The prayer was offered by the Chaplain, Rev. Roger Easland, followed by the Pledge of
Allegiance led by Senate pages Ross Julson and Kody Kyriss.
Roll Call: All members present.
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.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Dennis Haan,
Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.
This reappointment is effective January 18, 2010, and shall continue until January 20,
2014.
December 14, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Joe Lien, Lawrence
County, Spearfish, South Dakota, to the South Dakota Building Authority.
This reappointment is effective January 18, 2010, and shall continue until January 20,
2014.
May 19, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Gordon Garnos,
Codington County, Watertown, South Dakota, to the Career Service Commission.
This reappointment is effective immediately, and shall continue until April 22, 2013.
December 14, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Glenna Fouberg, Brown
County, Aberdeen, South Dakota, to the South Dakota Board of Education.
This reappointment is effective January 1, 2010, and shall continue until December 31,
2013.
December 14, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Marilyn Hoyt, Beadle
County, Huron, South Dakota, to the South Dakota Board of Education.
This reappointment is effective January 1, 2010, and shall continue until December 31,
2013.
August 6, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 1-16I of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Mike Trykoski,
Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure
Authority.
This reappointment is effective immediately, and shall continue until June 30, 2015.
August 6, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 1-16I of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Raymond J.
Wahle, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Energy
Infrastructure Authority.
This appointment is effective August 5, 2009, and shall continue until June 30, 2010.
March 26, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Kurt Pfeifle, Hand
County, Miller, South Dakota, to the Housing Development Authority.
This appointment is effective April 1, 2009, and shall continue until June 30, 2013.
August 11, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Brent Dykstra,
Stanley County, Ft. Pierre, South Dakota, to the Housing Development Authority.
This appointment is effective August 11, 2009, and shall continue until June 30, 2010.
June 30, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Vivian
Asmussen, Hughes County, Pierre, South Dakota, to the Commission on Human Rights.
This reappointment is effective July 1, 2009, and shall continue until June 30, 2013.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed David Volk,
Minnehaha County, Sioux Falls, South Dakota, to the Commission on Human Rights.
This reappointment is effective July 1, 2009, and shall continue until June 30, 2013.
April 16, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Dean Krogman,
Brookings County, Brookings, South Dakota, to the State Board of Regents.
This reappointment is effective immediately, and shall continue until March 31, 2015.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Carole Pagones,
Minnehaha County, Sioux Falls, South Dakota, to the State Board of Regents.
This reappointment is effective immediately, and shall continue until March 31, 2015.
June 11, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Randy Schaefer,
Lake County, Madison, South Dakota, to the State Board of Regents.
This appointment is effective immediately, and shall continue until March 31, 2015.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed George Nikolas,
Brown County, Aberdeen, South Dakota, to the South Dakota Railroad Authority.
This reappointment is effective immediately, and shall continue until January 19, 2013.
January 4, 2010
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Warren
Lotsberg, Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority.
This reappointment is effective immediately, and shall continue until January 20, 2014.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Teresa Marts,
Tripp County, Winner, South Dakota, to the South Dakota Crime Victims' Compensation
Commission.
This reappointment is effective July 1, 2009, and shall continue until June 30, 2012.
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 Eighty-fifth
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 (37 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 37 cents per mile, in such travel.
(3) Legislators flying commercially will receive the equivalent of flight expenses as long
as it does not exceed 37 cents per mile.
Also MR. PRESIDENT:
17.1. If a Session Calendar is adopted for a period of thirty-six (36) days to thirty-nine (39)
days, inclusive, the legislative deadlines set forth in Chapter 17 of the Joint Rules for a thirty-five (35) day session shall be increased by the same number of days by which the length of the
adopted calendar exceeds thirty-five (35) days.
The joint rules and the rules of the Senate and House shall be printed in the House Journal.
