JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 11, 2011

    BE IT REMEMBERED, That on the eleventh day of January, A.D., two thousand eleven, 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-sixth regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Matt Michels 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, Rev. Mike Bishop, Pierre/Ft. Pierre Ministerial Association:

    Father, we come before You on this day and give thanks for our great state of South Dakota. You tell us in Your Word that when we seek You we will find You, and when we find You then You will do great and mighty things. Today Lord we seek You and all that You have for us. We hold up in prayer before You the men and women who are in positions of authority. We pray and intercede for the Governor and his cabinet, the Senators, and the Representatives of our state. We pray for all those who are in authority over us in any way. We pray that the Spirit of God will rest upon them. Father, we ask that Your Spirit would guide them as they face the tough agenda that lies before them. As they are faced with making decisions that will affect the citizens of our state we pray that You would give them the wisdom and knowledge to make the right decisions. Father, we pray that You will cause them to be men and women of integrity and that You will keep them safe throughout this legislative session as they travel between their homes and this State Capitol. Father, we also lift before You the young men and women from our state who are serving in the armed forces and are fighting so that we can enjoy the freedom that we have. Father, keep them safe and protect them. We ask that You give Your peace to their families during their deployments. Father, You are the author and perfecter of our souls. I pray that everything that is done in the next months would be pleasing and glorifying to You. I pray all these things in the name of the Father, Son and Holy Spirit. Amen.


    The Pledge of Allegiance to the flag of the United States was led by Senate pages Rachelle Norberg and Kaitlyn Gunnare.

COMMUNICATIONS AND PETITIONS

    I, JASON GANT, 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, 2010, are hereby certified as members of the Senate of the 2011-2012 Legislative Sessions:

District No.  1   Day, Marshall, and Roberts Counties
                 Jason Frerichs, Wilmot

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

District No.  3   Brown and McPherson Counties
                 Al Novstrup, Aberdeen

District No.  4   Brookings, Deuel, Grant, and Moody Counties
                 Tim Begalka, Clear Lake

District No.  5   Codington County
                 Ried Holien, Watertown

District No.  6   Beadle, Clark, Codington, Hamlin, and Kingsbury Counties
                 Art Fryslie, Willow Lake

District No.  7   Brookings County
                 Larry Tidemann, Brookings

District No.  8   Lake, Miner, Moody, and Sanborn Counties
                 Russell Olson, Madison

District No.  9   Minnehaha County
                 Deb Peters, Hartford

District No. 10  Lincoln and Minnehaha Counties
                 Shantel Krebs, Renner

District No. 11  Lincoln and Minnehaha Counties
                 Todd Schlekeway, Sioux Falls

District No. 12  Lincoln and Minnehaha Counties
                  Mark Johnston, Sioux Falls

District No. 13  Minnehaha County
                  Phyllis Heineman, Sioux Falls



District No. 14  Minnehaha County
                  Joni M. Cutler, Sioux Falls

District No. 15  Minnehaha County
                 Angie Buhl, Sioux Falls

District No. 16  Lincoln and Union Counties
                 Dan Lederman, Dakota Dunes

District No. 17  Clay and Turner Counties
                 Eldon Nygaard, Vermillion

District No. 18  Yankton County
                  Jean Hunhoff, Yankton

District No. 19  Bon Homme, Douglas, Hutchinson, and Turner Counties
                 J.E. "Jim" Putnam, Armour

District No. 20  Aurora and Davison Counties
                 Mike Vehle, Mitchell

District No. 21  Brule, Buffalo, Charles Mix, Jones, and Lyman Counties
                 Cooper Garnos, Presho

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

District No. 23  Campbell, Edmunds, Faulk, Hyde, McPherson, Potter, and Walworth Counties
                 Corey Brown, Gettysburg

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

District No. 25  Hanson, McCook, and Minnehaha Counties
                Tim Rave, Baltic

District No. 26  Gregory, Mellette, Todd, and Tripp Counties
                 Billie H. Sutton, Burke

District No. 27  Bennett, Haakon, Jackson, and Shannon Counties
                 Jim Bradford, Pine Ridge

District No. 28  Butte, Corson, Dewey, Harding, Meade, Perkins, and Ziebach Counties
                 Ryan Maher, Isabel

District No. 29  Butte and Meade Counties
                Larry Rhoden, Union Center



District No. 30  Custer, Fall River, and Pennington Counties
                Bruce Rampelberg, Rapid City

District No. 31  Lawrence County
                Thomas R. Nelson, Lead

District No. 32  Pennington County
                Stan Adelstein, Rapid City

District No. 33  Meade and Pennington Counties
                Elizabeth Kraus, Rapid City

District No. 34  Pennington County
                Craig Tieszen, Rapid City

District No. 35  Pennington County
                Jeffrey K. Haverly, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 7th day of January, 2011.

