JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION  



FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 10, 2006

    BE IT REMEMBERED, That on the tenth day of January, A.D., two thousand six, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Eighty-first regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Dennis Daugaard in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

    The following prayer was offered by the Chaplain, Pastor Brad Urbach, Faith Lutheran Church, Pierre:

    Almighty Father, Creator of heaven and earth, it is with thanksgiving that we begin a new Legislative Session. Our state is one filled with God given beauties: the rolling plains, the majestic Black Hills, the open spaces, and our resourceful people. We gather as a legislature to be good stewards in managing these, Your gifts.

    This day we ask Your blessings upon the men and women of this Senate. Grant them wisdom and courage to address the needs of our state. Grant them patience and encouragement as they work with each other to provide helpful solutions and legislation. May our resolves be for the common good of the people of our state and pleasing in Your sight.

    Bless, as well, our Governor and all the entities of our State Government that support this legislative session. We too pray Father for Your divine protection upon the military personnel of this state and nation, especially those stationed in Iraq and Afghanistan.

    For these things and for all the worthy desires of our hearts, I ask this in the name of Christ Jesus. Amen.

    The Pledge of Allegiance to the flag of the United States was led by Senate page Brad Budmayr.

    I, CHRIS NELSON, Secretary of State of the State of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 2, 2004, are hereby certified as members of the Senate of the 2005-2006 Legislative Sessions:

District No.  1  Day, Marshall and Roberts Counties
            Gary D. Hanson, Sisseton

District No.  2  Brown and Spink Counties
            Jim Hundstad, Bath

District No.  3  Brown and McPherson Counties
            Duane Sutton, Aberdeen

District No.  4  Brookings, Deuel, Grant and Moody Counties
            Jim Peterson, Revillo

District No.  5  Codington County
            Lee Schoenbeck, Watertown

District No.  6  Beadle, Clark, Codington, Hamlin and Kingsbury Counties
            Brock L. Greenfield, Clark

District No.  7  Brookings County
            Orville B. Smidt, Brookings

District No.  8  Lake, Miner, Moody and Sanborn Counties
            Dan Sutton, Flandreau

District No.  9  Minnehaha County
            Thomas A. Dempster, Sioux Falls

District No. 10  Lincoln and Minnehaha Counties
            Gene G. Abdallah, Sioux Falls

District No. 11  Lincoln and Minnehaha Counties
            Jason M. Gant, Sioux Falls

District No. 12  Lincoln and Minnehaha Counties
            William F. Earley, Sioux Falls

District No. 13  Minnehaha County
            Dick Kelly, Sioux Falls

District No. 14  Minnehaha County
            David L. Knudson, Sioux Falls

District No. 15  Minnehaha County
            Gil Koetzle, Sioux Falls

District No. 16  Lincoln and Union Counties
            Mike Broderick, Canton

District No. 17  Clay and Turner Counties
            Ben Nesselhuf, Vermillion

District No. 18  Yankton County
            Garry A. Moore, Yankton

District No. 19  Bon Homme, Douglas, Hutchinson and Turner Counties
            Frank J. Kloucek, Scotland

District No. 20  Aurora and Davison Counties
            Ed Olson, Mitchell

District No. 21  Brule, Buffalo, Charles Mix and Gregory Counties
            Julie Bartling, Burke

District No. 22  Beadle, Hand, and Jerauld Counties
            Tom Hansen, Huron

District No. 23  Campbell, Edmunds, Faulk, Hyde, McPherson, Potter and Walworth Counties
             Jay L. Duenwald, Hoven

District No. 24  Hughes, Stanley and Sully Counties
            Bob Gray, Ft. Pierre

District No. 25  Hanson, McCook and Minnehaha Counties
            Clarence Kooistra, Garretson

District No. 26  Bennett, Haakon, Jackson, Jones, Lyman, Mellette and Tripp Counties
             John Koskan, Wood

District No. 27  Bennett, Shannon, and Todd Counties
            Theresa "Huck" Two Bulls, Pine Ridge

