JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, 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, 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-seventh 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 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:

    Let us pray:

    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 eighty-seventh 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 legislators to uphold the rights of others and keep them from being misled by lack of knowledge or tainted by fear or favor. Unite them to You 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 pages Preston Liedtke and Matthew Mielke.


    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
        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

    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
            Dave Scott, Geddes, appointed November 28, 2011, to fill the unexpired term of Kent Juhnke, Vivian, who was appointed to the Senate.

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

    David Scott

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

    When the roll was called, all members were present except Reps. Iron Cloud III, Killer, and Steele who were excused.

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 67, Nays 0, Excused 3, 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; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Rausch; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer

    Excused:
Iron Cloud III; Killer; Steele

    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, 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 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 67, Nays 0, Excused 3, 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; 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


    Excused:
Iron Cloud III; Killer; Steele

    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, 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 65, Nays 0, Excused 5, 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; 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; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Abdallah; Iron Cloud III; Killer; Steele; Tornow

    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-seventh 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 -- Gary Hoscheid, James Smith

    Secretary to the Speaker -- Diane Mellan

    Secretary to the Majority Leader -- Joshua Klumb

    Secretary to the Minority Leader -- Ann Eichinger

    Committee Secretaries -- Jeanette Black, Grace Curtis, Bonnie Fischer

    Pages (1st Term) -- Kyle Cosman, Anna Cronin, Larissa Friesen, Anthony Gosch, Leah Herman, Preston Liedtke, Matthew Mielke, Samantha Neumann, Brandon Pennock, Meredith Powers, Danae Schaefers, Andie Shuck, Timothy Sternhagen

    Pages (2nd Term) -- Kyle Anderson, Elliot Brunner, Nathan Burkhalter, Courtney Chastain, Brittany Cihak, Mackenzie Foss, Morgan Hemmingson, Melissa Hessman, Ashley Heupel, Lexi Jones, Elena Leitheiser, Tony Lyren, Elizabeth Magstadt, Alexa Moeller, Cassidy Trapp, Sandra Yoon

    Pages (3rd Term) -- Katherine Hickey, Rachel Howard, Jordyn Jones, Jessica Lentz, Katrinia Martinez, Lana Nelson, Rebekah Nelson, Michaela Oleson, Chelsea Olson, Baily Ringgenberg, Tabitha Siemens, Sarah Tow, Andrew Weber, Erin Willadsen, Emily Zietlow, Henry Zietlow

    Pages (4th Term) -- Kaitlin Buchholz, Emily Carr, Brittany Cleveland, Vanessa Cortes, Drew Dennert, Adam Eichten, Megan Foster, Makenzie Hageman, Allison Hosman, Ronni Kenyon, Ruth Latterell, Jordan Rohrbach, Nicole Romeyn, Casey Shippy, James Updike, Hannah Zylstra

    Legislative Interns -- Joseph Bliss, Anthony Bock, Sadie Hansen, John Jarding, Jason Long, Justin Mitchell, Brigette Nemec, Katelyn Pietz, Rebecca Reiter, Brian Roehrich, Tyler Smit, Shealon Wessel, Cala Westergard.


    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

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- Gary Hoscheid

    Secretary to the Speaker -- Diane Mellan

    Secretary to the Majority Leader -- Joshua Klumb

    Secretary to the Minority Leader -- Ann Eichinger

            Committee Secretaries -- Jeanette Black, Grace Curtis, Bonnie Fischer

    Pages (1st Term) -- Kyle Cosman, Anna Cronin, Larissa Friesen, Anthony Gosch, Leah Herman, Preston Liedtke, Matthew Mielke, Samantha Neumann, Brandon Pennock, Meredith Powers, Danae Schaefers, Andie Shuck, Timothy Sternhagen.

    Legislative Interns -- Joseph Bliss, Anthony Bock, Sadie Hansen, John Jarding, Jason Long, Justin Mitchell, Brigette Nemec, Katelyn Pietz, Rebecca Reiter, Brian Roehrich, Tyler Smit, Cala Westergard.

