JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 10, 2007

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Kelly Sternhagen.

     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,
Bob Gray, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS


July 25, 2006

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 Jerome Howe, Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This reappointment is effective immediately, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Judiciary.

August 3, 2006

Lt. Governor Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501

Re: Appointment of Sharon Kallemeyn

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of SDCL 23A-28B-5, and subject to your confirmation, I have the honor to inform you that I have appointed Sharon Kallemeyn to the Crime Victims' Compensation Commission. I have enclosed her Statement of Financial Interest and Executive Appointment.

    This appointment is effective immediately, and expires June 30, 2009.

Very truly yours,
    Larry Long
ATTORNEY GENERAL

    The President announced the referral of the appointment to the Committee on Judiciary.

December 20, 2006

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 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kory Menken, Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission.

    This reappointment is effective January 1, 2007, and shall continue until January 1, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

December 20, 2006

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 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dick Werner, Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission.

    This reappointment is effective January 1, 2007, and shall continue until January 1, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.


March 14, 2006

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 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Duane Schmautz, Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

    This reappointment is effective immediately, and shall continue until January 1, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

April 6, 2006

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 Barbara Christianson, Pennington County, Rapid City, South Dakota, to the Career Service Commission.

    This reappointment is effective immediately, and shall continue until April 22, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.



April 6, 2006

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 Jean (Dawn) Morris, Hughes County, Pierre, South Dakota, to the Career Service Commission.

    This reappointment is effective immediately, and shall continue until April 22, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

February 22, 2006

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 immediately, and shall continue until January 18, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.


February 22, 2006

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 immediately, and shall continue until January 18, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

March 14, 2006

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 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that Governor M. Michael Rounds has appointed Virginia Nelson, Pennington County, Rapid City, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.


June 1, 2006

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 Tonnis Venhuizen, Douglas County, Armour, South Dakota, to the State Board of Regents.

    This reappointment is effective July 1, 2006, and shall continue until June 30, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.

August 11, 2006

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 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Rick Knobe, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    This reappointment is effective immediately, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.


August 11, 2006

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 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kay Jorgensen, Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    This reappointment is effective immediately, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.

August 11, 2006

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 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Glenda Woodburn, Hughes County, Pierre, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    This reappointment is effective immediately, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.


August 11, 2006

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 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Mark Shlanta, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    This reappointment is effective immediately, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.

December 20, 2006

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 Richard Gowen, Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

    This reappointment is effective January 1, 2007, and shall continue until December 31, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.


December 20, 2006

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 appointed Donald A. Kirkegaard, Marshall County, Britton, South Dakota, to the South Dakota Board of Education.

    This appointment is effective January 1, 2007, and shall continue until December 31, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Education.

October 11, 2006

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 Governor M. Michael Rounds has appointed Patricia Simmons, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.

    This appointment is effective October 6, 2006, and shall continue until December 31, 2007.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Education.


REPORTS OF JOINT-SELECT COMMITTEES


MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Eighty-second Legislative Session be January 9 through January 12, January 16 through January 19, January 22 through January 26, January 29 through February 2, February 5 through February 9, February 12 through February 16, February 20 through February 23, February 26 through March 2, March 5, March 6, and March 26.

Respectfully submitted,    Respectfully submitted,
Shantel Krebs    Bob Gray
Bob Faehn    Dave Knudson
Thomas Van Norman    Scott Heidepriem
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 Eighty-second 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 nine trips will be considered for the 2007 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,
Thomas Deadrick    Bob Gray
Larry Rhoden    Dave Knudson
Dale Hargens    Scott Heidepriem
House Committee    Senate Committee

Also 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 250 copies of the Senate and House bills and resolutions (each); and 210 copies of the Senate and House daily journals (each) for the Eighty-second 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 $55 per set of bills and $70 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.

    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, 2007, 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 for $55 per set and a set of journals for $70 per set for the Eighty-second 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 $55 per set of bills and $70 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.

Respectfully submitted,    Respectfully submitted,
Charles Turbiville    Thomas Dempster
Thomas Brunner    Cooper Garnos
Burt Elliott    Garry Hanson
House Committee    Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House of Representatives and Senate

respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on January 18, 2007, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.

    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.

Respectfully submitted,     Respectfully submitted,
Phyllis Heineman        Kenneth McNenny
Paul Nelson    Royal “Mac” McCracken
Gordon Howie    Jim Peterson
Margaret Gillespie    Senate Committee
House Committee


Also MR. PRESIDENT:

    Your Joint-Select Committee appointed relative to securing chaplains for the Eighty- second Legislative Session respectfully reports:

    We have conferred with the Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Pastor Michael Bishop, Church of the Nazarene, as chief chaplain, to serve the Senate and House as chaplains throughout the Eighty-second session of the Legislature. The chaplains are as follows:

