JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, 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, on the second Tuesday in January, being the day 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 House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the state of South Dakota, the seat of government thereof, was called to order by Jason M. Gant, the Secretary of State of the state of South Dakota.

    The following prayer was offered 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, wisdom and justice, through You authority is rightly administered, laws enacted and judgment is decreed.

    Come to these legislators today and throughout this session, remain with them and enlighten their hearts.

    Give them light and strength to know Your will, to make it their own and to live it in their lives.

    Guide them by Your wisdom; support them by Your power.

    You desire justice for all: enable these officials to uphold the rights of others; do not allow them to be misled by lack of knowledge or tainted by fear or favor.

    Unite them to Yourself in the bond of love and keep them faithful to all that is true. Help them to temper justice with love so that all their decisions may be pleasing to You, and earn for them the reward promised to good and faithful servants. Amen.

    The Pledge of Allegiance was led by House page Samantha Haverly.


    I, JASON M. GANT, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the House of Representatives at the general election held on November 2, 2010, are hereby certified as members of the House of Representatives of the 2011-2012 Legislative Sessions:

District No. 1    Day, Marshall and Roberts Counties
            Susan Wismer, Britton
            David Sigdestad, Pierpont        

District No. 2    Brown and Spink Counties
        H. Paul Dennert, Columbia
        Elaine M. Elliott, Aberdeen

District No. 3    Brown and McPherson Counties
        Dennis Feickert, Aberdeen
        David Novstrup, Aberdeen

District No. 4    Brookings, Deuel, Grant and Moody Counties
        Steve Street, Revillo
        Val Rausch, Big Stone City

District No. 5    Codington County
        Roger Solum, Watertown
        Melissa Magstadt, Watertown        

District No. 6    Beadle, Clark, Codington, Hamlin and Kingsbury Counties
        Brock L. Greenfield, Clark
        Burt E. Tulson, Lake Norden

District No. 7    Brookings County
        Spencer Hawley, Brookings
        Scott Munsterman, Brookings

District No. 8    Lake, Miner, Moody and Sanborn Counties
        Mitch Fargen, Flandreau
        Patricia K. Stricherz, Winfred

District No. 9    Minnehaha County
        Bob Deelstra, Hartford
        Steve Hickey, Sioux Falls

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

District No. 11    Lincoln and Minnehaha Counties
        Mark K. Willadsen, Sioux Falls
        Lora Hubbel, Sioux Falls



District No. 12    Lincoln and Minnehaha Counties
        Manny Steele, Sioux Falls
        Hal Wick, Sioux Falls

District No. 13    Minnehaha County
        Susy Blake, Sioux Falls
        Brian C. Liss, Sioux Falls

District No. 14    Minnehaha County
        Marc S. Feinstein, Sioux Falls
        R. Shawn Tornow, Sioux Falls

District No. 15    Minnehaha County
        Patrick A. Kirschman, Sioux Falls
        Jenna Haggar, Sioux Falls

District No. 16    Lincoln and Union Counties
        Jim Bolin, Canton
        Patty Miller, North Sioux City

District No. 17    Clay and Turner Counties
        Tom Jones, Viborg
        Jamie M. Boomgarden, Chancellor

District No. 18    Yankton County
        Bernie Hunhoff, Yankton
        Nick G. Moser, Yankton

District No. 19    Bon Homme, Douglas, Hutchinson and Turner Counties
        Frank J. Kloucek, Scotland
        Edward E. Van Gerpen, Avon

District No. 20    Aurora and Davison Counties
        Lance Carson, Mitchell
        Tona Rozum, Mitchell

District No. 21    Brule, Buffalo, Charles Mix, Jones and Lyman Counties
        Kent Juhnke, Vivian
        James Schaefer, Kennebec

District No. 22    Beadle, Hand and Jerauld Counties
        Peggy Gibson, Huron
        Jim White, Huron

District No. 23    Campbell, Edmunds, Faulk, Hyde, McPherson, Potter and Walworth
        Counties
        Justin R. Cronin, Gettysburg
        Charles B. Hoffman, Eurkea



District No. 24    Hughes, Stanley and Sully Counties
        Mark E. Venner, Pierre
        Tad Perry, Ft. Pierre