    (SEAL)                                          Jason Gant

Secretary of State

    I, JASON M. GANT, Secretary of State of the State of South Dakota do hereby certify that the following members elected to the Senate of the State of South Dakota for the term 2011-2012 were administered the oath of office on the 8th day of January, 2011, in the Senate Chamber, at the seat of state government in Pierre by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the State of South Dakota, and subscribed to the same and that such oath is now on file in the office of the Secretary of State of South Dakota.

Tim Begalka                            Dan Lederman
Jim Bradford                            Ryan Maher
Corey Brown                            Tom R. Nelson
Angie Buhl                            Al Novstrup
Jason Frerichs                            Eldon E. Nygaard
Art Fryslie                            Russell Olson
Cooper Garnos                        Deb Peters
Bob Gray                            J.E. "Jim" Putnam
Tom Hansen                            Bruce E. Rampelberg
Jeffrey K. Haverly                        Timothy A. Rave
Phyllis M. Heineman                        Larry Rhoden
Jean M. Hunhoff                        Billie H. Sutton
Elizabeth Kraus                        Larry Tidemann
Shantel Krebs                            Mike Vehle



    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of South Dakota this 11th day of January, 2011.

[SEAL]                                  Jason M. Gant
                                      Secretary of State

    I, JASON M. GANT, Secretary of State of the State of South Dakota, do hereby certify that the following Senators were not present January 8, 2011, for the swearing in ceremonies or have yet to take the oath of office:

Stanford M. Adelstein
Joni M. Cutler
Ried S. Holien
Jim Hundstad
J. Mark Johnston
Todd Schlekeway
Craig Tieszen

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of South Dakota this 11th day of January, 2011.

[SEAL]                                         Jason M. Gant
                                             Secretary of State

    The oath of office was administered by the Honorable Glen Severson, Justice of the Supreme Court of the State of South Dakota, to the following Senators-elect:

Stanford M. Adelstein
Ried S. Holien
Jim Hundstad
J. Mark Johnston
Todd Schlekeway
Craig Tieszen

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

    I, JASON M. GANT, Secretary of State of the State of South Dakota, do hereby certify that on the eighth day of January, A.D., two thousand and eleven, at the hour of twelve o'clock meridian, the Honorable David Gilbertson, Chief Justice of the Supreme Court of the State of South Dakota, in the rotunda of the Capitol Building, at the seat of the government in Pierre and in the presence of the legislators there assembled, administered the oath of office to the following state constitutional officers-elect which was subscribed to and placed on file in the office of the Secretary of State of South Dakota.


Governor - Dennis Daugaard

Lieutenant Governor - Matt Michels

Secretary of State - Jason M. Gant having formally been sworn in on January 2, 2011, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the State of South Dakota.

Attorney General - Marty J. Jackley

State Auditor - Steven J. Barnett

State Treasurer - Richard L. Sattgast

Commissioner of School and Public Lands - Jarrod R. Johnson having been formally sworn in on January 8, 2011, by the Honorable Steven Zinter, Justice of the Supreme Court of the State of South Dakota

Public Utilities Commissioner - Chris Nelson, appointed January 8, 2011, to fill the unexpired term of Dustin "Dusty" Johnson who will not be taking the oath of office, and having been formally sworn in on January 8, 2011, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the State of South Dakota

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of South Dakota this 11th day of January, 2011.

[SEAL]                                     Jason M. Gant
                                        Secretary of State


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

MOTIONS AND RESOLUTIONS

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

    Which motion prevailed.

    Sen. Olson moved that Sen. Gray be elected President Pro tempore of the Senate for the Eighty-sixth Legislative Session.