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

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

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, 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; 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

    Excused:
Abdallah; Iron Cloud III; Killer; Steele

    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, Hunhoff, 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 relative to the joint rules for the two houses for the Eighty-seventh Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust, and 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-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 Speaker appointed as such committee Reps. Rausch, Lust, and 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-seventh 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.


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

    Which motion prevailed.

    The Speaker announced the appointment of the following standing committees:

House Standing Committees_87th Session
**Denotes Chair
*Denotes Vice-Chair

AGRICULTURE & NATURAL RESOURCES (13)

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

APPROPRIATIONS (9)

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

COMMERCE & ENERGY (13)

**Solum, *Conzet, Greenfield, Hubbel, Jensen, Miller, Novstrup (David), Scott, 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, *Dryden, Turbiville, Vanneman, 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 (Stace), Russell, Tornow, Turbiville, Feinstein, Gibson, Killer

LEGISLATIVE PROCEDURE (7)

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

LOCAL GOVERNMENT (13)

**Kirkeby, *Cronin, Magstadt, Munsterman, Nelson (Stace), 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

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 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

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

Also 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 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


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

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001 Introduced by: Representatives Turbiville, Conzet, Hunhoff (Bernie), Jones, Vanneman, Verchio, Willadsen, and Wink and Senators Tidemann, Hansen (Tom), Hundstad, Nelson (Tom), Novstrup (Al), Putnam, and Rampelberg at the request of the Interim Sales Tax Review Committee

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sales and use tax.

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

    HB 1002 Introduced by: Representatives Willadsen, Hunhoff (Bernie), Jones, Turbiville, Vanneman, and Wink and Senators Tidemann and Hundstad at the request of the Interim Sales Tax Review Committee

    FOR AN ACT ENTITLED, An Act to repeal the sales and use tax exemption for coins, currency, and bullion.

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

    HB 1003 Introduced by: Representatives Dennert, Cronin, Schaefer, and Street and Senators Rhoden, Frerichs, and Sutton at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to revise the limitation on the increases and decreases that may be made to the total taxable value of cropland and noncropland.

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

    HB 1004 Introduced by: Representatives Kloucek, Hubbel, Hunhoff (Bernie), Kirschman, Lucas, Nelson (Stace), Russell, Sigdestad, and Stricherz and Senators Putnam, Bradford, Frerichs, Hundstad, and Sutton

    FOR AN ACT ENTITLED, An Act to reduce the term allowed for covenants not to compete.


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

    HB 1005 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 excuse from attendance of children receiving alternative instruction.

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

    HB 1006 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to revise certain outdated and obsolete provisions regarding the Department of Education.

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

    HB 1007 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes regarding the Department of Education.

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

    HB 1008 Introduced by: The Committee on Local Government at the request of the State Board of Elections

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the grounds for challenges for people making application for ballots during an election.

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

    HB 1009 Introduced by: The Committee on Health and Human Services at the request of the Board of Pharmacy

    FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to licenses issued by the Board of Pharmacy.

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


    HB 1010 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes and rules related to the Department of Health.

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

    HB 1011 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 revise the definition of domestic use of water.

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

    HB 1012 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 require public hearings for applications for oil and gas orders only if contested and to reduce the number of hearing notice publications required for oil and gas cases.

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

    HB 1013 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 certain obsolete statutes regarding the Department of Environment and Natural Resources.

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

    HB 1014 Introduced by: The Committee on Judiciary at the request of the Governor's Office of Economic Development

    FOR AN ACT ENTITLED, An Act to prohibit false statements on applications for certain loans, grants, or other financial assistance and to provide a penalty therefor.

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


    HB 1015 Introduced by: Representatives Kopp, Jensen, Nelson (Stace), Olson (Betty), Russell, and Venner and Senator Begalka

    FOR AN ACT ENTITLED, An Act to provide for exceptions from certain misdemeanor offenses relating to possession of handguns.

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

    HB 1016 Introduced by: The Committee on State Affairs at the request of the Bureau of Administration

    FOR AN ACT ENTITLED, An Act to repeal certain rules relating to use of the centennial logo.

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

    HB 1017 Introduced by: The Committee on Appropriations at the request of the Bureau of Administration

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

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

    HB 1018 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 repeal certain obsolete or unnecessary provisions pertaining to the Department of Game, Fish and Parks.