District No. 25    Hanson, McCook and Minnehaha Counties
        Stace Nelson, Fulton
        Jon Hansen, Dell Rapids

District No. 26A    Mellette and Todd Counties
        Larry J. Lucas, Mission

District No. 26B    Gregory and Tripp Counties
        Kim Vanneman, Ideal

District No. 27    Bennett, Haakon, Jackson and Shannon Counties
        Kevin Killer, Pine Ridge
        Ed Iron Cloud III, Porcupine

District No. 28A    Corson, Dewey and Ziebach Counties
        Dean Schrempp, Lantry

District No. 28B    Butte, Corson, Harding, Meade and Perkins Counties
        Betty Olson, Prairie City

District No. 29    Butte and Meade Counties
        Thomas J. Brunner, Nisland
        Dean Wink, Howes

District No. 30    Custer, Fall River and Pennington Counties
        Mike Verchio, Hill City
        Lance S. Russell, Hot Springs

District No. 31    Lawrence County
        Charles M. Turbiville, Deadwood
        Fred W. Romkema, Spearfish        

District No. 32    Pennington County
        Brian Gosch, Rapid City
        Kristin Conzet, Rapid City

District No. 33    Meade and Pennington Counties
        Jacqueline Sly, Rapid City
        Phil Jensen, Rapid City

District No. 34    Pennington County
        David Lust, Rapid City
        Dan Dryden, Rapid City


District No. 35    Pennington County
        Mark Kirkeby, Rapid City
        Don "Pete" Kopp, 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 M. 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 House of Representatives of the State of South Dakota for the term 2011-2012 were administered the oath of office at 11:00 a..m. on the 8th day of January, 2011, in the House Chamber, at the seat of 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:

    Jim Bolin    Jamie Boomgarden
    Thomas J. Brunner    Lance Carson
    Kristin A. Conzet    Justin R. Cronin
    Bob Deelstra    Dan Dryden
    Marc S. Feinstein    Brian G. Gosch
    Jenna Haggar    Jon Hansen
    Spencer Hawley    Steve Hickey
    Charles B. Hoffman    Lora L. Hubbel
    Roger W. Hunt    Kent Juhnke
    Don Kopp    Larry Lucas
    David Lust    Melissa Magstadt
    Patty Miller

    Nick G. Moser
    Scott Munsterman    Stace Nelson
    David Novstrup    Tad Perry
    Val Rausch    Fred W. Romkema
    James G. Schaefer    Jacqueline Sly
    Roger D. Solum    Manny Steele
    Patricia K. Stricherz    Burt E. Tulson
    Charles M. Turbiville    Kim Vanneman
    Mark E. Venner    Jim White
    Hal G. Wick    Dean Wink

    IN TESTIMONY WHEREOF, I have 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 representatives were not present January 8, 2011, for the swearing-in ceremonies or have yet to take the oath of office:

    Gene G. Abdallah    Susy Blake
    H. Paul Dennert    Elaine M. Elliott
    Mitch Fargen    Dennis Feickert
    Peggy Gibson    Brock L. Greenfield
    Bernie Hunhoff    Ed Iron Cloud, III
    Phil Jensen    Tom Jones
    Kevin Killer    Mark Kirkeby
    Patrick A. Kirschman    Frank J. Kloucek
    Brian C. Liss    Betty Olson
    Tona Rozum    Lance S. Russell
    Dean Schrempp    David Sigdestad
    Steve Street    R. Shawn Tornow
    Edward E. Van Gerpen    Mike Verchio
    Mark K. Willadsen    Susan Wismer

    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 David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota to the following Representatives:

    Gene G. Abdallah    Susy Blake
    H. Paul Dennert    Elaine M. Elliott
    Mitch Fargen    Dennis Feickert
    Peggy Gibson    Brock L. Greenfield
    Bernie Hunhoff    Ed Iron Cloud, III
    Phil Jensen    Tom Jones
    Kevin Killer    Mark Kirkeby
    Patrick A. Kirschman    Frank J. Kloucek
    Brian C. Liss    Betty Olson
    Tona Rozum    Lance S. Russell
    Dean Schrempp    David Sigdestad
    Steve Street    R. Shawn Tornow
    Edward E. Van Gerpen    Mike Verchio
    Mark K. Willadsen    Susan Wismer

    Which were 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 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, 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 Dauggard

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 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

    When the roll was called, all members were present.

