The prayer was offered by the Chaplain, Howard Grinager, followed by the Pledge of
Allegiance led by Senate page Jacqueline Juffer.
Roll Call: All members present except Sen. Krebs and Schlekeway who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the first day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Page (1st term) -- Haley Vik
Legislative Intern -- Hanna McElroy
Which was subscribed to and placed on file in the office of the Secretary of State.
May 25, 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 Article IV, Section 9, of the Constitution and subject to your
consent, I am honored to inform you that I have appointed Pamela Roberts, Hughes County,
Pierre, South Dakota, to the position of Secretary of the Department of Labor and Regulation.
This appointment was effective April 12, 2011.
March 25, 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 Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Andy Gerlach, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Revenue.
May 25, 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 Article IV, Section 9, of the Constitution, and subject to your
consent, I am honored to inform you that I have appointed Laurie Gill, Hughes County, Pierre,
South Dakota, to the position of Secretary of the Department of Human Services.
May 11, 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 Article IV, Section 9, of the Constitution, and subject to your
consent, I am honored to inform you that I have appointed Melody Schopp, Perkins County,
Meadow, South Dakota, to the position of Secretary of the Department of Education.
November 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 Article IV, Section 9, of the Constitution, and subject to your
consent, I am honored to inform you that I have appointed Matthew Michels, Union County,
Yankton, South Dakota, to the position of Interim Secretary of the Department of Veterans
Affairs.
This appointment was effective September 28, 2011.
May 25, 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 Article IV, Section 9, of the Constitution, and subject to your
consent, I am honored to inform you that I have appointed James Hagen, Hughes County,
Pierre, South Dakota, to the position of Secretary of the Department of Tourism.
May 25, 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 Article IV, Section 9, of the Constitution, and subject to your
consent, I am honored to inform you that I have appointed Leroy LaPlante, Clay County,
Vermillion, South Dakota, to the position of Secretary of the Department of Tribal Relations.
This appointment was effective April 12, 2011.
May 11, 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 Article IV, Section 9, of the Constitution, and subject to your
consent, I am honored to inform you that I have appointed Dennis Kaemingk, Davison County,
Mitchell, South Dakota, to the position of Secretary of the Department of Corrections.
March 23, 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 South Dakota Codified Law 33-1-10 and 33-1-10.1, and
subject to your consent, I have the honor to inform you that I have appointed Jeffrey P.
Marlette, Pennington County, Box Elder, South Dakota, as the Assistant Adjutant General,
Army.
Your Joint-Select Committee appointed to make arrangements for a Memorial Service for
deceased former members of the South Dakota House of Representatives and Senate
respectfully reports that they recommend that the House of Representatives and Senate recess
and convene in the House Chamber at 3:00 p.m. on January 19, 2012, and that a Joint Memorial
Resolution be introduced in their memory by their colleagues in the House of Representatives
and Senate.
A short program will follow the introduction of the Memorial Resolution. At the
conclusion of the Memorial Service, the Joint Session will be dissolved.
Respectfully submitted, Respectfully submitted,
Roger Hunt Mike Vehle
Nick Moser Elizabeth Kraus
H. Paul Dennert Billie Sutton
Steve Hickey Senate Committee
House Committee
Also MR. PRESIDENT:
Your Joint-Select Committee appointed relative to securing chaplains for the Eighty-seventh Legislative Session respectfully reports:
We have conferred with the Pierre/Ft. Pierre Ministerial Association and have arranged
for ministers to participate on a part-time basis under the direction of Pastor Daniel Varns, New
Life Assembly of God, as chief chaplain, to serve the Senate and House as chaplains throughout
the Eighty-seventh session of the Legislature. The chaplains are as follows:
Mike Bishop, Don Block, Paul Bly, Bob Bogart, Susan Carr, Larry Cass, Kris Cowles,
John Fette, Sarah Goldammer, Michael Griffin, Howard Grinager, Mercy Hobbs, Rolly
Kemink, Karl Kroger, Mark McCormick, Peter Mehlhaff, Auggie Mintzlaff, Dodie
Noordermeer, Brad Urbach, and David Zellmer.
