JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 10, 2012

    BE IT REMEMBERED, That on the tenth day of January, A.D., two thousand twelve, 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-seventh 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 prayer was offered by the Chaplain, John Fette, Pierre/Ft. Pierre Ministerial Association:

Almighty God we pause to thank you for all your blessings and mercies we have received this past year. We are thankful that your Word says that your mercies are new every morning and that you hear the cry of our hearts for the much needed wisdom and ability this new year, of 2012, in the Senate and House of the State of South Dakota. We also ask that you would be with those in the military and that you would keep them safe. Please be with and bless those families of our Legislators. Father, we also ask that you would help us see your blessings. We look forward to the results of our labors here for the State of South Dakota.

This I ask in the name of Jesus.

    The Pledge of Allegiance to the flag of the United States was led by Senate Page Cody Breen.


    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 Tiedemann, 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. 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

    I further certify that the following has been duly appointed by the Honorable Dennis Daugaard, Governor of the State of South Dakota:

District No. 21  Brule, Buffalo, Charles Mix, Jones, and Lyman Counties
                Kent Juhnke, Vivian, appointed November 28, 2011, to fill the unexpired term of Cooper Garnos, Presho.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 10th day of January, 2012.

    (SEAL)         Jason M. Gant

Secretary of State

    The oath of office was administered by the Honorable Lori Wilbur, Justice of the Supreme Court of the State of South Dakota, to Kent Juhnke.

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

    Roll Call: All members present except Sens. Nygaard and Rhoden who were 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-seventh Legislative Session.

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



    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Nygaard; Rhoden

    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 Lori Wilbur, 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 Fee Jacobsen be elected Secretary of the Senate for the Eighty-seventh Legislative Session.

    The question being on Sen. Olson's motion that Fee Jacobsen be elected Secretary of the Senate for the Eighty-seventh Legislative Session.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Nygaard; Rhoden

    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 Lori Wilbur, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Fee Jacobsen.

    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-seventh Legislative Session:

    Assistant to the Secretary -- Jeannette Schipper

    Assistant to the Secretary -- Carolyn Riter

    Assistant to the Secretary -- Carolyn Jorgensen

    Secretary to the President Pro Tempore -- Kay Johnson

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Brittany Neiles

    Appropriations Secretary -- Barbara Bjorneberg

            Committee Secretaries -- Lois Henry, Cindy Louder

    Sergeant-at-Arms -- Dave Bonde

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

                    Pages (1st term) -- Cody Breen, Courtney Chester, Paige Jack, Jacqueline Juffer, Lauren Nelson, Tucker Troyer, Haley Vik, Kimberly Welter

                    Pages (2nd term) -- Elizabeth Bogue, Dacey Bryan, Noah Cozad, Luke Chance, Monica Gutierrez, Joseph Knofczynski, Sean Meginness, Elana Schoeneman, Seth Smith, Kirsten Titze, Thomas Tolton

                    Pages (3rd term) -- Amy Beyl, Caley Dauwen, Zane Frederick, Haley Hohn, Emily Ketteler, Mikayla Nepper, Lucas Peterson, Thea Rave, Madeline Schueller, Shelby Simon, Tessa Stoltenburg

                    Pages (4th term) -- Shaunday Antoine, Brooke Clarke, Rachel Day, Peter Delgado Jr., Aspen Ducheneaux, George Iversen, Nick Reagan, Allison Stahl

            Legislative Interns -- Jared Darling, Jameson Goetz, Robbi Kannas, Gina Mairose, Hanna McElroy, Lucas Schoenbeck, Ashley Tanner, Madison Warder

    Legislative Aide -- Michael Kendall



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

    Assistant to the Secretary -- Jeannette Schipper

    Assistant to the Secretary -- Carolyn Riter

    Assistant to the Secretary -- Carolyn Jorgensen

    Secretary to the President Pro Tempore -- Kay Johnson

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Brittany Neiles

    Appropriations Secretary -- Barbara Bjorneberg

            Committee Secretaries -- Lois Henry, Cindy Louder

    Sergeant-at-Arms -- Dave Bonde

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

                                                Pages (1st term) -- Cody Breen, Courtney Chester, Paige Jack, Jacqueline Juffer, Lauren Nelson, Tucker Troyer, Kimberly Welter

            Legislative Interns -- Jared Darling, Jameson Goetz, Robbi Kannas, Gina Mairose, Lucas Schoenbeck, Ashley Tanner, Madison Warder

    Legislative Aide _ Michael Kendall

    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-sixth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Eighty-seventh Legislative Session.