MOTIONS AND RESOLUTIONS

    Rep. Lust moved that the House proceed with the election of officers of the House of Representatives.

    Which motion prevailed.



    The presiding officer announced that nominations for Speaker of the House of Representatives were now in order.

    Rep. Lust nominated Rep. Rausch as Speaker of the House of Representatives.

    And the roll being called:

    Yeas 70, Nays 0, Excused 0, Absent 0

    Yeas:
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; Rausch; Romkema; Rozum; Russell; Schaefer; Schrempp, Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer.

    Rep. Rausch having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker of the House of Representatives.

    Reps. Lust, Bernie Hunhoff, Gosch, Cronin, Lucas, and Boomgarden were appointed to escort Rep. Rausch to the rostrum.

    The oath of office was administered to Rep. Rausch, Speaker of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    Jason M. Gant, Secretary of State, turned the gavel over to Speaker Rausch.

    Speaker Rausch now presiding.

    The Speaker announced that nominations for Speaker Pro tempore of the House of Representatives were now in order.

    Rep. Cronin nominated Rep. Gosch as Speaker Pro tempore.

    And the roll being called:

    Yeas 70, Nays 0, Excused 0, Absent 0


    Yeas:
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.

    Rep. Gosch having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker Pro tempore of the House of Representatives.

    Reps. Cronin, Fargen, David Novstrup, Bolin, and Hoffman were appointed to escort Rep. Gosch to the rostrum.

    The oath of office was administered to Rep. Gosch, Speaker Pro tempore of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    The Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.

    Rep. Lust nominated Ms. Karen Gerdes as Chief Clerk of the House of Representatives.

    And the roll being called:

    Yeas 70, Nays 0, Excused 0, Absent 0

    Yeas:
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.

    Ms. Gerdes having received an affirmative vote of a majority of the members-elect, was declared duly elected.


    The oath of office was administered to Ms. Gerdes by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    Speaker Rausch announced the appointment of the following employees of the House of Representatives for the Eighty-sixth Legislative Session:

    First Assistant to the Chief Clerk -- Arlene Kvislen

    Second Assistant to the Chief Clerk -- Carolyn Perry

    Third Assistant to the Chief Clerk -- Jan Lester

    Chief Chaplain -- Daniel Varns

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- James Smith

    Secretary to the Speaker -- Diane Mellan

    Secretary to the Majority Leader -- Grace Curtis

    Secretary to the Minority Leader -- Ann Eichinger

            Committee Secretaries -- Jeanette Black, Joshua Klumb, Cindy Tryon

    Pages (1st Term) -- Alec Adamski, Elizabeth Dahl, Sarah Dismounts, Caleb Finck, Brittany Fischer, Bailey Fish, Roberta Forman, Samantha Haverly, Chad Kruse, Emily Semmler, Isaiah Wonnenberg

    Pages (2nd Term) -- Jordan Abu-Sirriya, Michelle Corio, JaCee Dennert, Kaitlyn Galbraith, Shanna Geist, Caitlin Getty, Matthew Johnson, Michala Jones, Brittany Knutson, Melaney Maag, Nicole Messner, Andrea Paulson, Becky Plumage, Megan Raposa, Brenna Rausch, Rebecca Runge, Max Sauer, Loriann Schimke, Evan Stroeder

    Pages (3rd Term) -- Tara Andresen, Nathan Audiss, Janesa Bakeberg, Kortney Brunner, Anna Cronin, Dana Dedeck, Hanna Gacke, Kallista Heath, Douglas Kronaizl, Rachel Nelson, Chad Peterson, Alexis Shoup, Michael Stier, Katelyn Stoltenburg, Courtney Storm, Tina Vaughn, Katie Wegleitner

    Pages (4th Term) -- Dacey Beck, Deidre Beck, Joseph Drew, Brandon Fleming, Jancie Hager, Samuel Kueng, Rachel Mairose, Kia Miller, Joanna Olsen, Lauren Peiffer, Megan Pushor, Reid Rasmussen, Ruth Trotter, Hanna Werling


    Legislative Interns -- J. R. Barham, Matthew Blake, Sarah Burtt, Kody Clark, Jordan Feist, Brandi Hamlin, Michael Kendall, Lennea Mueller, Ryan Schwab, Kelsey Simonson, Brian Simpson, Silviya Topchiyska, Clayton Walker.