Respectfully submitted, Respectfully submitted,
Roger Hunt Larry Rhoden
Nick Moser Phyllis Heineman
H. Paul Dennert James Hundstad
House Committee Senate Committee
The Legislature order 180 copies of the Senate and House bills and resolutions (each); and
100 copies of the Senate and House daily journals (each) for the Eighty-seventh Legislative
Session.
The free distribution of sets of bills, resolutions, and daily journals shall be as follows:
Eight copies for the Governor's Office, thirteen copies for the Supreme Court, eleven copies for the Legislative Research Council, thirteen copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management,
four copies for the Secretary of State, two copies for the Department of Legislative Audit, one
copy for the Code Commission, one copy for the State Treasurer, one copy for the State
Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public
Utilities Commission, and press copies as needed. Accomplishment of this distribution may be
satisfied, in whole or in part, by obtaining electronic copies of these documents from the
legislative Web site.
State's Attorneys and County Auditors shall receive free copies of bills and journals if they
pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.
Distribution of bills and journals to state officials, boards, commissions, and institutions
will be made upon request in writing to the Legislative Documents Room at a charge of
$122 per set of bills and $135 per set of journals plus mailing charges, if applicable.
One copy of the official directory (red book) shall be distributed to each Senator and
Representative, thirteen copies to the State Library, three copies to the Secretary of State and
a copy shall also be made available to state departments and the press upon request to the
Director of the Legislative Research Council. The public may obtain a copy for a fee of
$6 payable to the Legislative Documents Room.
One free copy of the South Dakota Legislative Index shall be distributed to the Governor,
the Lieutenant Governor, the Attorney General and the Supreme Court; thirteen free copies to
the State Library Depository; and one free copy to Senators and Representatives. Upon written
request to the Legislative Documents Room before January 31, 2012, all other state and private
entities may purchase the South Dakota Legislative Index at a cost of $35 per copy.
The Chief Mailing Clerk shall upon written request furnish any individual, firm,
corporation, association, or other organization with a set of House and Senate bills for $122 per
set and a set of journals for $135 per set for the Eighty-seventh Legislative Session, plus
mailing charges, if applicable.
Legislators may have two copies of all bills and resolutions and two copies of the daily
journals distributed or mailed to constituents within the legislator's own district if constituents
or legislators pay mailing charges of $50 per set for first-class mailing.
Registered lobbyists shall be entitled to one copy of the official directory upon payment
of the $40 registration fee to the Secretary of State; and upon payment of an additional $122 per
set of bills and $135 per set of journals plus mailing charges, if applicable, to the Legislative
Documents Room, shall be entitled to one copy of all bills and resolutions or journals pursuant
to SDCL 2-12-3.
Bill status reports will be printed and sold to state agencies at cost and to registered
lobbyists for $200 payable to the Legislative Documents Room which receipted funds shall be
used to pay the printing costs. If bill status is mailed, the cost is $125 for first-class postage.
A free daily copy of the bill status report shall be distributed as follows:
The Chief Mailing Clerk shall at the end of the session file a report with the Director of
the Legislative Research Council of all money paid for the purchase of bills and journals and
show proof of having deposited such money with the State Treasurer. Such funds shall be used
to offset the costs of postage and printing of bills and journals.
Also MR. PRESIDENT:
In regard to the system for payment of travel expenses to legislators we respectfully report
that:
(1) A form listing each weekend during session will be delivered to legislators. Legislators
will be asked to list their travel on that single sheet which would be signed and turned in
at the close of session. Also, pursuant to statute, a voucher must also be signed by each
legislator requesting travel reimbursement.
(2) Legislators driving their own car home for a weekend will receive mileage paid at state
rates (37 cents per mile). Legislators not driving home will not be entitled to
reimbursement unless they leased a vehicle or somehow incurred an expense, equivalent
to 37 cents per mile, in such travel.
(3) Legislators flying commercially will receive the equivalent of flight expenses as long
as it does not exceed 37 cents per mile.
(4) Legislators flying charter or in their own plane will be reimbursed for actual expenses
as long as it does not exceed 37 cents per mile.
Also MR. PRESIDENT:
Respectfully submitted, Respectfully submitted,
Hal Wick Bob Gray
Nick Moser Russell Olson
Peggy Gibson Jason Frerichs
House Committee Senate Committee
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Gosch, Cronin, and Fargen as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to arrange for a Joint Session of the two houses to receive
the message of the Governor.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Gosch, Cronin, and Fargen as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to notify the Governor that the Legislature is duly organized
and ready to meet in Joint Session to receive any communications he may desire to make.