District No. 28  Butte, Corson, Dewey, Harding, Meade, Perkins and Ziebach Counties
             Eric H. Bogue, Dupree

District No. 29  Butte and Meade Counties
            Kenneth McNenny, Sturgis

District No. 30  Custer, Fall River and Pennington Counties
            Jim Lintz, Hermosa

District No. 31  Lawrence County
            Jerry Apa, Lead

District No. 32  Pennington County
            Stanford M. Adelstein, Rapid City

District No. 33  Meade and Pennington Counties
            J.P. Duniphan, Rapid City

District No. 34  Pennington County
            Royal "Mac" McCracken, Rapid City

District No. 35  Pennington County
            William Napoli, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 3rd day of January, 2006.

    (SEAL)                                            Chris Nelson

Secretary of State

    Roll Call: All members present except Sen. Two Bulls who was excused.

MOTIONS AND RESOLUTIONS

    Sen. Bogue moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Bogue moved that Sen. Schoenbeck be elected President Pro tempore of the Senate for the Eighty-first Legislative Session.

    The question being on Sen. Bogue's motion that Sen. Schoenbeck be elected President Pro tempore of the Senate for the Eighty-first Legislative Session.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
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)

     Excused:
Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.


    The oath of office was administered by the Honorable Judith Meierhenry, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Lee Schoenbeck.

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

    Sen. Bogue moved that Patricia Adam be elected Secretary of the Senate for the Eighty- first Legislative Session.

    The question being on Sen. Bogue's motion that Patricia Adam be elected Secretary of the Senate for the Eighty-first Legislative Session.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
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)

     Excused:
Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    The oath of office was administered by the Honorable Judith Meierhenry, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Patricia Adam.

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

    The President announced the appointment of the following named persons as employees of the Senate for the Eighty-first Legislative Session:

    First Assistant to the Secretary -- Trudy Evenstad

    Second Assistant to the Secretary -- Joan Johnson

    Third Assistant to the Secretary -- Kay Agena

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Kim Sargent

    Appropriations Secretary -- Barb Bjorneberg

            Committee Secretaries -- Carolyn Riter, Cindy Tryon

    Sergeant-at-Arms -- Don Rounds

    Assistant Sergeants-at-Arms -- Rollie Benson, David Bonde

                    Pages (1st term) _ Ryan Budmayr, Byron Crowe, Rebecca Jaspers, Aaron Lacey, Meagan O'Connor, Sarah O'Donnell, Cheryl Peyton, Michelle Sawyer, Melissa Schram, Rachel Schram

                            Pages (2nd term) _ Chelsea Hageman, Jesse Liebe, Kate Lindblom, Tyler Luckhurst, Katie Manning, Janae Olinger, Stephanie Olson, Wendy Pepper, Amanda Schulz

                    Pages (3rd term) _ Mary Grode, Brittany Kerr, Philip Mulder, Chelsee Nemec, Abby Roberts, Teneil Ryno, Allison Struck, Shanda Volek, Catherine Watkins, Austin Wiese

                    Pages (4th term) _ Victoria Cuka, Kelsye Gould, Kerry Hagen, Sydney Jones, Isabelle Lankhorst, Aaron Lorenzen, Katie Manning, Natalie Nagle, Jennifer Pogany, Kyle Roth, Tiffany Trask

                    Legislative Interns -- Michelle Cain, Stephanie Chase, Amber Fastnacht, Jennifer Giannonatti, Daniel Haggar, Kerry Konda, Isaac Latterell, Lisa Martenson

    Legislative Aide _ Samuel Nelson

    The oath of office was administered by the Honorable Judith Meierhenry, Justice of the Supreme Court of the State of South Dakota, to the following named employees:

