JOURNAL OF THE SENATE

EIGHTIETH SESSION  



SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 12, 2005

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Nancy Kapp, followed by the Pledge of Allegiance led by Senate page Sarah Nagel.

     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 first 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,
Lee Schoenbeck, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF JOINT-SELECT COMMITTEES


MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act respectfully reports that:

    The Legislature order 300 copies of the Senate and House bills and resolutions (each); and 350 copies of the Senate and House daily journals (each) for the Eightieth Legislative Session.

    The free distribution of sets of bills, resolutions, and daily journals shall be as follows:

    Eight copies for the Governor's Office, thirteen copies for the Supreme Court, thirty-two copies for the Legislative Research Council, thirteen copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative Web site.

    State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

    Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Documents Room at a charge of $50 per set plus mailing charges if applicable.

    One copy of the official directory (red book) shall be distributed to each Senator and Representative, thirteen copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy for a fee of $6 payable to the Legislative Documents Room.

    One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Attorney General and the Supreme Court; thirteen free copies to the State Library Depository; and one free copy to Senators and Representatives. Upon written request to the Legislative Documents Room before January 31, 2005, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $25 per copy.

    The Chief Mailing Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills and a set of journals for the Eightieth Legislative Session, for the sum of $50 per set plus mailing charges if applicable.


    Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

    Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $35 registration fee to the Secretary of State; and upon payment of an additional $50 per set to the Legislative Documents Room, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

    Bill status reports will be printed and sold to state agencies at cost and to registered lobbyists for $200 payable to the Legislative Documents Room which receipted funds shall be used to pay the printing costs. If bill status is mailed, the cost is $125 for first-class postage.

    A free daily copy of the bill status report shall be distributed as follows:

    Governor; Speaker of the House; Speaker Pro tempore of the House; House Majority Leader; House Minority Leader; House Lobby; Chief Clerk of the House; Lieutenant Governor; President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate; Page Advisor; Attorney General; Bureau of Finance and Management; Secretary of State; Treasurer's Office; Auditor's Office; Office of School and Public Lands; and Legislative Research Council.

    The Chief Mailing Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Lee Schoenbeck
Cooper Garnos    John Koskan
Burt Elliott    Garry Moore
House Committee    Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Eightieth Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

    In regard to the system for payment of travel expenses to legislators we respectfully report that:

    (1) A form listing each weekend during session will be delivered to legislators. Legislators     will be asked to list their travel on that single sheet which would be signed and turned in at     the close of session. Also, pursuant to statute, a voucher must also be signed by each     legislator requesting travel reimbursement.

    (2) Legislators driving their own car home for a weekend will receive mileage paid at state     rates (32 cents per mile). Legislators not driving home will not be entitled to reimbursement     unless they leased a vehicle or somehow incurred an expense, equivalent to 32 cents per     mile, in such travel.

            (3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 32 cents per mile.

            (4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 32 cents per mile.

    (5) A maximum of eight trips will be considered for the 2005 Legislative Session, including     the trip for the final legislative day.

    (6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre     and their final trip home at the rate of 5 cents per mile.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Lee Schoenbeck
Larry Rhoden    Eric Bogue
Dale Hargens    Garry Moore
House Committee    Senate Committee

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Deadrick, Dykstra, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session to receive the message of the Governor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Deadrick, Dykstra, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communication he may desire to transmit.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Rhoden, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to the Joint Rules for the Eightieth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Kraus, O'Brien, and Miles as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for legislative days for the members, officers, and employees of the House and Senate.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Rhoden, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Eightieth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rave, Garnos, and Elliott as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate Journals, and bills, and other legislative printing for the two houses and the state offices with the full power to act.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Hunt, Van Etten, and Lange as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to securing chaplains for the Eightieth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Kraus, Novstrup, Hunt, and Lange as a committee of four on the part of the House to meet with a like committee on the part of the Senate for the purpose of arranging for a memorial recognition of deceased former members of the House and Senate.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rhoden, Cutler, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session of the Senate and House of Representatives to receive a message from the Chief Justice of the Supreme Court.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging a Joint Session of the two Houses to receive the message of the Governor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communication he may desire to transmit.

Also 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 arranging for a Joint Session to receive the State of the Judiciary message from the Chief Justice of the Supreme Court.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS


     SC 1   Introduced by:  Senator Schoenbeck and Representative Faehn

         A LEGISLATIVE COMMEMORATION,  Honoring Jensi Kellogg-Andrus of Watertown as South Dakota's 2005 Teacher of the Year.

