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.
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.
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
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.
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
February 17, February 22 through February 25, February 28 through March 3, March 7 through
March 11, and March 28.
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
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.
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.
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.
Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at
1:05 p.m. the Senate adjourned.
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.
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.