    The oath of office was administered by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota, to the following named employees:

    First Assistant to the Chief Clerk -- Arlene Kvislen

    Second Assistant to the Chief Clerk -- Carolyn Perry

    Third Assistant to the Chief Clerk -- Jan Lester

    Chief Chaplain -- Daniel Varns

    Sergeant at Arms -- Melvin Chandler

    Secretary to the Speaker -- Diane Mellan

    Secretary to the Majority Leader -- Grace Curtis

    Secretary to the Minority Leader -- Ann Eichinger

            Committee Secretaries -- Jeanette Black, Joshua Klumb, Cindy Tryon

    Pages (1st Term) -- Alec Adamski, Elizabeth Dahl, Sarah Dismounts, Caleb Finck, Brittany Fischer, Bailey Fish, Roberta Forman, Samantha Haverly, Chad Kruse, Emily Semmler, Isaiah Wonnenberg

    Legislative Interns -- J. R. Barham, Matthew Blake, Sarah Burtt, Kody Clark, Jordan Feist, Brandi Hamlin, Michael Kendall, Lennea Mueller, Ryan Schwab, Kelsey Simonson, Brian Simpson, Silviya Topchiyska, Clayton Walker.

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

    Rep. Lust moved that the permanent House rules and the permanent joint rules of the Eighty-fifth Legislative Session be adopted as the temporary House rules and the temporary joint rules for the Eighty-sixth Legislative Session.

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

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0



    Yeas:
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; 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.

    Excused:
Abdallah; Juhnke

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

    Rep. Lust moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for the Joint Session to hear the message of the Governor, the Honorable Dennis Daugaard.

    Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Cronin, and Fargen.

    Rep. Lust moved that a committee of three on the part of the House be appointed 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 make.

    Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Cronin, and Fargen.

    Rep. Lust moved that a committee of four on the part of the House be appointed to meet with a committee of three on the part of the Senate to make arrangements for the Joint Session to hear the message of the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

    Which motion prevailed and the Speaker appointed as such committee Reps. Lust, Cronin, Bernie Hunhoff, and Fargen.

    Rep. Lust moved that a House Select Committee be appointed to meet relative to the rules of the House for the Eighty-sixth Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust, and Bernie Hunhoff.



    Rep. Lust 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.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

    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

    Rep. Lust moved that the report of the Joint-Select Committee relative to arranging for a Joint Session be adopted.

    Which motion prevailed.


Also MR. SPEAKER:

    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

    Rep. Lust 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.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Olson, and Frerichs as a committee of three on the part of the Senate 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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Olson, and Frerichs as a committee of three on the part of the Senate 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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Olson, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the Joint Rules for the Eighty-sixth Legislative Session.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Olson, and Frerichs as a committee of three on the part of the Senate 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 House.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Brown, and Frerichs as a committee of three on the part of the Senate 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 House and Senate 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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Brown, Rave, and Hundstad as a committee of three on the part of the Senate 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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rhoden, Heineman, and Hundstad as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to securing chaplains for the Eighty-sixth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Schlekeway, Lederman, and Hundstad as a committee of three on the part of the Senate 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.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Olson, and Frerichs as a committee of three on the part of the Senate 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.

Respectfully submitted,
Trudy Evenstad, Secretary

    Rep. Lust moved that the House do now recess, which motion prevailed and at 1:03 p.m., the House recessed.

RECESS

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.

    The House reconvened at 2:17 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 8.



MOTIONS AND RESOLUTIONS
(continued)

    Rep. Lust moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate relative to the joint rules for the two houses for the Eighty-sixth Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust, and Bernie Hunhoff.