    The question being on Sen. Olson's motion that Sen. Gray be elected President Pro tempore of the Senate for the Eighty-sixth Legislative Session.


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Cutler; Krebs

    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 Glen Severson, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Bob Gray.

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

    Sen. Olson moved that Trudy Evenstad be elected Secretary of the Senate for the Eighty-sixth Legislative Session.

    The question being on Sen. Olson's motion that Trudy Evenstad be elected Secretary of the Senate for the Eighty-sixth Legislative Session.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Cutler; Krebs

    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 Glen Severson, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Trudy Evenstad.

    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-sixth Legislative Session:

    Assistant to the Secretary -- Kay Agena

    Assistant to the Secretary -- Carolyn Riter

    Assistant to the Secretary -- Carolyn Jorgensen

    Secretary to the President Pro Tempore -- Cheri Hauschild

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Suzanne Jones

    Appropriations Secretary -- Barbara Bjorneberg

            Committee Secretaries -- Lois Henry, Cindy Louder

    Sergeant-at-Arms -- Dave Bonde

    Assistant Sergeants-at-Arms -- Robert Bartlett, Gary Hoscheid, Larry Vetter

                    Pages (1st term) -- Casson Dennison, Alex Famestad, Allison Guindon, Kaitlyn Gunnare, Alexandra Hagman, Raquel Hohn, Camy Jo Kessler, Jeremy Nettifee, Rachelle Norberg, Nathan Shay

                    Pages (2nd term) -- Joseph Bliss, Grace Buchloh, Derek Chase, Jacob Clark, Jessica Duerre, Nicole Merriman, Marie Mulloy, Jaakko Pehkonen, Heidi Reiners, Mackenze Schauf-Benter, Sarah Schiley, Gemma Trask, Samantha White, William Wiseman

                    Pages (3rd term) -- Leah Cypher, Elaina Deadrick, Cristina Drey, Ashley Higdon, Kendra Lauer, Frankie Lux, Cassandra Mraz, Sammi Nachtigal, Olivia Siglin, Elizabeth Strohman, Mariah Waters

                    Pages (4th term) -- Peyton Healy, Sophie Iversen, Max Kennedy, Matilyn Kerr, Victoria Kinkler, Maria Montoya, Regan Olson, Lexy Schempp, Sadie Stevens, Jesse Todd, Kaitlynn Wornson


                    Legislative Interns -- Lora Buckles, Melisa Forest, Stephanie Gruba, Christen Leedom, Michelle Oswald, Paul Rann, Samuel Strommen, Ashley Tanner, Katie Wagner

    Legislative Aide -- Michael Fischer

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

    Assistant to the Secretary -- Kay Agena

    Assistant to the Secretary -- Carolyn Riter

    Assistant to the Secretary -- Carolyn Jorgensen

    Secretary to the President Pro Tempore -- Cheri Hauschild

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Suzanne Jones

    Appropriations Secretary -- Barbara Bjorneberg

            Committee Secretaries -- Lois Henry, Cindy Louder

    Sergeant-at-Arms -- Dave Bonde

    Assistant Sergeants-at-Arms -- Gary Hoscheid

                Pages (1st term) -- Casson Dennison, Alex Famestad, Allison Guindon, Kaitlyn Gunnare, Alexandra Hagman, Raquel Hohn, Camy Jo Kessler, Jeremy Nettifee, Rachelle Norberg, Nathan Shay

            Legislative Interns -- Lora Buckles, Melisa Forest, Stephanie Gruba, Christen Leedom, Michelle Oswald, Paul Rann, Samuel Strommen, Ashley Tanner, Katie Wagner

    Legislative Aide -- Michael Fischer

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


    Sen. Olson moved that the permanent joint rules and the permanent Senate rules of the Eighty-fifth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Eighty-sixth Legislative Session.


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

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Cutler; Krebs

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

    Sen. Olson 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 arrange for a Joint Session of the two houses to receive the message of the Governor.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    Sen. Olson 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 he may desire to make.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    Sen. Olson 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 Eighty-sixth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.


    Sen. Olson 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 arrange for legislative days for the members, officers, and employees of the Senate and the House.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    Sen. Olson 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 setting the compensation schedule of the elective and appointive officers and employees of the Senate and House for the Eighty-sixth 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. Gray, Brown, and Frerichs.

