Senate Journal 1/18/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 18, 2018

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

The prayer was offered by the Chaplain, Rev. Seth LaBounty, followed by the Pledge of Allegiance led by Senate page Grace Bakken.

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 sixth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Brock L. Greenfield, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill be amended as follows:

67oa

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 26-7A be amended by adding a NEW SECTION to read:

A person over the age of eighteen may petition a court for the expungement of a delinquency record that resulted from that person being a victim of human trafficking, as defined in § 22-49-1, or sexual exploitation, as defined in § 22-22-24.3. An expungement under this section vacates the underlying delinquency proceeding."

And that as so amended said bill do pass.

Respectfully submitted,
Arthur L. Rusch, Vice Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 73 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Dale Clement of Pennington County, Rapid City, South Dakota, to the Board of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Jeffory A. Erickson of Lincoln County, Sioux Falls, South Dakota, to the Board of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Michael V. Luken of Codington County, Watertown, South Dakota, to the Board of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill be amended as follows:

24fa

On page 1 of the printed bill, delete line 6, and insert:

" [Section 21.] The provisions of this Act are repealed on ~~June 30, 2018~~ July 1, 2021.

Section 2. This Act is effective on June 29, 2018.".

24fta

On page 1, line 2, of the printed bill, delete "nonmeandering" and insert "nonmeandered".

And that as so amended said bill do pass.

Respectfully submitted,
Gary L. Cammack, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Ninety-third Legislative Session.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1019, 1020, 1021, 1026, 1035, 1037, 1048, 1049, and 1068 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 2 Introduced by: Senators Bolin, Cammack, Haverly, Klumb, Kolbeck, Langer, Nelson, Netherton, Otten (Ernie), Partridge, Peters, Solano, Stalzer, Tidemann, and Wiik and Representatives Jensen (Kevin), Campbell, Clark, Dennert, DiSanto, Goodwin, Latterell, Marty, Peterson (Sue), Pischke, Schoenfish, Tulson, and Willadsen

A CONCURRENT RESOLUTION, Endorsing the right to work provisions in the South Dakota Constitution and in the Labor Management Relations Act that prohibit forced union membership.

WHEREAS, in 1947, the Congress of the United States, in a bipartisan manner, passed the Labor Management Relations Act (LMRA) over the veto of President Harry Truman; and

WHEREAS, one of the most noteworthy portions of the LMRA, Section 14b, allows states to pass laws and measures prohibiting workers from being fired if they would refuse to join a union or pay union dues; and

WHEREAS, in the 1940's, the Legislature approved and sent to the voters an amendment to the South Dakota Constitution establishing a prohibition against forced union membership in the state, and the voters of the state passed the amendment by more than a 2:1 margin; and

WHEREAS, twenty-four other states have adopted measures similar or identical to those approved by the voters of South Dakota on this subject; and

WHEREAS, the South Dakota Municipal League lists the endorsement and retention of the existing state constitutional right to work provision as the first of its core beliefs; and

WHEREAS, in the last ten years, the legislatures in the states of Wisconsin and Indiana have enacted measures similar to those adopted by the South Dakota voters more than sixty years ago:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature endorses Article VI, Section II of the South Dakota Constitution and the LMRA, better known as the Taft-Hartley Act, and the freedom of association it does provide.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 2 on the calendar of Friday, January 19^th, the eighth legislative day.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, January 19^th the eighth legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 13 as found on page 112 of the Senate Journal; also

Health and Human Services on SB 32 as found on page 113 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 82 Introduced by: Senators Cammack, Bolin, Ewing, Kolbeck, Novstrup, Otten (Ernie), Partridge, Rusch, Stalzer, and Youngberg and Representatives Rhoden, Barthel, Johns, Lake, Mickelson, Peterson (Kent), and Wiese

FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the inspections of large passenger vehicles used by nonprofit organizations.

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

SB 83 Introduced by: Senators Rusch, Cammack, Nelson, Stalzer, and Youngberg and Representatives Smith, Duvall, Johnson, Lesmeister, Mickelson, Rasmussen, Reed, Rounds, and Turbiville

FOR AN ACT ENTITLED, An Act to authorize certain patriotic societies access to public schools.

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

SB 84 Introduced by: Senators Rusch, Cronin, Frerichs, Heinert, Kennedy, Monroe, Nelson, Nesiba, Novstrup, Stalzer, and Youngberg and Representatives Johnson, Bartling, Frye-Mueller, Heinemann, Jensen (Kevin), Kaiser, Lesmeister, McCleerey, Rasmussen, Ring, Smith, Steinhauer, and Willadsen

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records.