    Rep. Lust moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for legislative days for members, officers, and employees of the House and Senate.

    Which motion prevailed and the Speaker appointed as such committee Reps. Wick, Moser, and Gibson.

    Rep. Lust moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the House and Senate 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 Speaker appointed as such committee Reps. Rausch, Lust, and Bernie Hunhoff.

    Rep. Lust moved that a committee of three on the part of the House be appointed 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.

    Which motion prevailed and the Speaker appointed as such committee Reps. Sly, Hoffman, and Blake.

    Rep. Lust moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of selecting chaplains for the Eighty-sixth Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Hunt, Moser, and Dennert.


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

    Which motion prevailed and the Speaker appointed as such committee Reps. Hunt, Moser, Dennert, and Hickey.

    The Speaker announced the appointment of the following standing committees:

House Standing Committees_86th Session
**Denotes Chair
*Denotes Vice-Chair

AGRICULTURE & NATURAL RESOURCES (13)

* *Vanneman, * Hoffman, Brunner, Kopp, Nelson, Olson (Betty), Schaefer, Van Gerpen, Verchio, Kloucek, Schrempp, Sigdestad, Street

APPROPRIATIONS (9)

**Wink, *Carson, Bolin, Dryden, Juhnke, Romkema, White, Dennert, Wismer

COMMERCE (13)

**Solum, *Conzet, Deelstra, Greenfield, Hubbel, Jensen, Miller, Novstrup (David), Willadsen, Fargen, Hawley, Jones, Kirschman

EDUCATION (15)

* *Brunner, *Sly, Hunt, Miller, Perry, Schaefer, Stricherz, Tulson, Vanneman, Venner, Haggar, Elliott, Jones, Killer, Lucas

GOVERNMENT OPERATIONS & AUDIT (5)

**Carson, *Juhnke, Dryden, Turbiville, Dennert

HEALTH & HUMAN SERVICES (13)

**Boomgarden, *Munsterman, Hickey, Jensen, Magstadt, Sly, Steele, Stricherz, Haggar, Blake, Hawley, Iron Cloud III, Lucas

JUDICIARY (13)

** Hunt, *Gosch, Abdallah, Boomgarden, Hansen (Jon), Kopp, Nelson, Russell, Tornow, Turbiville, Feinstein, Gibson, Killer

LEGISLATIVE PROCEDURE (7)

**Rausch, *Gosch, Cronin, Hunt, Lust, Fargen, Hunhoff (Bernie)

LOCAL GOVERNMENT (13)

**Kirkeby, *Cronin, Deelstra, Magstadt, Munsterman, Olson (Betty), Rausch, tornow, Tulson, Venner, Feickert, Kloucek, Schrempp


RETIREMENT LAWS (5)

**Steele, *Wick, Perry, Feinstein, Kirschman

STATE AFFAIRS (13)

**Lust, *Cronin, Abdallah, Gosch, Hoffman, Moser, Rausch, Turbiville, Wick, Blake, Fargen, Gibson, Hunhoff (Bernie)

TAXATION (15)

**Willadsen, *Greenfield, Conzet, Kirkeby, Liss, Moser, Perry, Rozum, Russell, Solum, Wick, Feickert, Feinstein, Hunhoff (Bernie), Kirschman

TRANSPORTATION (13)

**Verchio, *Novstrup (David), Hansen (Jon), Hickey, Hubbel, Liss, Rozum, Steele, Van Gerpen, Elliott, Iron Cloud III, Sigdestad, Street

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES
(continued)

MR. SPEAKER:

    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


    Rep. Lust moved that the report of the Joint-Select Committee relative to arranging the Joint Session be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001 Introduced by: Representatives Cronin, Dennert, and Street and Senator Rhoden at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

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

    HB 1002 Introduced by: Representatives Dennert, Cronin, and Street and Senator Rhoden at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the documentation of data used to make adjustments during the assessment process for factors that affect the capacity of the land to produce agricultural products.

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

    HB 1003 Introduced by: Representatives Hunt, Gibson, and Lust and Senators Hunhoff (Jean), Hundstad, and Vehle at the request of the Interim Committee on Rules Review

    FOR AN ACT ENTITLED, An Act to permit the Interim Rules Review Committee to revert a rule if the rule imposes unreasonable costs.