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

    HB 1019 Introduced by: The Committee on Transportation at the request of the Department of Game, Fish and Parks

    FOR AN ACT ENTITLED, An Act to revise the license fee for snowmobiles and to revise the period of such license.

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


    HB 1020 Introduced by: The Committee on State Affairs at the request of the Department of Game, Fish and Parks

    FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell the Marcotte Tract located within the Marcotte Game Production Area in Meade County to the City of Sturgis.

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

    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 rights of victims of crime.

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

    HB 1022 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to revise certain parole hearing provisions regarding inmate compliance, waivers, and teleconferencing.

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

    HB 1023 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to the Department of Corrections.

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

    HB 1024 Introduced by: The Committee on State Affairs at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to repeal the authorization to sell certain surplus real estate under the control of the Department of Corrections in Aurora County and Minnehaha County.

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


    HB 1025 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to make aggravated incest a violent crime for purposes of setting an initial parole date.

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

    HB 1026 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 repeal certain outdated or unnecessary statutes related to the Department of Social Services.

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

    HB 1027 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 repeal certain outdated or unnecessary statutes related to the Division of Behavioral Health within the Department of Social Services.

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

    HB 1028 Introduced by: The Committee on State Affairs at the request of the Bureau of Personnel

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state employees and to the administration of state personnel matters.

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

    HB 1029 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to authorize the publication of the names of certain delinquent taxpayers.

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


    HB 1030 Introduced by: The Committee on Appropriations at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the effective date of certain tax collection allowances.

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

    HB 1031 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to establish a license fee and a renewal fee for carriers licensing under the International Fuel Tax Agreement, to establish a decal fee and a mailing fee, and to provide for the disposition of the fees.

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

    HB 1032 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the temporary permit for a specialty license plate with an organization or first responder decal.

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

    HB 1033 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 clarify certain requirements relating to insurance examinations.

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

    HB 1034 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 circumstances under which alterations may be made to certain insurance applications.

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


    HB 1035 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 allow the disclosure of the status of certain insurance investigations and examinations.

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

    HB 1036 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

    FOR AN ACT ENTITLED, An Act to establish and revise certain provisions and penalties related to the regulation of grain warehouses, grain buyers, and warehouse receipts.

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

    HB 1037 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 purpose of the agriculture mediation program.

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

    HB 1038 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to increase the penalty for leaving the brand inspection area without necessary inspection and authorization.

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

    HB 1039 Introduced by: The Committee on Judiciary at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to exempt certain impaired driving violations from the statutory limitation on enhanced penalties for second, third, or subsequent violations.

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


    HB 1040 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

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

    HB 1041 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to authorize the carryover of the state aid to special education appropriation in order to meet federal maintenance of effort levels.

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

    HB 1042 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes relating to the State Cement Plant Commission.

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

    HB 1043 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the full-time equivalent staffing report.

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

    HB 1044 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to repeal certain statutes relating to the Bureau of Intergovernmental Relations.

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


    HB 1045 Introduced by: The Committee on Judiciary at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise various trust provisions.

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

    HB 1046 Introduced by: The Committee on Judiciary at the request of the Department of the Military

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody during a soldier's deployment.

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

    HB 1047 Introduced by: The Committee on Judiciary at the request of the Department of the Military

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to military law.

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

    HB 1048 Introduced by: The Committee on State Affairs at the request of the Department of the Military

    FOR AN ACT ENTITLED, An Act to expand the Board of Military Affairs.

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

    HB 1049 Introduced by: The Committee on Judiciary at the request of the Department of the Military

    FOR AN ACT ENTITLED, An Act to add certain definitions regarding the Department of the Military.

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

    HB 1050 Introduced by: The Committee on Judiciary at the request of the Department of the Military

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding National Guard discipline and courts-martial.


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

    HB 1051 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 and the Board of Regents to implement the long-term capital project request of the Board of Regents providing for the demolition, construction, remodeling, or renovation of various structures on the campuses of the state's universities and to make appropriations therefor.

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

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:01 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

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:

    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. 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, 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.