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

SB 85 Introduced by: Senators Nelson, Bolin, Haverly, Jensen (Phil), Maher, Netherton, Otten (Ernie), Russell, Stalzer, Tapio, and Youngberg and Representatives Marty, Brunner, Campbell, Clark, Dennert, DiSanto, Frye-Mueller, Greenfield (Lana), Kaiser, Latterell, May, Pischke, and Rasmussen

FOR AN ACT ENTITLED, An Act to require the Legislature to use the rules of procedure as adopted by the preceding session of the Legislature.

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

SB 86 Introduced by: Senators Peters, Bolin, Cammack, Frerichs, Greenfield (Brock), Haverly, Klumb, Kolbeck, Langer, Otten (Ernie), Solano, Stalzer, Tidemann, and Youngberg and Representatives Willadsen, Ahlers, Bartels, Bartling, Brunner, Clark, Dennert, Duvall, Hawley, Holmes, Jamison, Kettwig, Latterell, Lust, McCleerey, Pischke, Rozum, Schaefer, Schoenfish, Smith, Steinhauer, Tulson, and Zikmund

FOR AN ACT ENTITLED, An Act to revise certain requirements when a local unit of government sells surplus property through a real estate broker.

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

SB 87 Introduced by: Senators Monroe, Ewing, Kolbeck, Nelson, Netherton, Otten (Ernie), and Youngberg and Representatives Gosch, Campbell, Kaiser, Rounds, and Zikmund

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the lawful possession of firearms in certain locations.

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

SB 88 Introduced by: Senators Maher, Curd, Ewing, Frerichs, Kennedy, Kolbeck, Monroe, and Nesiba and Representatives Lesmeister, Ahlers, Barthel, Bartling, Hawley, McCleerey, Rasmussen, Ring, Rounds, Smith, Steinhauer, and Turbiville

FOR AN ACT ENTITLED, An Act to revise certain provisions in regarding disinterment permits.

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

SB 89 Introduced by: Senators Bolin, Curd, Klumb, Monroe, Soholt, Solano, and Stalzer and Representatives Jensen (Kevin), Beal, Bordeaux, Brunner, Clark, Frye-Mueller, Glanzer, Johns, Latterell, Peterson (Sue), Pischke, Smith, Steinhauer, Stevens, and Zikmund

FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board of Education Standards.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background checks for physicians and to declare an emergency.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions and regulations regarding medical assistants.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the practice of podiatry and to authorize certain fee increases.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain educational requirements pertaining to the practice of cosmetology.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1035: FOR AN ACT ENTITLED, An Act to repeal certain provisions and regulations related to labeling requirements for feed.

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

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota State Fair.

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

HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions referring to the statements on auditing standards utilized by the Department of Revenue.

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

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

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

HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection of motor fuel tax from interstate fuel users.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Greenfield (Brock) requested that SB 23 be removed from the Consent Calendar.

SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of snowmobiles.

Was read the second time.

The question being "Shall SB 41 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.

SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of a motor vehicle title.

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

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 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a division under the Department of Human Services.

Was read the second time.

The question being "Shall SB 17 pass?"

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 66: FOR AN ACT ENTITLED, An Act to require each school board to provide certain information regarding school elections in the school board minutes.

Was read the second time.

The question being "Shall SB 66 pass as amended?"

And the roll being called:

Yeas 24, Nays 11, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Stalzer; Tapio; Tidemann; Wiik; Youngberg

Nays:
Frerichs; Haverly; Heinert; Kennedy; Killer; Nesiba; Partridge; Soholt; Solano; Sutton; White

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 9: FOR AN ACT ENTITLED, An Act to require fiscal notes for certain initiated measures and initiated amendments to the Constitution.

Was read the second time.

The question being "Shall SB 9 pass?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba; Sutton

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 20: FOR AN ACT ENTITLED, An Act to enact the State and Province Emergency Management Assistance Memorandum of Understanding.

Was read the second time.

The question being "Shall SB 20 pass?"

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Langer; Monroe; Netherton; Novstrup; Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Nelson; Nesiba; Otten (Ernie); Russell; Sutton

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 60: FOR AN ACT ENTITLED, An Act to revise the administrative rule-making authority for the Department of Human Services.

Was read the second time.

The question being "Shall SB 60 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Nelson; Russell

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 2 Introduced by: Senators Youngberg, Kennedy, Monroe, Peters, and Stalzer and Representatives Wiese, Heinemann, and York

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the 2017 Madison High School Football Team and the students and staff involved in the football program.