    Sen. Olson 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 conferring 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. Brown, Rave, and Hundstad.

    Sen. Olson 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 securing chaplains for the Eighty-sixth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Rhoden, Heineman, and Hundstad.

    Sen. Olson 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 for the purpose of arranging a memorial recognition of deceased former members of the Senate and House.

    Which motion prevailed and the President announced as such committee Sens. Schlekeway, Lederman, and Hundstad.


    Sen. Olson 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 Joint Session of the Senate and House of Representatives to receive a message from the Honorable David Gilbertson, Chief Justice of the Supreme Court.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    Sen. Olson moved that a committee of three on the part of the Senate be appointed to meet relative to Senate Rules.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)
**Krebs, *Maher, Begalka, Fryslie, Garnos, Hansen (Tom), Rhoden, Vehle, Frerichs
     Appropriations (9)
**Brown, *Tidemann, Haverly, Heineman, Novstrup (Al), Peters, Putnam, Rampelberg, Sutton
    Commerce (7)
**Nelson, *Nygaard, Adelstein, Johnston, Lederman, Rave, Buhl
     Education (7)
**Garnos, *Johnston, Gray, Kraus, Rave, Schlekeway, Bradford
     Government Operations and Audit (5)
**Haverly, *Peters, Hunhoff (Jean), Tidemann, Hundstad
     Health and Human Services (7)
**Hunhoff (Jean), *Kraus, Holien, Krebs, Rave, Schlekeway, Bradford
     Judiciary (7)
**Tieszen, *Cutler, Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl
     Legislative Procedure (7)
**Gray, *Rave, Brown, Heineman, Olson (Russell), Putnam, Frerichs
     Local Government (7)
**Schlekeway, *Holien, Hunhoff (Jean), Lederman, Nelson, Tieszen, Bradford
     Retirement Laws (5)
**Rampelberg, *Nelson, Tidemann, Buhl, Sutton

     State Affairs (9)
**Rhoden, *Olson (Russell), Adelstein, Cutler, Garnos, Gray, Johnston, Tieszen, Frerichs
Taxation (7)
**Hansen (Tom), *Lederman, Fryslie, Maher, Nelson, Nygaard, Hundstad
     Transportation (7)
**Vehle, *Fryslie, Cutler, Hansen (Tom), Krebs, Maher, Hundstad


REPORTS OF JOINT-SELECT COMMITTEES

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,
Brian Gosch    Bob Gray
Justin Cronin    Russell Olson
Mitch Fargen    Jason Frerichs
House Committee    Senate Committee

    Sen. Olson 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 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 11, 2011.

    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 House Journal.

Respectfully submitted,    Respectfully submitted,
Brian Gosch    Bob Gray
Justin Cronin    Russell Olson
Mitch Fargen    Jason Frerichs
House Committee    Senate Committee

    Sen. Olson moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive a message from the Governor 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 12, 2011.

    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 House Journal.

Respectfully submitted,    Respectfully submitted,
David Lust    Bob Gray
Justin Cronin    Russell Olson
Bernie Hunhoff    Jason Frerichs
Mitch Fargen    Senate Committee
House Committee

    Sen. Olson moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive a 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 Hansen (Tom), Bradford, Frerichs, Fryslie, Rhoden, and Tidemann and Representatives Vanneman, Brunner, Gibson, Hoffman, Kloucek, Lucas, and Schrempp at the request of the Interim Department of Environment and Natural Resources Agency Review Committee

    FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes related to natural resources.

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

    SB 2 Introduced by: Senators Rave, Haverly, Putnam, and Tieszen and Representatives Kirkeby, Feickert, Wink, and Wismer at the request of the Interim Bureau of Administration Agency Review Committee

    FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain provisions related to the Bureau of Administration.

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

    SB 3 Introduced by: Senators Rave, Haverly, Putnam, and Tieszen and Representatives Kirkeby, Feickert, Wink, and Wismer at the request of the Interim Bureau of Administration Agency Review Committee

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of the state seal.

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

    SB 4 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to update certain standards governing pedestrian control signals.

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


    SB 5 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to revise the maximum distance from a bridge for posting maximum vehicle weight warning signage.