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

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


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

    Excused:
Nygaard; Rhoden

    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-seventh 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-seventh 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-seventh 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. Vehle, Kraus, and Sutton.

    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.

    President ProTempore Gray now presiding.



    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)
**Krebs, *Maher, Begalka, Fryslie, Hansen (Tom), Rampelberg, Rhoden, Vehle, Frerichs
Appropriations (9)
**Brown, *Tidemann, Haverly, Heineman, Juhnke, Novstrup (Al), Peters, Putnam, Sutton
    Commerce and Energy (7)
**Nelson (Tom), *Nygaard, Adelstein, Johnston, Lederman, Rave, Buhl
     Education (7)
**Johnston, *Gray, Kraus, Rampelberg, Rave, Schlekeway, Bradford
     Government Operations and Audit (5)
**Haverly, *Peters, Hunhoff (Jean), Tiedmann, Hundstad
     Health and Human Services (7)
**Hunhoff (Jean), *Kraus, Holien, Krebs, Rampelberg, 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 (Tom), Tieszen, Bradford
     Retirement Laws (5)
**Rampelberg, *Nelson (Tom), Tiedeman, Buhl, Sutton
     State Affairs (9)
**Rhoden, *Olson (Russell), Adelstein, Cutler, Gray, Johnston, Rave, Tieszen, Frerichs
Taxation (7)
**Hansen (Tom), *Lederman, Fryslie, Maher, Nelson (Tom), 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 10, 2012.

    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 Senate 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 11, 2012.

    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 Senate 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 be adopted.

    Which motion prevailed.


    President Matt Michels now presiding.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 1 Introduced by: Senators Hansen (Tom), Hundstad, Nelson (Tom), Novstrup (Al), Rampelberg, and Tidemann and Representatives Turbiville, Hunhoff (Bernie), Jones, Vanneman, and Wink at the request of the Interim Sales Tax Review Committee

    FOR AN ACT ENTITLED, An Act to increase the excise tax on boats.

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

    SB 2 Introduced by: Senators Hunhoff (Jean), Bradford, Heineman, and Kraus and Representatives Sly, Gibson, Haggar, Lucas, Magstadt, Perry, and White at the request of the Interim Human Services Agency Review Committee

    FOR AN ACT ENTITLED, An Act to repeal and to make style and form revisions to certain provisions related to the Department of Human Services.

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

    SB 3 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk highway system.

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

    SB 4 Introduced by: The Committee on Appropriations at the request of the Department of Veterans Affairs

    FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veterans' bonus program and to declare an emergency.

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

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

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



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

    SB 6 Introduced by: The Committee on Health and Human Services at the request of the Bureau of Personnel

    FOR AN ACT ENTITLED, An Act to authorize criminal background checks for various state employees.

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

    SB 7 Introduced by: The Committee on Commerce and Energy at the request of the Governor's Office of Economic Development

    FOR AN ACT ENTITLED, An Act to repeal certain provisions allowing for the certification of technology parks and to allow public or private developers to apply for certification.

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

    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 the calculation of state aid to special education.

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

    SB 9 Introduced by: The Committee on Appropriations at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and dentists who have complied with the requirements of the physician tuition reimbursement program and dental tuition reimbursement program and to declare an emergency.

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

    SB 10 Introduced by: The Committee on Judiciary at the request of the Department of Game, Fish and Parks

    FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to boating while under the influence.


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

    SB 11 Introduced by: The Committee on Commerce and Energy at the request of the Governor's Office of Economic Development

    FOR AN ACT ENTITLED, An Act to authorize the Governor's Office of Economic Development to create and administer a working capital loan and grant program.

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

    SB 12 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 2011.

    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 provisions pertaining to reunification and termination of parental rights.

    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 revise certain provisions regarding alcohol or drug commitments.

    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 Social Services

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to the treatment of persons with mental illness, including consent to treatment.

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


    SB 16 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to define a final stage manufacturer dealer and to provide for licensing of final stage manufacturer dealers.

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

    SB 17 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to require certain fuel tax returns and reports to be filed by electronic means and to require certain fuel taxes to be remitted by electronic transfer.

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

    SB 18 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    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.

    SB 19 Introduced by: The Committee on State Affairs at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the Commission on Gaming to allow the commission to authorize the executive secretary of the Commission on Gaming to take certain actions on gaming licensees.