    First Assistant to the Secretary -- Trudy Evenstad

    Second Assistant to the Secretary -- Joan Johnson

    Third Assistant to the Secretary -- Kay Agena

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Kim Sargent

    Appropriations Secretary -- Barb Bjorneberg

            Committee Secretaries -- Carolyn Riter, Cindy Tryon

    Sergeant-at-Arms -- Don Rounds

    Assistant Sergeants-at-Arms -- Rollie Benson, David Bonde

                    Pages (1st term) _ Ryan Budmayr, Byron Crowe, Rebecca Jaspers, Aaron Lacey, Meagan O'Connor, Sarah O'Donnell, Cheryl Peyton, Michelle Sawyer, Melissa Schram, Rachel Schram

                            Legislative Interns -- Michelle Cain, Stephanie Chase, Amber Fastnacht, Jennifer Giannonatti, Daniel Haggar, Kerry Konda, Isaac Latterell, Lisa Martenson

    Legislative Aide _ Samuel Nelson

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

    Sen. Bogue moved that the permanent joint rules and the permanent Senate rules of the Eightieth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Eighty-first Legislative Session.

    The question being on Sen. Bogue's motion that the permanent joint rules and the permanent Senate rules of the Eightieth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Eighty-first Legislative Session.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
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)


     Excused:
Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to make arrangements for the Joint Session to receive the message of the Governor.

    Which motion prevailed and the President announced as such committee Sens. Schoenbeck, Bogue, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications that he may desire to make.

    Which motion prevailed and the President announced as such committee Sens. Schoenbeck, Bogue, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to the Joint Rules for the two houses for the Eighty-first Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Schoenbeck, Bogue, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to select chaplains for the Eighty-first Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Smidt, Earley, and Dan Sutton.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of inviting the Chief Justice of the Supreme Court to address a Joint Session on the state of the Judiciary and to make arrangements therefor.

    Which motion prevailed and the President announced as such committee Sens. Bogue, Schoenbeck, and Moore.


    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to confer with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing for the two houses and the state offices, with the full power to act.

    Which motion prevailed and the President announced as such committee Sens. Schoenbeck, Koskan, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to make arrangements for legislative days for the members, officers, and employees of the Senate and the House for the Eighty-first Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Schoenbeck, Bogue, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to fix the compensation of the elective and appointive officers and employees of the House and Senate for the Eighty-first 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.

    Which motion prevailed and the President announced as such committee Sens. Schoenbeck, Bogue, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a committee of four on the part of the House to arrange for a memorial recognition of deceased former members of the Senate and House.

    Which motion prevailed and the President announced as such committee Sens. McNenny, Ed Olson, and Bartling.

     SR 1   Introduced by:  Senators Schoenbeck, Abdallah, Adelstein, Apa, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Kelly, Knudson, Kooistra, Koskan, Lintz, McCracken, McNenny, Napoli, Olson (Ed), Smidt, and Sutton (Duane)

         A RESOLUTION,  Supporting the nomination of Judge Samuel Alito to the Supreme Court of the United States.

     WHEREAS,  Judge Samuel Alito is exceptionally well-qualified and has proven on the bench that he possesses the temperament, integrity, impartiality, and sound legal judgment necessary for a Supreme Court justice; and

     WHEREAS,  Judge Samuel Alito has a history of ruling based upon the established rule of law and the specific facts of the cases before him; and

     WHEREAS,  Judge Samuel Alito has extensive experience in the Supreme Court, having argued twelve cases before the Supreme Court; and

     WHEREAS,  Judge Samuel Alito served as an editor on the Yale Law Journal, and after graduation was selected for a clerkship with Judge Leonard Garth of the Third Circuit; and

     WHEREAS,  Judge Samuel Alito has a long and distinguished legal career while serving as an Assistant U.S. Attorney, an Assistant to the Solicitor General, a Deputy Assistant Attorney in the Office of Legal Counsel, a U.S. Attorney, and a federal judge; and

     WHEREAS,  Judge Samuel Alito was unanimously confirmed by the United States Senate to the Third Circuit Court of Appeals in 1990 and has served for the past fifteen years as a federal judge with honor and distinction; and

     WHEREAS,  the protracted political battles over qualified candidates and attacks on candidates based on misleading allegations need to be controlled, as they demean the federal judiciary and deter otherwise qualified candidates from participating:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-first Legislature of the State of South Dakota, that the Senate supports the nomination of Judge Samuel Alito to the United States Supreme Court, and encourages Senators Tim Johnson and John Thune to support this nominee.