    Mike Bishop, Paul Bly, Theodora Boolin, Michele Bradley, Larry Cass, Brian Christensen, John Fette, Harvey Friez, Howard Grinager, Jenny Hallenbeck, Roger Heidt, Diane Jackson, Ruth Ann Loughry, Auggie Mintzlaff, Sunshine Mintzlaff, Dodie Noordermeer, John Tarrant, Brad Urbach, Levi Willms, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    Tom Hansen
Donald Van Etten    Orville Smidt
Mary Glenski    Julie Bartling
House Committee    Senate Committee


     REPORT OF SENATE SELECT COMMITTEE

MR. PRESIDENT:

Your Select Committee appointed on Senate rules respectfully reports that it has had under consideration the Senate rules and recommends that the temporary Senate rules become the permanent Senate rules of the Eighty-second Legislative Session with the following exception:


That the following new proposed rules on discipline and expulsion of members be amended to the Senate rules as a new chapter:

DISCIPLINE AND EXPULSION OF MEMBERS

Rule 8-1. Select Committee on Discipline and Expulsion

                    Any senator may move for the establishment of a Select Committee on Discipline and Expulsion to investigate the conduct of any other senator. Upon being seconded, the motion is debatable, and passage of the motion requires a majority vote of the members elect. The Select Committee on Discipline and Expulsion shall be composed of nine members of the Senate. The chair and vice chair of the select committee shall be chosen by the President Pro Tempore and may not both be members of the same political party. The other seven members of the select committee shall be chosen by the President Pro Tempore in consultation with the majority leader and the minority leader. No more than five members may be of the same political party.

Rule 8-2. Meetings; notice; quorum; vote

                    All meetings of the Select Committee on Discipline and Expulsion shall be held in the Capitol. A majority of the members of the committee constitutes a quorum. The affirmative vote of majority of those present and voting, assuming a quorum, is required for actions of the committee.

                    All meetings of the Select Committee on Discipline and Expulsion are open meetings in like manner to any other Senate committee meeting. All meetings shall be webcast and archived in like manner to any other Senate committee meeting.

                    All meetings of the Select Committee on Discipline and Expulsion shall be scheduled at times that are not in conflict with any other official Senate business. All members of the Senate have the right to be present during all of the select committee's meetings.

Rule 8-3. Oath

                    Prior to consideration of any matter referred to it, except establishing a quorum, the members of the select committee shall subscribe to the following oath, which shall be administered by the Secretary of the Senate.

                    "I do solemnly swear (affirm) that in all things appertaining to the matter referred to this select committee, I will do impartial justice according to the Constitution, laws, Joint Rules, and Senate Rules of the State of South Dakota. I do solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Senate Select Committee on Discipline and Expulsion in the aforesaid matter, according to the best of my ability and understanding, so help me God."

Rule 8-4. Procedure in committee

            The Select Committee on Discipline and Expulsion shall:



                    (1) Conduct all hearings in like manner to any other Senate committee meeting, and only after informing the member who is the subject of the hearing in writing of the date and time of each meeting held for the purpose;

                    (2) Invite the member who is the subject of the hearing to attend all meetings of the committee in person and to be accompanied by legal counsel, or to be represented at the hearings by legal counsel of the member's choice and at the member's own expense;

                    (3) Afford the member full opportunity to present the member's position, to present witnesses in support of the member's position, and extend the opportunity to confront and to question witnesses called by the committee;

                    (4) Advise the member immediately of the date and time of each meeting, in cases where the committee adjourns prior to completing its work and submitting its report to the Senate.

                    If the Senate is called into special session for the express purpose of investigating the conduct of a Senator, the member is deemed to have received constructive notice within the provisions of this rule.

Rule 8-5. Subpoena power; punishment for contempt

                    The select committee is hereby specifically and expressly granted the power and authority, with the written approval of the chair of the committee, or the approval of a majority of the members of the committee, to hold hearings, subpoena witnesses, administer oaths, require the production of books and records, and to do all other things necessary to accomplish the purpose of its hearings and deliberations.

                    If a subpoena is not honored, the select committee also has the power to punish for contempt and to provide for the prosecution of any person for refusal to testify, false swearing, or perjury before the select committee in accordance with law.

Rule 8-6. Receipt of resignation; authority of the chair

                    If, prior to resolution of the investigation, a written resignation signed by the senator who is the subject of the investigation has been received by the chair, the chair may terminate the meetings of the select committee.

Rule 8-7. Select Committee Report

            Any action to expel, censure, discipline, or exonerate a senator shall be proposed in a select committee report of the Select Committee on Discipline and Expulsion. If the select committee report calls for expulsion, censure, or discipline, the report shall set forth the causes and grounds for which expulsion, censure, or discipline is being recommended by the Senate, and it shall state the particular form of action recommended to the Senate. If the select committee report calls for exoneration, the report shall set forth the reasons why exoneration is appropriate.


Rule 8-8. Procedure in the Senate

                    Adoption of a select committee report for the expulsion of a senator requires the favorable vote of a two-thirds majority of the elected members. Adoption of a select committee report for the censure or discipline of a senator requires the favorable vote of a three-fifths majority of the elected members. Adoption of a select committee report for the exoneration of a senator requires the favorable vote of a majority of the elected members.