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

    HB 1004 Introduced by: The Committee on Judiciary at the request of the Code Commission

    FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2010.

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



    HB 1005 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

    FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to private shooting preserves.

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

    HB 1006 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

    FOR AN ACT ENTITLED, An Act to authorize certain air guns for use in hunting certain animals.

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

    HB 1007 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to issue revenue bonds to provide for maintenance and repair on facilities controlled by the Board of Regents and to provide appropriations therefor.

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

    HB 1008 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 expend higher education facilities funds to maintain and repair facilities occupied under capital leases.

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

    HB 1009 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Environment and Natural Resources

    FOR AN ACT ENTITLED, An Act to repeal the authority of the Department of Environment and Natural Resources to regulate public swimming places and bulk water haulers.

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



    HB 1010 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to revise the definition of bulk pesticide.

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

    HB 1011 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 pertaining to domestic abuse programs.

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

    HB 1012 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 change the terminology for mental retard, mentally retarded, mental retardation, and other similar terms in statute and to provide for the change in printed materials and signage.

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

    HB 1013 Introduced by: The Committee on Health and Human Services at the request of the Board of Examiners for Counselors and Marriage and Family Therapists

    FOR AN ACT ENTITLED, An Act to revise the membership of the Board of Examiners for Counselors and Marriage and Family Therapists.

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

    HB 1014 Introduced by: The Committee on State Affairs at the request of the 911 Coordination Board

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purpose of the 911 emergency surcharge and to provide rule-making authority to the 911 Coordination Board to establish allowable recurring and nonrecurring costs for the operation of a public safety answering point.

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


    HB 1015 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

    HB 1016 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain buyers, grain warehouses, and weighmasters.

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

    HB 1017 Introduced by: The Committee on State Affairs at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to authorize the release of offender photographs and physical description for purposes of victim and community notification.

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

    HB 1018 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to provide for a partial early final discharge from parole.

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

    HB 1019 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to include employees responsible for persons on supervised release or probation and members of the Board of Pardons and Paroles in protections afforded law enforcement and judicial officers.

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


    HB 1020 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the disclosure of parole eligibility at sentencing.

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

    HB 1021 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the inspection of parole files.

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

    HB 1022 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 provisions regarding veterans credited service and benefits under the South Dakota Retirement System and under the South Dakota deferred compensation plan.

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

    HB 1023 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 provisions regarding how South Dakota Retirement System survivor benefits and disability benefits are handled in regard to children.

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

    HB 1024 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 provisions regarding vacancies on the Board of Trustees of the South Dakota Retirement System.

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


    HB 1025 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 references to the Internal Revenue Code.

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

    HB 1026 Introduced by: The Committee on Transportation at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to repeal fleet licensing procedures for certain vehicles.

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

    HB 1027 Introduced by: The Committee on Transportation at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to revise the definition of a trailer for the purpose of titling a restored or rebuilt trailer.

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

    HB 1028 Introduced by: The Committee on Taxation at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to revise the due dates of certain tax returns and remittances.

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

    HB 1029 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 concerning the taxation of telecommunications companies.

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


    HB 1030 Introduced by: The Committee on Commerce at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to revise the provisions relating to placement of surplus lines insurance and tax allocation of surplus lines insurance.

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

    HB 1031 Introduced by: The Committee on Commerce at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to increase the national registry fee for real estate appraisers.

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

    HB 1032 Introduced by: The Committee on Commerce at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to authorize imposition of a permanent injunction upon any person engaged in an unlicensed real estate appraisal practice.

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

    HB 1033 Introduced by: The Committee on Commerce at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to provide for the registration and regulation of appraisal management companies.

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

    HB 1034 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 for motor vehicle liability insurance safety rating discounts for certain older motor vehicle drivers.

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


    HB 1035 Introduced by: The Committee on Commerce at the request of the Department of Revenue and Regulation

    FOR AN ACT ENTITLED, An Act to revise the process for the collection of the annual insurance company examination assessment fee.

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

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:25 p.m. the House adjourned.

Karen Gerdes, Chief Clerk