Respectfully submitted, Respectfully submitted,
Tim Rave Bob Gray
Bob Faehn Dave Knudson
Bernie Hunhoff Scott Heidepriem
House Committee Senate Committee
We have conferred with the Pierre/Ft. Pierre Ministerial Association and have arranged
for ministers to participate on a part-time basis under the direction of Pastor Daniel Varns,
New Life Assembly of God, as chief chaplain, to serve the Senate and House as chaplains
throughout the Eighty-fifth session of the Legislature. The chaplains are as follows:
Also MR. PRESIDENT:
The Legislature order 180 copies of the Senate and House bills and resolutions (each);
and 185 copies of the Senate and House daily journals (each) for the Eighty-fifth 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 $90 per set of bills and $135 per set of journals 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.
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 for $90
per set and a set of journals for $135 per set for the Eighty-fifth Legislative Session, 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 $90
per set of bills and $135 per set of journals plus mailing charges, if applicable, 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.
A short program will follow the introduction of the Memorial Resolution. At the
conclusion of the Memorial Service, the Joint Session will be dissolved.
The Memorial Resolution shall be printed in the House and Senate Journals.
SC 1 Introduced by: Senators Kloucek, Ahlers, Bartling, Bradford, Dempster, Gant, Garnos, Gray, Hanson (Gary), Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Knudson, Maher, Merchant, Miles, Novstrup (Al), Peterson, Tieszen, Turbak Berry, and Vehle and Representatives Putnam, Blake, Bolin, Burg, Carson, Conzet, Curd, Deadrick, Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Kirkeby, Kirschman, Lange, Lederman, Lucas, Moser, Nygaard, Olson (Betty), Olson (Ryan), Rausch, Rave, Romkema, Schrempp, Sly, Solberg,
Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, and
Verchio
SC 2 Introduced by: Senators Kloucek, Ahlers, Bartling, Bradford, Dempster, Gant,
Garnos, Gray, Hanson (Gary), Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad,
Knudson, Maher, Merchant, Miles, Novstrup (Al), Peterson, Tieszen, Turbak Berry, and
Vehle and Representatives Putnam, Blake, Bolin, Burg, Carson, Conzet, Curd, Deadrick,
Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Hamiel,
Hoffman, Hunhoff (Bernie), Kirkeby, Kirschman, Lange, Lederman, Lucas, Moser,
Nygaard, Olson (Betty), Olson (Ryan), Rausch, Rave, Romkema, Schrempp, Sly, Solberg,
Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, and
Verchio
agriculture, mechanical arts, and democracy, which they strive to preserve for future
generations; and
Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at
1:24 p.m. the Senate adjourned.
The following prayer was delivered by Bishop David Zellmer, South Dakota Synod of
the ELCA:
Amos 5:21 and 24 (NRSV) _ "I hate, I despise your festivals, and I take no delight in
your solemn assemblies. But let justice roll down like waters, and righteousness like an
ever-flowing stream."
Blessed O You our Lord and God, King of the universe, let Your protection be upon all
those who are in service to our country; guard them from all harm and danger of body and
soul; sustain and comfort their families in their waiting.
We give thanks for the gift of Your law, for the protection that is given to Your people. We ask Your blessing upon Chief Justice David Gilbertson, the supreme court, and our judges and magistrates who have been set aside to adjudicate the law in this state. Bless
them with wisdom and understanding, and through their work secure the protection of Your
people.
We pray as well for our governor, representatives, senators, and the elected and
appointed leaders of this state. Bless their service and keep them ever mindful of those who
are most vulnerable in our state.
In Your Holy Name we pray, Amen.
The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the
following members were present:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gillespie; Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad;
Hunhoff, Jean; Jerstad; Kloucek; Knudson; Maher; Merchant, Miles; Nelson; Nesselhuf;
Novstrup, Al; Olson, Russell; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the
House and the following members were present:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler;
Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson;
Gosch; Greenfield; Hamiel; Hoffman; Hunhoff, Bernie; Hunt; Jensen; Juhnke; Kirkeby;
Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup, David; Nygaard; Olson, Betty; Olson, Ryan; Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson;
Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman;
Verchio; Wink; Wismer; Speaker Rave.
Sen. Knudson 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 Sens. Gray,
Knudson, and Heidepriem on the part of the Senate and Reps. Faehn, Noem, Bernie
Hunhoff and Dennert on the part of the House.
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. Knudson moved that the Joint Session do now dissolve.
Which motion prevailed.