Respectfully submitted
Bob Gray    
Dave Knudson    
Scott Heidepriem    
Senate Committee    

     Sen. Knudson moved that the Senate do now recess until the conclusion of the speech by the Chief Justice, which motion prevailed and at 1:30 p.m., the Senate recessed.

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 13 of the Senate 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 all Creation, in the words from Proverbs you tell us that you give wisdom and "store up sound wisdom for the upright; they are a shield to those who walk blamelessly and preserving the way of his faithful one." (Proverbs 2:7-8) We pray for the men and women who have been set aside as Justices and Judges, that you might bless them with your abiding wisdom and courage, so that justice and mercy might prevail for the people of South Dakota. We pray as well for our Governor and Legislators and all those who hold elected or appointed office, bless this legislative session that through their work what is best for all might be set forth. On this day we lift up in pray Senator Johnson and his family, that he may continue to know your healing presence and that his family might be comforted in their waiting. 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; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schmidt, Dennis; Smidt, Orville; Sutton; Turbak; Two Bulls.


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

Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup, Al; Novstrup, David; Nygaard; Olson, Betty; Olson, Russell; Olson, Ryan; Pederson, Gordon; Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick.

    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 Reps. Rhoden, Dykstra, Hargens, and Gillespie on the part of the House and Sens. Gray, Knudson, and Heidepriem 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. Knudson moved that the Joint Session do now dissolve.

    Which motion prevailed.

    The Senate reconvened at 2:15 p.m., the President presiding.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Krebs, Faehn, and Van Norman 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.


Respectfully,
Karen Gerdes, Chief Clerk


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Heineman, Nelson, Howie, and Gillespie as a committee of four on the part of the House to meet with a committee of three on the part of the Senate for the purpose of arranging for a memorial recognition of deceased former members of the House and Senate.


Respectfully,
Karen Gerdes, Chief Clerk

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Deadrick, 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 Eighty-second Legislative Session.


Respectfully,
Karen Gerdes, Chief Clerk

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Turbiville, Brunner, 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.


Respectfully,
Karen Gerdes, Chief Clerk

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Deadrick, 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 Eighty- second 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.

Respectfully,
Karen Gerdes, Chief Clerk


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Hunt, Van Etten, and Glenski 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 Eighty-second Legislative Session.


Respectfully,
Karen Gerdes, Chief Clerk

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rave, 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 communications he may desire to transmit.

Respectfully,
Karen Gerdes, Chief Clerk

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rave, 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 of the two houses to receive the message of the Governor.


Respectfully,
Karen Gerdes, Chief Clerk

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.

Respectfully,
Karen Gerdes, Chief Clerk


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.


Respectfully,
Karen Gerdes, Chief Clerk

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 communications he may desire to transmit.


Respectfully,
Karen Gerdes, Chief Clerk

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

MOTIONS AND RESOLUTIONS


     Sen. Albers moved that SB 6 be referred from the Committee on State Affairs to the Committee on Local Government.

     Which motion prevailed.

CONSIDERATION OF REPORT OF SENATE SELECT COMMITTEE


     Sen. Knudson moved that the report of the Senate Select Committee relative to Senate Rules as found on page 46 of the Senate Journal be adopted.

     The question being on Sen. Knudson's motion that the report of the Senate Select Committee relative to Senate Rules as found on page 46 of the Senate Journal be adopted.



     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Turbak

     Nays:
Koetzle; Two Bulls

     Excused:
Sutton

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

COMMEMORATION


     SC 1   Introduced by:  Senators Kloucek, Bartling, Gant, Garnos, Hanson (Gary), Heidepriem, Hoerth, Hunhoff, Katus, Koetzle, Maher, Peterson (Jim), Sutton, and Two Bulls and Representatives Putnam, Ahlers, Boomgarden, Carson, Deadrick, DeVries, Elliott, Engels, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hargens, Jerke, Lucas, Miles, Moore, Novstrup (Al), Nygaard, Olson (Betty), Pederson (Gordon), Rave, Thompson, and Turbiville

         A LEGISLATIVE COMMEMORATION,  Honoring and supporting Czech Days in Tabor, South Dakota, on the occasion of its fifty-ninth 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 Czech Days Royalty are Queen Katy Adam, daughter of Roland and Susan Adam of Yankton; Princess Morgan Rothschadl, daughter of Greg and Lauri Rothschadl of Tabor; and Prince Alex Dangler, son of Wade and Lisa Dangler of Yankton; 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, a quilt show, a craft fair, the Show-and-Shine Auto, Motorcycle, and Tractor Show, a baseball game, and a fireworks display dedicated to Battery C, 147th Field Artillery, South Dakota Army National Guard:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second 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-ninth annual Czech Days on June 14, 15, and 16, 2007.

     Sen. Abdallah moved that the Senate do now adjourn, which motion prevailed and at 2:24 p.m. the Senate adjourned.

Trudy Evenstad, Secretary