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

    SB 20 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclosure of certain tax returns and tax return information to officers, employees, and legal representatives of the Office of the Attorney General and other state agencies and departments.

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



    SB 21 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 repeal and revise certain outdated provisions relating to the Department of Human Services.

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

    SB 22 Introduced by: The Committee on Transportation at the request of the Office of School and Public Lands

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the vacation or the change of location of county and township highways on school and public lands.

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

    SB 23 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.

    SB 24 Introduced by: The Committee on Health and Human Services at the request of the Boards of Medical & Osteopathic Examiners, Nursing, Dentistry, Pharmacy, and Nursing Facility Admin.

    FOR AN ACT ENTITLED, An Act to require certain applicants for licensure as a health professional or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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

    SB 25 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to provide for the creation of a new state accountability system for public elementary and secondary schools.

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


    SB 26 Introduced by: The Committee on Commerce and Energy at the request of the Real Estate Commission

    FOR AN ACT ENTITLED, An Act to revise certain requirements pertaining to earnest money paid in a cooperative or cobrokerage real estate transaction.

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

    SB 27 Introduced by: The Committee on Commerce and Energy at the request of the South Dakota Cosmetology Commission

    FOR AN ACT ENTITLED, An Act to revise disciplinary action remedies of the Cosmetology Commission.

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

    SB 28 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise provisions regarding the renewal process for certain third party insurance administrators.

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

    SB 29 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to authorize the establishment of a designated Roth contribution program within the state deferred compensation plan.

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

    SB 30 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to allow for the establishment of an alternative benefit enhancement methodology within the South Dakota Retirement System.

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

    SB 31 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 relating to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

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

    SB 32 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise the suitability requirements for annuities.

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

    SB 33 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise the exemptions for insurance agent continued education.

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

    SB 34 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain provisions and delete certain obsolete provisions pertaining to the Department of Labor and Regulation.

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

    SB 35 Introduced by: The Committee on Commerce and Energy at the request of the Public Utilities Commission

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

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

    SB 36 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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



    SB 37 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

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

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

    SB 38 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to provide for the transfer of control of an office building in Rapid City, to make an appropriation for the construction and renovation of the office building, and to declare an emergency.

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

    SB 39 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to expand the definition of victim for the purposes of certain written victim impact statements.

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

    SB 40 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to permit a county to authorize temporary fencing within rights-of-way subject to its jurisdiction.

    Was read the first time and referred to the Committee on Local Government.

    SB 41 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to authorize retailers to choose whether to submit pseudoephedrine purchase records electronically or in writing.

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


    SB 42 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 habeas corpus.

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

    SB 43 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to criminalize the failure to report the death or disappearance of a child within a specified time by certain persons responsible for the care of the child.

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

    SB 44 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to encourage school districts to adopt a bullying policy and to establish a model bullying policy.

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

    SB 45 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to appropriate additional funds and to extend the availability of appropriations to replace storage facilities at the Cottonwood Agricultural Experiment Station.

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

    SB 46 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 purchase an airport structure for use by South Dakota State University and to make an appropriation therefor.

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


    SB 47 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to increase the authorized square footage for the motor pool building at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

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

    SB 48 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2012.

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

    SB 49 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

    SB 50 Introduced by: The Committee on Commerce and Energy at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise the permissible uses of the cigarette fire safety standard act fund.

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

    SB 51 Introduced by: The Committee on Commerce and Energy at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to eliminate an obsolete reference to the Division of Commercial Inspection and Regulation.

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

    SB 52 Introduced by: The Committee on Judiciary at the request of the 911 Coordination Board



    FOR AN ACT ENTITLED, An Act to provide for point of sale collection of the prepaid wireless 911 emergency surcharge.

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

    SB 53 Introduced by: The Committee on Judiciary at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to permit the Department of Public Safety to require certain accident reports to be filed by electronic means.

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

    SB 54 Introduced by: The Committee on Judiciary at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise the circumstances under which motor vehicle headlamps must be dimmed.

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

    SB 55 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 transportation of hazardous materials.

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

    SB 56 Introduced by: The Committee on Appropriations at the request of the South Dakota Housing Development Authority

    FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to the South Dakota Housing Development Authority.

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

    SB 57 Introduced by: The Committee on Appropriations at the request of the South Dakota Housing Development Authority

    FOR AN ACT ENTITLED, An Act to revise and repeal certain administrative rules relating to the South Dakota Housing Development Authority.