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

    SB 6 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 provide for the transfer of the state's interests in the Sisseton National Guard Armory to the city of Sisseton.

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

    SB 7 Introduced by: The Committee on State Affairs at the request of the Bureau of Administration

    FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.

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

    SB 8 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district unreserved fund balances.

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

    SB 9 Introduced by: The Committee on Health and Human Services at the request of the Bureau of Personnel

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility requirements for the state risk pool.

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

    SB 10 Introduced by: The Committee on Appropriations at the request of the Board of Regents



    FOR AN ACT ENTITLED, An Act to appropriate certain funds for the construction of a new dairy manufacturing plant at South Dakota State University and to declare an emergency.

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

    SB 11 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources fund to the State Conservation Commission and to declare an emergency.

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

    SB 12 Introduced by: The Committee on Judiciary at the request of the Department of Social Services

    FOR AN ACT ENTITLED, An Act to provide for a Visitation Grant Commission.

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

    SB 13 Introduced by: The Committee on Judiciary at the request of the Department of Social Services

    FOR AN ACT ENTITLED, An Act to revise certain evidentiary rules relating to the statements of children.

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

    SB 14 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 require the mandatory reporting of abuse or neglect of elderly or disabled adults.

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

    SB 15 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 the definition of accredited prevention or treatment facilities and to authorize the Division of Drug and Alcohol Abuse to inspect these facilities and access their records.



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

    SB 16 Introduced by: The Committee on Health and Human Services at the request of the Board of Examiners of Social Workers

    FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating from social work programs that are in candidacy status.

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

    SB 17 Introduced by: The Committee on Taxation at the request of the Department of Tourism and State Development

    FOR AN ACT ENTITLED, An Act to provide for a property tax exemption for certain property leased by the Science and Technology Authority.

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

    SB 18 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise certain requirements regarding a commercial driver license.

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

    SB 19 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 pertaining to motor carrier safety and the transportation of hazardous materials.

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

    SB 20 Introduced by: The Committee on Judiciary at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to remove the requirement of a prior felony conviction for a fourth and subsequent driving under the influence offenses.

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


    SB 21 Introduced by: The Committee on Commerce at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to eliminate the requirement for single action hardware on primary exit doors for specialty resorts and vacation homes.

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

    SB 22 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to provide for the regulation and licensure of birth centers.

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

    SB 23 Introduced by: The Committee on Commerce at the request of the Public Utilities Commission

    FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.

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

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

    FOR AN ACT ENTITLED, An Act to increase the filing fee for a rate case filed by a gas or electric public utility.

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

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

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of funds in the telephone solicitation account.

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

    SB 26 Introduced by: The Committee on Commerce at the request of the Public Utilities Commission


    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the implementation of a proposed rate or practice by a gas or electric public utility.

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

    SB 27 Introduced by: The Committee on Commerce at the request of the State Electrical Commission

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the State Electrical Commission.

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

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

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of the secretary of transportation to create limited speed zones through highway work areas and to declare an emergency.

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

    SB 29 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to create the crime of making a false statement to a law enforcement officer and provide a penalty therefor.

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

    SB 30 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the expungement of arrest records.

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

    SB 31 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 regarding the expungement of arrest records.



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

    SB 32 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 time period to update certain sex offender registration information and to require the collection of passport and professional license information for such registration purposes.

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

    SB 33 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 regarding the 24/7 sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition interlock devices.

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

    SB 34 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to create the crime of possessing, selling, or distributing certain substances intended for the purpose of intoxication.

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

    SB 35 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 regarding the crime of taking pictures without consent.

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

    SB 36 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to add a tribal member to the Law Enforcement Officers Standards Commission.

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



    SB 37 Introduced by: The Committee on Appropriations at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

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

    SB 38 Introduced by: The Committee on Commerce at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to establish network adequacy standards, quality assessment and improvement requirements, utilization review and benefit determination requirements, and grievance procedures for managed health care plans, and to repeal certain standards for managed health care plans.

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

    SB 39 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 provisions regarding what organizations qualify for an exemption from sales tax as a relief agency or a religious educational institution.