I have the honor to inform your honorable body that the House has appointed Reps.
Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with
a like committee on the part of the Senate relative to the Joint Rules for the Eighty-seventh
Legislative Session.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Wick,
Moser, and Gibson as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to arrange for legislative days for the members, officers,
and employees of the House and Senate.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed
Reps. Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to
meet with a like committee on the part of the Senate for the purpose of setting the compensation
schedule of the elective and appointive officers and employees of the House and Senate for the
Eighty-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.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Sly,
Hoffman, and Blake as a committee of three on the part of the House to meet with a like
committee on the part of the Senate for the purpose of conferring with the Director of the
Legislative Research Council in regard to making arrangements for the distribution of the
official directory, House and Senate journals, and bills and other legislative printing for the two
houses and the state offices, with the full power to act.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Hunt,
Moser, and Dennert as a committee of three on the part of the House to meet with a like
committee on the part of the Senate relative to securing chaplains for the Eighty-seventh
Legislative Session.
I have the honor to inform your honorable body that the House has appointed Reps. Hunt,
Moser, Dennert, and Hickey as a committee of four on the part of the House to meet with a
committee of three on the part of the Senate for the purpose of arranging for a memorial
recognition of deceased former members of the House and Senate.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Lust,
Cronin, Bernie Hunhoff, and Fargen as a committee of four on the part of the House to meet
with a committee of three on the part of the Senate to arrange for a Joint Session of the Senate
and House of Representatives to receive a message from the Chief Justice of the Supreme
Court.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of notifying the Governor that the Legislature is
duly organized and ready to meet in Joint Session to receive any communications he may desire
to make.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Selec Committee for the purpose of arranging a Joint Sessiono of the two houses to
receive the message of the Governor.
\
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to arrangeing for a joint session to receive the State of
Judiciary message from the Chief Justice of the Supreme Court.
Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at
1:15 p.m. the Senate adjourned.
Pursuant to the report of the Joint-Select Committee, as found on page 12 of the Senate
Journal, the Senate convened with the House of Representatives in the House Chamber for the
purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson.
The President of the Senate, Matt Michels, presided.
The following prayer was delivered by Chaplain, Pastor Paul Bly, Pierre/Ft. Pierre
Ministerial Association, Pierre, South Dakota:
A reading from the prophet Micah, the sixth chapter: "With what shall I come before the
Lord, and bow before God on High?" "He has told you, O mortal, what is good; and what does
the Lord require of you but to do justice, and to love kindness, and to walk humbly with your
God."
Let us pray:
Almighty God, You have declared what is right: to do justice, to love kindness, and to walk
humbly with You. With that in our minds and on our hearts we ask Your blessing upon the
judges and courts, juries and law officers throughout our state. Give them a true sense of
partnership with You, O God, in keeping all of us safe within an orderly and just society.
Bless all of these leaders here today that they may do their important and often difficult
work in a spirit of wisdom, kindness, justice and teamwork. And in the midst of it all, Lord,
help us to never lose sight of Your bountiful goodness.
O Lord God, today we especially lift up to You Bill Janklow. Keep him in Your tender
care. Give him comfort and peace. Surround him and his family with Your holy presence.
Sustain us all by the gift of Your Holy Spirit, so that we may support one another in all that lies
ahead with the strength that You alone can give, for the sake of Your unfailing love.
Lord bless all our families, wherever they may be. In Your holy name we pray. 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; Lederman;
Maher; Nelson, Tom; Novstrup, Al; Nygaard; Olson, Russell; Peters; Putnam; Rampelberg;
Rave; Rhoden; 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; Killer; 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 David Gilbertson, Chief
Justice of the state of South Dakota, to the rostrum.
Which motion prevailed and the President appointed as such committee Sens. Gray, 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 Chief Justice David Gilbertson, who was
escorted to the rostrum.
The Lieutenant Governor, Matt Michels, introduced the Honorable David Gilbertson, who
delivered the State of the Judiciary Address.
Sen. Olson moved that the Joint Session do now dissolve.
Which motion prevailed.