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

COMMUNICATIONS AND PETITIONS

May 3, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Alan D. Ruhlman, Brown County, Aberdeen, South Dakota, to the Career Service Commission.

    This appointment is effective May 2, 2011, and shall continue until April 22, 2015.

Sincerely,
Dennis Daugaard
Governor

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

March 7, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Patrick J. Burchill, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.



    This appointment is effective March 4, 2011, and shall continue until January 19, 2015.

Sincerely,
Dennis Daugaard
Governor

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

December 20, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kenneth G. McNenny, Meade County, Sturgis, South Dakota, to the South Dakota Ellsworth Development Authority.

    This reappointment is effective immediately, and shall continue until January 18, 2016.

Sincerely,
Dennis Daugaard
Governor

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

December 20, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Michael S. Bender, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Ellsworth Development Authority.


    This reappointment is effective immediately, and shall continue until January 18, 2016.

Sincerely,
Dennis Daugaard
Governor

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

March 24, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Bob L. Sutton, Hughes County, Pierre, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective March 21, 2011, and shall continue until January 19, 2015.

Sincerely,
Dennis Daugaard
Governor

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

December 20, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kent E.

Mundon, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

    This reappointment is effective immediately, and shall continue until January 18, 2016.

Sincerely,
Dennis Daugaard
Governor

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

March 8, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed David S. Pummel, Butte County, Belle Fourche, South Dakota, to the Housing Development Authority.

    This appointment is effective March 7, 2011, and shall continue until June 30, 2013.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

September 27, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Doyle D. Estes, Pennington County, Hill City, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective September 27, 2011, and shall continue until January 1, 2014.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

June 15, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Robert H. Hartford, Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2014.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

June 15, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070



Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed James R. Peterson, Deuel County, Revillo, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2014.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

March 10, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Thomas L. Greenway, Davison County, Mitchell, South Dakota, to the South Dakota Railroad Authority.

    This appointment is effective March 9, 2011, and shall continue until January 20, 2014.

Sincerely,
Dennis Daugaard
Governor
    The President announced the referral of the appointment to the Committee on Transportation.

March 10, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:



    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Scott G. Stern, Hutchinson County, Freeman, South Dakota, to the South Dakota Railroad Authority.

    This reappointment is effective immediately, and shall continue until January 19, 2015.

Sincerely,
Dennis Daugaard
Governor

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

January 6, 2012

The Honorable Matt Michels
President of the Senate
500 E. Capitol
Pierre, SD 57501

RE: Don Holloway/Board of Pardons and Parole Attorney General Appointment

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Don Holloway to the South Dakota Board of Pardons and Parole.

    This appointment was effective April 19, 2011, and will expire January 20, 2014.

Sincerely,
Marty J. Jackley
Attorney General

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

January 6, 2012

The Honorable Matt Michels
President of the Senate
500 E. Capitol
Pierre, SD 57501

RE: Krista Heeren-Graber/SD Interstate Compact for Adult Offender Supervision


Dear Mr. President and Members of the Senate;

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Krista Heeren-Graber to the South Dakota Interstate Compact for Adult Offender Supervision.

    This appointment was effective June 24, 2011, and will expire June 23, 2014.

Sincerely,
Marty J. Jackley
Attorney General

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

    Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m., Wednesday, January 11, the 2nd legislative day.

    Which motion prevailed.

    Sen. Olson moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 12:45 p.m., the Senate recessed.


RECESS

    The Senate reconvened at 2:35 p.m., the President presiding.


JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 11 of the Senate Journal, 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:

    Let us pray:

    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 these faithful legislators 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, Lord and God, for ever and ever. Amen.

    The Secretary of the Senate, Fee Jacobsen, called the roll of the Senate and the following members were present:

Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen, Tom; Haverly; Heineman; Holien; Hundstad; Hunhoff, Jean; Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson, Tom; Novstrup, Al; Olson, Russell; Peters; Putnam; Rampelberg; Rave; 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; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson, Stace; Novstrup, David; Olson, Betty; Perry, Romkema; Rozum; Russell; Schaefer; Schrempp, Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch.

    Sen. 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, Olson, and Frerichs on the part of the Senate and Reps. Lust, Cronin, 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. Olson moved that the Joint Session do now dissolve.

    Which motion prevailed.

    Sen. Peters moved that the Senate do now adjourn, which motion prevailed and at 2:36 p.m. the Senate adjourned.       

Fee Jacobsen, Secretary