WHEREAS, the 2017 Madison High School Football Team won the 11A High School Football Championship by virtue of their outstanding character, teamwork, and dedication to the sport both on and off the field; and

WHEREAS, the program received superior coaching from head coach Max Hodgen and guidance from assistant coaches Michael Ricke, Joe Bundy, Tom Nielsen, Darren Swenson, Zach Johnson, and Steve Gors; and

WHEREAS, members of the 2017 State Champion Madison High School Football team include AJ Peters, Alex Williams, Ammon Hawkes, Avery Williams, Bear Shipley, Blaine Hare, Blaine Tucek, Brad Hoff, Brady Nelson, Brandon Shaw, Brayden Ullwelling, Brock Minnaert, Caileb Reilly, Carson Hunsley, Carter Bergheim, Chris Reece, Chris Thennis, Cody Brown, Colby Briggs, Connor Hively, Connor Schultz, Dan Swenson, Daniel Bounds, David Sanchez, Devin Drewes, Doyle Brown, Dylan Litz, Ethan Buskness, Evan Mckee, Gabe Janke, Gavin Ronk, Hunter Koenig, Jack Jankord, Jacob Unterbrunner, Jadon Janke, Jaxon Janke, Jerett Lurz, Joey Brandenburger, Johnny Ricke, Josh Bernard, Josh Giles, Lance Lee, Lane Zingmark, Lucas Maberry, Mason Avery, Mason Lebeda, Matt Williams, Mitchell Williams, Nathan Mapp, Nick Andresen, Nick Blazek, Nolan Johnson, Oakley Denne, Parker Lee, Quentin McKinney, Riley Reurink, Sam Olson, Sawyer Miller, Spencer Monroe, Taiten Leesch, Thomas Gors, Tyler Reck, Wyatt Johnson, Zach Whitlock; and

WHEREAS, the 2017 Madison High School Bulldogs Football Team is recognized for their teamwork and incredible efforts, which led to a perfect 12-0 season and a victory in the State 11A Football Championship against the Dakota Valley Panthers:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates the Madison High School Bulldogs for their outstanding season and for winning the 11A State Football Championship.

SC 3 Introduced by: Senators Youngberg, Kennedy, Monroe, Peters, and Stalzer and Representatives Heinemann, Beal, Rhoden, and Wiese

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the Colman-Egan Hawks Football Team for an excellent season and a victorious performance in the 2017 Class 9B State Football Championship.

WHEREAS, the Colman-Egan Hawks finished the season with a perfect 12-0 record; and

WHEREAS, the team was coached with the expertise and outstanding leadership from head coach Chad Williamson and assisted by Derek Mertz, Jeremy Crisp, Tyler Husby, and Dalton Hannasch; and

WHEREAS, the resilient team was comprised of Alec Landis, Austin Gullickson, Bodee Groos, Chandler Gullickson, Chase Hemmer, Cole Hannasch, Cole Tolley, Eli Bowen, Gavin Costine, Kade Groos, Keith Crisp, Kelby Voelker, Nate Tolley, Noah Anderson, Ryan Voelker, Ryker Hawkins, Sam McKay, Shandon Anderson, Sheldon Anderson, Skyler Anderson, Taitt McKnight, Taylor Anderson, Trey Costine, Trey McKnight, Ty Hiller, Wade Kansanback, Weston Miles, Xander Mallory, Zach Anderson, and Zachary Uttecht; and

WHEREAS, the Colman-Egan Hawks Football Team showed outstanding drive, focus, and determination in completing an undefeated season and the composure to carry this momentum through playoffs to ultimately defeat the Sully Buttes Chargers 42-28 to secure the 9B crown:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates the Colman-Egan Hawks for their outstanding season and for winning the 9B State Football Championship.

SC 4 Introduced by: Senators Bolin, Ewing, Haverly, Klumb, Netherton, Peters, Rusch, Tidemann, and Wiik and Representatives Johns, Barthel, Campbell, Carson, Clark, DiSanto, Hawley, Kettwig, Mills, Rasmussen, Reed, Ring, Rozum, Steinhauer, and Turbiville

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2016-2017 Outstanding School Administrators of South Dakota: Dan Leikvold, Lead-Deadwood, School Superintendent; Belinda Miller, Sioux Valley, Middle School Principal; Susan Kurtz, West Central, School Business Official; Kim Johnson, Vermillion, Elementary School Principal; Bud Gusso, Douglas, Secondary School Principal; Todd Foster, Brookings, Assistant Secondary School Principal; Marge Stoterau, Brandon Valley, Curriculum Leader; and Tracy Kelly-Christensen, James Valley Education Coop, Director of Special Education, for being named outstanding administrators by their respective administrator parent groups.

WHEREAS, these administrators have been elected by their peers for outstanding service and dedication to education; and

WHEREAS, the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these eight educational administrators is two hundred and two years; and

WHEREAS, each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of educational administration:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Dan Leikvold, Belinda Miller, Susan Kurtz, Kim Johnson, Bud Gusso, Todd Foster, Marge Stoterau, and Tracy Kelly-Christensen are named as official representatives of the School Administrators of South Dakota and shall continue their efforts to improve the educational opportunities for the children of the state.

