavement, and leave them only the cherished memory of the loved and lost, and the solemn pride that is theirs to have laid so costly a sacrifice upon the altar of freedom:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Special Agent Peter W. Taub is posthumously honored, commended, and remembered for his service and noble sacrifices, by the people of South Dakota. In token of South Dakota's shared perpetual grief at his loss, their respect and appreciation for his service and sacrifice, this commemoration is enrolled and appropriately immortalized for posterity. Requiescat in pace.

    SC 5 Introduced by: Senators Nelson and Klumb

        A LEGISLATIVE COMMEMORATION, Posthumously honoring, commending, and remembering Roger Allen for over forty-five years of dedicated service as an educator to the youth and families of the Mitchell School District and Dakota Wesleyan University.

    WHEREAS, Roger Allen graduated from Mitchell High School in 1956 and attended Dakota Wesleyan University earning a Bachelor of Science degree in teaching in 1960. He received his master's degree in 1963 at South Dakota State University; and

    WHEREAS, Mr. Allen began teaching at Mitchell High School in 1963 where he taught for thirty-seven years, becoming the chair of the English Department. After retiring, Mr. Allen went on to teach for another eight years as an Assistant Professor of Communications at Dakota Wesleyan University. Never really retiring, Mr. Allen, true to his indomitable spirit, continued to substitute teach at schools in the Mitchell area as long as he could physically do so; and

    WHEREAS, Mr. Allen demonstrated a life-long tireless love for his community and profession. He served many years in various capacities for the Mitchell Education Association, the South Dakota Education Association, Association of Classroom Teachers, National Education Association, the Corn Palace Committee, Mitchell Elks, Mitchell Centennial Committee, and the Mitchell Community Theater; and

    WHEREAS, it is meet and right for the great people of South Dakota to join the Mitchell School District and Dakota Wesleyan University in celebrating the life of public service of a caring educator who contributed to the success of so many South Dakotans:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Mr. Roger Allen is posthumously thanked, honored, remembered, and commemorated for his many years of dedication to educating young South Dakotans and ensuring the bright future of this great state. "Good night, sweet prince: And flights of angels sing thee to thy rest!" Requiescat in pace.

    Sen. Langer moved that the Senate do now adjourn, which motion prevailed and at 3:07 p.m. the Senate adjourned.

Kay Johnson, Secretary