     WHEREAS,  Jensi Kellogg-Andrus, a high school biology teacher at Watertown Senior High School, was chosen as the 2005 South Dakota Teacher of the Year and represented South Dakota in national competition for Teacher of the Year; and

     WHEREAS,  she has dedicated more than sixteen years to the teaching profession; and

     WHEREAS,  she strives to create a warm, positive, fun environment for learning; and

     WHEREAS,  she dedicates her life to developing life-long learners by adapting her lesson plans to her students and teaching them how to think and solve problems; and

     WHEREAS,  she treats her students and peers with respect and dignity and instills a positive attitude and confidence in those she encounters; and

     WHEREAS,  she believes that every child can learn with the proper support, time, instruction, and guidance:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Jensi Kellogg-Andrus be congratulated upon her selection as South Dakota's 2005 Teacher of the Year.

     SC 2   Introduced by:  Senators Kloucek, Apa, Bartling, Dempster, Gant, Hundstad, Koetzle, Moore, Napoli, and Sutton (Dan) and Representatives Putnam, Dennert, Faehn, Gassman, Gillespie, Glenski, Haley, Halverson, Hennies, Hunhoff, Jerke, Krebs, Lange, McCoy, Miles, O'Brien, Peters, Rave, Schafer, Sebert, Tidemann, Tornow, Vehle, Weems, and Willadsen

         A LEGISLATIVE COMMEMORATION,  Honoring and supporting Czech Days in Tabor, South Dakota on the occasion of its fifty-seventh anniversary.

     WHEREAS,  South Dakota's Czech immigrants have enriched our state's culture with their exceptional attainments in music, literature, and art, and are known for their love of agriculture, mechanical arts, and democracy, which they strive to preserve for future generations; and

     WHEREAS,  this year's National Miss Czech-Slovak Queen is Erin Tycz, daughter of Glen and Michelle Tycz of Tyndall; and

     WHEREAS,  this year's Czech Days' Royalty are Queen Becky Koupal, daughter of Ron and Barb Koupal of Tabor; Princess Mirah Kostal, daughter of Bernie and Tania Kostal of Tabor; and Prince Jordan Hejna, son of Mark and Renee Hejna of Tyndall; and

     WHEREAS,  Czech Days offers a variety of exhibits, attractions, events, and entertainment, including the Czech Heritage Museum, Blachnik Museum, St. Wenceslaus Church, programs for adults and children in Sokol Park, live Czech music in Beseda Hall, an authentic mini Czech pioneer village, a variety of Czech foods, adult and youth parades, two beer gardens, and a quilt show:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that the Legislature congratulates all South Dakotans of Czech ancestry and invites everyone to participate in the fifty-seventh annual Czech Days on June 17th and 18th, 2005, in Tabor, South Dakota.

     Sen. Ed Olson moved that the Senate do now adjourn, which motion prevailed and at 1:08 p.m. the Senate adjourned.

Patricia Adam, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 12 of the House Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Dennis Daugaard, presiding.

    The following prayer was delivered by Pastor David Zellmer, Lutheran Memorial Church, Pierre, South Dakota:

    O God of Grace and Glory, we pray for our Chief Justice, the Justices, Judges, Governor, and elected and appointed leaders, that these men and women who have been set apart to serve the people of South Dakota might fulfill the words from the prophet Amos, "let justice roll down like waters, and righteousness like an ever flowing stream". Guide and direct their efforts to faithfully carry out the duties of their office and promote the general welfare. In Your Holy Name we pray. Amen.

    The Secretary of the Senate, Patricia Adam, called the roll of the Senate and the following members were present:

Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schoenbeck; Smidt; Sutton, Dan; Sutton, Duane; Two Bulls.

    The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson, Ryan; Pederson, Gordon; Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels.

    Sen. Bogue moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable David Gilbertson, Chief Justice of the state of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Reps. Rhoden, Dykstra, Hargens, and Gillespie on the part of the House and Sens. Schoenbeck, Bogue, and Moore on the part of the Senate.

    The Sergeant at Arms announced the arrival of Chief Justice David Gilbertson, who was escorted to the rostrum.

    The Lieutenant Governor, Dennis Daugaard, introduced the Honorable David Gilbertson, who delivered the State of the Judiciary Address.

    Sen. Bogue moved that the Joint Session do now dissolve.

    Which motion prevailed.