SC 5 Introduced by: Senators Otten (Ernie), Curd, Ewing, Novstrup, Peters, and Stalzer and Representatives Latterell, Beal, Haugaard, Otten (Herman), Qualm, and Rhoden

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2017 Tea Area High School Titans Boys Soccer Team and the students and staff involved in the program.

WHEREAS, in 2017, the Tea Area High School Titans Boys Soccer Team won the State Class A High School Soccer Championship by virtue of the members' outstanding character, teamwork, hard work, and dedication to the sport both on and off the field; and

WHEREAS, the program received superior coaching and outstanding leadership from head coach Zach Jurgens and assistant coach Ryan Gallagher; and

WHEREAS, the members of the 2017 State Champion Tea Area High School Soccer Team include: Josh Newbold, Cade Clayberg, Wilson Hoffman, Jacob Hyland, Noah McKinney, Ryan Del Monaco, Kade Stearns, David Loof, Joey Headrick, Josh Quamen, Colby Fechner, Tyler Duffy, Ramon Izquierdo, Mason Schlunsen, Noah Freidel, Justin Hohn, Brady Pfeifer, Tanner Meyers, Mason Ritter, and Wyatt VanTol:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and commends the Tea Area High School Titans Boys Soccer Team for its athletic excellence in the 2017 soccer season.

SC 6 Introduced by: Senators Otten (Ernie), Curd, Ewing, Novstrup, Peters, and Stalzer and Representatives Otten (Herman), Beal, Haugaard, Latterell, Qualm, and Rhoden

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2017 Tea Area High School Boys Basketball Team and the students and staff involved in the program.

WHEREAS, the 2017 Tea Area High School Boys Basketball Team won the Class A High School State Basketball Championship by virtue of the team's outstanding character, teamwork, and dedication to the sport both on and off the court; and

WHEREAS, the program received superior coaching and outstanding leadership from head coach Chris Fechner and assistant coaches Dave Preheim, Austen Hurley, and Bryan Paulson; and

WHEREAS, the members of the State Champion Tea Area High School Boys Basketball Team for 2017 include: Chris Morales, Justin Hohn, Noah Freidel, Kade Stearns, Ethan Freidel, Zach Wilber, Mason Ritter, Payton Conrad, Nash Johnson, Kaleb Joffer, Evan Munkvold, Jake Friedrich, Alec Hohn, Seth Kocer, Michael Hagenlock, and Cole Barthel; and

WHEREAS, the Tea Area High School Titans 2017 Boys Basketball Team is recognized for its teamwork, hard work, and incredible dedication, culminating in a victory in the State Class A Basketball Championship Game versus the Madison Bulldogs:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, the Tea Area High School Titans 2017 Boys Basketball Team is honored and commended for its teamwork, hard work, and incredible dedication, which led to victory in the State Class A Basketball Championship Game.

SC 7 Introduced by: Senators Otten (Ernie), Curd, Ewing, Novstrup, Peters, and Stalzer and Representatives Otten (Herman), Beal, Latterell, Qualm, and Rhoden

A LEGISLATIVE COMMEMORATION, Commending and honoring Joan Allison, a second grade teacher at Legacy Elementary, on being named Tea Area School District's Teacher of the Year.

WHEREAS, Joan Allison works hard to guarantee that all students achieve and grow in a safe educational environment and has been a strong advocate for kids, working tirelessly to ensure that all students reach their potential; and

WHEREAS, Tea Area School District partners with Tea Area Parent Teacher Organization
to facilitate the Tea Area Teacher of the Year selection. Community members, teachers, and students spent time nominating their favorite teachers. A group of community members serve as the selection committee, review the applications, select the finalists, and name the Teacher of the Year; and

WHEREAS, Joan Allison has dedicated thirty-seven years to teaching elementary students in this state prior to her retirement at the end of the 2016-2017 school year:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and commends Joan Allison as the Tea Area School District's Teacher of the Year.

Sen. Cronin moved that the Senate do now adjourn, which motion prevailed and at 2:52 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 44 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of eleven former members of the South Dakota Legislature, namely: the Honorable William F. “Bill” Clayton; the Honorable Richard O. “Dick” Gregorson; the Honorable Oscar E. Huber; the Honorable Homer M. Kandaras; the Honorable Howard L. Kennedy; the Honorable Roger D. McKellips; the Honorable Kenneth G. “Kenny” McNenny; the Honorable Robert L. “Bob” Miller; the Honorable Clinton R. “Clint” Roberts; the Honorable Robert J. “Bob” Schumacher; and the Honorable Craig J. Tieszen.

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Ninety-third Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Ninety-third Session of the Legislature of the State of South Dakota, now assembled this 18th day of January, 2018, at Pierre, South Dakota.