     Was read the first time and the President announced the waiving of the committee referral.

     Sen. Schoenbeck moved that SR 1 be deferred to Tuesday, January 17, the 5th legislative day.

     Which motion prevailed.


    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)
**Duenwald, *Kooistra, Dempster, Hansen (Tom), Koskan, Lintz, McNenny, Kloucek, Peterson (Jim)
     Appropriations (9)
**Apa, *Earley, Gant, Greenfield, Napoli, Smidt, Sutton (Duane), Bartling, Hanson (Gary)
    Commerce (7)
**McCracken, *Broderick, Abdallah, Kelly, Schoenbeck, Koetzle, Sutton (Dan)
     Education (7)
**Olson (Ed), *Bogue, Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim)
     Government Operations and Audit (5)
**Gant, *Koskan, Apa, Earley, Moore
     Health and Human Services (7)
**Dempster, *Hansen (Tom), Adelstein, Duniphan, Olson (Ed), Sutton (Dan), Two Bulls
     Judiciary (7)
**Abdallah, *Schoenbeck, Gray, Knudson, Koskan, Koetzle, Moore
     Legislative Procedure (7)
**Schoenbeck, *Bogue, Duenwald, Gray, Koskan, Hanson (Gary), Moore
     Local Government (7)
**Duniphan, *Gray, Aldelstein, Broderick, Dempster, Kloucek, Two Bulls
     Retirement Laws (5)
**Greenfield, *Earley, Apa, Koetzle, Sutton (Dan)
     State Affairs (9)
**Bogue, *Koskan, Abdallah, McCracken, McNenny, Olson (Ed), Schoenbeck, Moore, Sutton (Dan)
     Taxation (9)
**Knudson, *Lintz, Duenwald, Hansen (Tom), Kelly, Kooistra, Hundstad, Nesselhuf, Peterson (Jim)
     Transportation (7)
**Kelly, *Broderick, Lintz, McCracken, McNenny, Hundstad, Kloucek


CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES


MR. PRESIDENT:

        Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

        That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 10, 2006.

        That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

        That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.


        That when the message of the Governor has been received, the Joint Session be dissolved.

        That the message of the Governor be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Thomas Deadrick    Lee Schoenbeck
Joel Dykstra    Eric Bogue
Margaret Gillespie    Garry Moore
House Committee    Senate Committee

    Sen. Bogue moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the message of the Governor be adopted.

    Which motion prevailed.

Also MR. PRESIDENT:

        Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Thomas Deadrick    Lee Schoenbeck
Joel Dykstra    Eric Bogue
Margaret Gillespie    Garry Moore
House Committee    Senate Committee

    Sen. Bogue moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session be adopted.

    Which motion prevailed.

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Chief Justice of the Supreme Court respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 11, 2006.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Chief Justice has been received, the Joint Session be dissolved.

    That the message of the Chief Justice be printed in the Senate Journal.

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

    Sen. Bogue moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the message from the Chief Justice of the Supreme Court be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1   Introduced by:  Senators Schoenbeck, Abdallah, Bogue, Koskan, and McCracken and Representatives Hennies, Cutler, Deadrick, Dykstra, Kraus, McCoy, McLaughlin, Michels, Murschel, O'Brien, Rhoden, Roberts, Rounds, Tornow, and Willadsen

       FOR AN ACT ENTITLED, An Act to   provide for the mandatory withdrawal of blood or other bodily substances subsequent to arrest for driving while under influence.

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

     SB 2   Introduced by:  Senators Schoenbeck, Bogue, and Moore and Representatives Michels, Hargens, and Rhoden

       FOR AN ACT ENTITLED, An Act to   appropriate money for the creation of a circuit court judgeship in the second judicial circuit.

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

     SB 3   Introduced by:  The Committee on Local Government at the request of the Office of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the establishment of representation areas for school board members and determination of vacancies on school boards.