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

    SB 40 Introduced by: The Committee on Taxation at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to provide that the uniform administration of certain state taxes apply to the telecommunications gross receipts tax and to limit the application of the uniform administration of certain state taxes.

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

    SB 41 Introduced by: The Committee on Taxation at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to define the term, sale at retail, for the purpose of determining what constitutes gross receipts of a telecommunications company subject to the telecommunications gross receipts tax.


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

    SB 42 Introduced by: The Committee on Transportation at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption from the motor fuel tax for bulk fuel transfers into a terminal.

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

    SB 43 Introduced by: The Committee on Commerce at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain health insurance standards for patient protection.

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

    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 revise certain provisions regarding representations and warranties in insurance and annuity applications.

    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 repeal the requirement to prepare a report on extending health insurance to medically uninsurable individuals who are not part of a small employer group.

    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 provide that the state treasurer shall receive certain cost penalties in certain alcoholic beverage cases.

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



    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 revise certain firm ownership provisions regarding real estate license holders and to make form and style revisions to certain provisions related to the Real Estate Commission.

    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 revise certain provisions regarding the consumption of distilled spirits in public and to provide certain penalties for consumption 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 authorize the Real Estate Commission to commence actions for injunctions against certain individuals and entities that engage in the practice of real estate without a license issued and to provide for recovery of costs of the injunction proceedings by the commission.

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

    SB 50 Introduced by: The Committee on Health and Human Services at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise certain certification levels of emergency medical technicians.

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

    SB 51 Introduced by: The Committee on Appropriations at the request of the Department of Military and Veterans Affairs

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for renovation of the nursing care building on the South Dakota Veterans' Home campus and to declare an emergency.

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



    SB 52 Introduced by: The Committee on Appropriations at the request of the Department of Military and Veterans Affairs

    FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Military and Veterans Affairs to provide for the design, construction, and equipping of the veterans home near Hot Springs and to declare an emergency.

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

    SB 53 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 provisions relating to the Veterans Commission and to veterans' rights, benefits, and services.

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

    Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, January 12, the 2nd legislative day.

    Which motion prevailed.

    Sen. Olson moved that the Senate do now adjourn, which motion prevailed and at 12:43 p.m. the Senate adjourned.

Trudy Evenstad, 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, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Deacon Peter Mehlhaff, St. Mary's Catholic Church, Aberdeen, South Dakota:

    Almighty and eternal God, You have revealed Your glory to all nations. God of power and might, God of wisdom and justice, through You authority is rightly administered, laws are enacted and judgment is decreed.

    Assist with Your spirit of counsel and fortitude the Governor of South Dakota, that his administration may be conducted in righteousness and be eminently useful to Your people over whom he presides. May he execute the laws with justice and mercy.



    Let the light of Your divine wisdom direct the deliberations of this legislature and shine forth in all the proceedings and laws framed for our rule and government. May they seek to preserve peace; promote happiness and continue to bring us the blessings of liberty, morality and equality.

    We pray for our judges, elected civil officials and all others who are entrusted to guard our political welfare. May they be enabled by Your powerful protection to discharge their duties with honesty and ability.

    We likewise commend to Your mercy all citizens of South Dakota, that we may be blessed in the knowledge and sanctified in the observance of Your holy law. May we all be preserved in union and share in the peace that comes from You. And after enjoying the blessings of this life, may we be admitted to eternal life with You.

    We pray to You, who are Lord and God, for ever and ever. Amen.
    
    The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the following members were present:

Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen, Tom; Haverly; Heineman; Holien; Hundstad; Hunhoff, Jean; Johnston; Kraus; Krebs; Lederman; Maher; Nelson, Tom; Novstrup, Al; Nygaard; Olson, Russell; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle.

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

Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar, Hansen, Jon; Hawley; Hickey; Hoffman; Hubbel; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson, Stace; Novstrup, David; Olson, Betty; Perry, Romkema; Rozum; Russell; Schaefer; Schrempp, Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch.

    Sen. Russell Olson 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 Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Gray, Russell Olson, and Frerichs on the part of the Senate and Reps. Lust, Cronin, Bernie Hunhoff, and Fargen on the part of the House.

    The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.


    The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the State of the State Address.

    Sen. Russell Olson moved that the Joint Session do now dissolve.

    Which motion prevailed.