JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 12, 2011

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

    The prayer was offered by the Chaplain, Bishop David Zellmer, followed by the Pledge of Allegiance led by Senate page Allison Guindon.

    Roll Call: All members present except Sens. Cutler and Krebs who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the first day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

    Which motion prevailed.
REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House of Representatives and Senate respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on January 20, 2011, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Joint Session will be dissolved.

    The Memorial Resolution shall be printed in the House and Senate Journals.

Respectfully submitted,     Respectfully submitted,
Roger Hunt        Todd Schlekeway
Nick Moser    Dan Lederman
H. Paul Dennert    James Hundstad
Steve Hickey    Senate Committee
House Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Eighty-sixth Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

    In regard to the system for payment of travel expenses to legislators we respectfully report that:

    (1) A form listing each weekend during session will be delivered to legislators. Legislators will be asked to list their travel on that single sheet which would be signed and turned in at the close of session. Also, pursuant to statute, a voucher must also be signed by each legislator requesting travel reimbursement.

    (2) Legislators driving their own car home for a weekend will receive mileage paid at state rates (37 cents per mile). Legislators not driving home will not be entitled to reimbursement unless they leased a vehicle or somehow incurred an expense, equivalent to 37 cents per mile, in such travel.


    (3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 37 cents per mile.

    (4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 37 cents per mile.

    (5) A maximum of ten trips will be considered for the 2011 Legislative Session, including the trip for the final legislative day.

    (6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre and their final trip home at the rate of 5 cents per mile.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Bob Gray
David Lust    Corey Brown
Bernie Hunhoff    Jason Frerichs
House Committee    Senate Committee

Also MR. PRESIDENT:

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

    We have conferred with the Pierre/Ft. Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Pastor Daniel Varns, New Life Assembly of God, as chief chaplain, to serve the Senate and House as chaplains throughout the Eighty-sixth session of the Legislature. The chaplains are as follows:

    Mike Bishop, Don Block, Susan Carr, Larry Cass, Kevin Doyle, Brian Fawcett, John Fette, Harvey Friez, Michael Griffin, Howard Grinager, Jenny Hallenbeck, Mercy Hobbs, Karl Kroger, Auggie Minzlaff, Dodie Noordermeer, Harry Swank, Brad Urbach, Levi Willms, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    Larry Rhoden
Nick Moser    Phyllis Heineman
H. Paul Dennert    James Hundstad
House Committee    Senate Committee


Also MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Eighty-sixth Legislative Session be January 11 through January 14, January 18 through January 21, January 24 through January 27, January 31 through February 3, February 7 through February 10, February 14 through

February 17, February 22 through February 25, February 28 through March 3, March 7 through March 11, and March 28.


Respectfully submitted,    Respectfully submitted,
Hal Wick    Bob Gray
Nick Moser    Russell Olson
Peggy Gibson    Jason Frerichs
House Committee    Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act respectfully reports that:

    The Legislature order 135 copies of the Senate and House bills and resolutions (each); and 140 copies of the Senate and House daily journals (each) for the Eighty-sixth Legislative Session.

    The free distribution of sets of bills, resolutions, and daily journals shall be as follows:

    Eight copies for the Governor's Office, thirteen copies for the Supreme Court, eleven copies for the Legislative Research Council, thirteen copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative Web site.

    State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

    Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Documents Room at a charge of $90 per set of bills and $135 per set of journals plus mailing charges, if applicable.

    One copy of the official directory (red book) shall be distributed to each Senator and Representative, thirteen copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy for a fee of $6 payable to the Legislative Documents Room.

    One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Lieutenant Governor, the Attorney General and the Supreme Court; thirteen free copies to

the State Library Depository; and one free copy to Senators and Representatives. Upon written request to the Legislative Documents Room before January 31, 2011, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $30 per copy.

    The Chief Mailing Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills for $90 per set and a set of journals for $135 per set for the Eighty-sixth Legislative Session, plus mailing charges, if applicable.

    Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

    Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $35 registration fee to the Secretary of State; and upon payment of an additional $90 per set of bills and $135 per set of journals plus mailing charges, if applicable, to the Legislative Documents Room, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

    Bill status reports will be printed and sold to state agencies at cost and to registered lobbyists for $200 payable to the Legislative Documents Room which receipted funds shall be used to pay the printing costs. If bill status is mailed, the cost is $125 for first-class postage.

    A free daily copy of the bill status report shall be distributed as follows:

    Governor; Speaker of the House; Speaker Pro tempore of the House; House Majority Leader; House Minority Leader; House Lobby; Chief Clerk of the House; Lieutenant Governor; President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate; Page Advisor; Attorney General; Bureau of Finance and Management; Secretary of State; Treasurer's Office; Auditor's Office; Office of School and Public Lands; and Legislative Research Council. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative Web site.

    The Chief Mailing Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Jacqueline Sly    Corey Brown
Charles Hoffman    Tim Rave
Susy Blake    James Hundstad
House Committee    Senate Committee


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Cronin, and Fargen as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session of the two houses to receive the message of the Governor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Cronin, and Fargen as a committee of three on the part of the House to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Wick, Moser, and Gibson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for legislative days for the members, officers, and employees of the House and Senate.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of 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. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Sly, Hoffman, and Blake as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals, and bills and other legislative printing for the two houses and the state offices, with the full power to act.

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Lust, Cronin, Bernie Hunhoff, and Fargen as a committee of four on the part of the House to meet with a committee of three on the part of the Senate to arrange for a Joint Session of the Senate and House of Representatives to receive a message from the Chief Justice of the Supreme Court.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging a Joint Session of the two houses to receive the message of the Governor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to notifying 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. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Judiciary message from the Chief Justice of the Supreme Court.

Respectfully,
Karen Gerdes, Chief Clerk

    Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at 1:05 p.m. the Senate adjourned.

Trudy Evenstad, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 14 of the Senate Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Bishop David Zellmer, South Dakota Synod of the ELCA, Sioux Falls, South Dakota:

    O, God of all Creation, we give thanks for the gift of the law and for those who work to bring justice and mercy to all the people of South Dakota. We remember those who go in harms way on our behalf, we pray especially for our National Guard troops that are serving overseas, and the 3rd Battalion 5th Marines and their families, for those who govern and for those who craft the laws and for those who apply them. We ask for wisdom, courage and the will to strive for justice for our Supreme Court Justices and Circuit Court Judges, our Governor and Legislators and all those who hold elected or appointed office.

    We ask for the gift of healing for Congresswoman Gabrielle Giffords and those who were wounded in the shooting in Arizona, and we pray for the families of those who lost loved ones that day.

    Bless this legislative session that the words from the prophet Amos might be fulfilled.

    Amos 5:21
         ... I take no delight in your solemn assemblies.....
     23    Take away from me the noise of your songs;
        I will not listen to the melody of your harps.
     24    But let justice roll down like waters,
        And righteousness like an ever-flowing stream.


    In Your Holy Name we Pray. Amen.

    The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the following members were present:

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.

    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 David Gilbertson, Chief Justice of the state of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Gray, 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 Chief Justice David Gilbertson, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable David Gilbertson, who delivered the State of the Judiciary Address.

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

    Which motion prevailed.