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

     SB 4   Introduced by:  Senators Kloucek and Koetzle and Representatives Gassman, Lange, and Valandra

       FOR AN ACT ENTITLED, An Act to   establish certain air quality standards for hydrogen sulfide and to provide for their application to livestock facilities.

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

     SB 5   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   adjust certain participation standards for the South Dakota special pay retirement program.

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

     SB 6   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   define certain terms related to the South Dakota Retirement System.

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

     SB 7   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   clarify certain provisions regarding the level income payment option within the South Dakota Retirement System.

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

     SB 8   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   establish to whom the South Dakota Retirement System may make benefit payments on behalf of minors.

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

     SB 9   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   revise certain beneficiary provisions of the South Dakota Retirement System.

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

     SB 10   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   establish and revise certain provisions relating to South Dakota Retirement System disability benefits.

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

     SB 11   Introduced by:  The Committee on Local Government at the request of the Office of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   provide for the use of electronic ballot marking systems and for the appointment of precinct assistants and to declare an emergency.

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

     SB 12   Introduced by:  The Committee on Local Government at the request of the Office of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   prescribe the form of certain ballots used in local elections.

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

     SB 13   Introduced by:  The Committee on Local Government at the request of the Office of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the publication of facsimile ballots.

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

     SB 14   Introduced by:  The Committee on State Affairs at the request of the Department of Military and Veterans Affairs

       FOR AN ACT ENTITLED, An Act to   revise certain residency requirements regarding the eligibility for admission to the State Veterans' Home.

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

     SB 15   Introduced by:  The Committee on Judiciary at the request of the Office of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning trademark registration.

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

     SB 16   Introduced by:  Senator Kooistra and Representative Lange

       FOR AN ACT ENTITLED, An Act to   revise certain re-employment requirements in the South Dakota Retirement System.

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

     SB 17   Introduced by:  Senator Kooistra and Representative Lange

       FOR AN ACT ENTITLED, An Act to   prohibit certain young drivers from using a cellular telephone while operating a motor vehicle.

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

     SB 18   Introduced by:  Senators Kelly and Gant and Representatives Weems and Murschel

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the licensing of home inspectors.

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


     SB 19   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2006 regarding appropriations to the Board of Regents.

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

     SB 20   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a new dairy manufacturing plant at South Dakota State University and to make an appropriation therefor.

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

     SB 21   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a manure separator for the South Dakota Agricultural Experiment Station and to make an appropriation therefor.

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

     SB 22   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to transfer title to a T-28 experimental aircraft from the South Dakota School of Mines and Technology to the Strategic Air and Space Museum.

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

     SB 23   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a livestock feed storage room as an addition to the livestock feed facility at the South Dakota Agricultural Experiment Station Southeast Research Farm and to make an appropriation therefor.


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

     SB 24   Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the authority of the Public Utilities Commission with regard to AC/DC conversion projects and energy conversion facilities.

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

     SB 25   Introduced by:  The Committee on Transportation at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning motor carrier regulation and to transfer the authority to regulate motor carriers from the Public Utilities Commission to the Department of Revenue and Regulation.

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

     SB 26   Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

       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 first time and referred to the Committee on Appropriations.

     SB 27   Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

       FOR AN ACT ENTITLED, An Act to   make an appropriation to the state fair and to declare an emergency.

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

     SB 28   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   revise and correct certain provisions related to the criminal code revision of 2005.

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


     SB 29   Introduced by:  The Committee on Education at the request of the Department of Education

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the examination of teacher and administrator preparation programs.

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

     SB 30   Introduced by:  The Committee on Education at the request of the Department of Education

       FOR AN ACT ENTITLED, An Act to   revise the use of certain funds in the Department of Education.

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

     SB 31   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the licensing and regulation of technical professions.

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

     SB 32   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

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

     SB 33   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   require each applicant for licensure as a nurse and each licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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

     SB 34   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   revise the quorum requirements for the Board of Nursing.

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

     SB 35   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act to   rename the Board of Counselor Examiners and to revise certain provisions relating to the rule-making authority of the board.

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

     SB 36   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to interpreters for the deaf.

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

     SB 37   Introduced by:  The Committee on Commerce at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding fire safety and regarding the authority of the Department of Public Safety to promulgate rules pertaining to fire safety.

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

     SB 38   Introduced by:  The Committee on Commerce at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   increase the annual operation certificate fee for certain boilers.

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

     SB 39   Introduced by:  The Committee on Commerce at the request of the Department of Public Safety


       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding petroleum and motor fuels testing, quality, and labeling.

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

     SB 40   Introduced by:  The Committee on Commerce at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of weighing and measuring devices and the regulation of service agencies of weighing and measuring devices.

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

     SB 41   Introduced by:  The Committee on Transportation at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   revise and update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

     SB 42   Introduced by:  The Committee on Transportation at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   update and revise certain provisions pertaining to saddlemount motor vehicle combinations.

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

     SB 43   Introduced by:  The Committee on Transportation at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   update certain provisions for the storage of explosive materials.

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

     SB 44   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding waiting periods for the filing of insurance rates.


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

     SB 45   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   modify certain requirements for group health coverage for premature births, congenital defects, and birth abnormalities.

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

     SB 46   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   clarify the taxes for certain life insurance premiums and annuity considerations.

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

     SB 47   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   allow health maintenance organizations to rate employer sponsored plans without prior approval.

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

     SB 48   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   clarify certain statutory references regarding the sale of alcoholic beverages.

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

     SB 49   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   modify the requirements for health discount plans.

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

     SB 50   Introduced by:  The Committee on Judiciary at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   make certain members of limited liability companies and partnerships personally responsible for certain tax debts.

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

     SB 51   Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

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

     SB 52   Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   eliminate the requirement for a signature on certain tax applications.

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

     SB 53   Introduced by:  The Committee on Health and Human Services at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the consideration of assets for the purpose of long-term care eligibility.

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

     SB 54   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system.

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

     SB 55   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act to   modify the process for state highway road closures due to inclement weather.

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

     SB 56   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act to   authorize the railroad authority to acquire certain railroad facilities and to declare an emergency.

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

     SB 57   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   revise the definition of deceptive acts and practices and to increase the statute of limitations regarding deceptive trade practices.

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

     SB 58   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   define gamma hydroxyl butyrate as a controlled substance.

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

     SB 59   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   provide for the use of chemist's affidavits in certain parole, probation, and contested case proceedings.

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

     SB 60   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the licensure of polygraph examiners.

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

     Sen. Bogue moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Wednesday, January 11, the 2nd legislative day.

     Which motion prevailed.

     Sen. Knudson moved that the Senate do now adjourn, which motion prevailed and at 12:47 p.m. the Senate adjourned.

Patricia Adam, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, M. Michael Rounds. The President of the Senate, Dennis Daugaard, presiding.

    The following prayer was delivered by Father James Pearson, Christ Episcopal Church, Yankton, South Dakota:

    Let us pray. Creator God, You have made us in Your image and in You alone we find our shared humanity. You bestow upon us all that is true, gracious and noble. We humbly ask that You so guide and direct Michael, our Governor, each member of the Legislature and every citizen of this fair state to seek the common good. Help us to respect the inherent dignity of every human being and to be wise and diligent caretakers of the beauty of Your creation. We pray for the safety of the men and women of our Armed Forces. We remember before You those who have died in service to their country, in particular, the brave soldiers from South Dakota. May the sacrifices of all lead us to Your cause of peace in the world. In Your Sacred 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; McKenny; Moore; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schoenbeck; Smidt; Sutton, Dan; Sutton, Duane.

    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 M. Michael Rounds, Governor 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 the Honorable M. Michael Rounds, who was escorted to the rostrum.

    The Lieutenant Governor, Dennis Daugaard, introduced the Honorable M. Michael Rounds, who delivered the State of the State Address.

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

    Which motion prevailed.