Senate Journal 3/17/2008 10:00 AM

JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION

THIRTY-FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 17, 2008

The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Diane Jackson, followed by the Pledge of Allegiance led by Senate page Jeremy Wolbrink.

Roll Call: All members present except Sen. Napoli who was excused.

APPROVAL OF THE JOURNAL

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

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

And we hereby move the adoption of the report.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

Mr. President and Members of the Senate:

I have the honor to inform you that on March 10, 2008, I approved Senate Bills 17, 69, 109, 128, and 148, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 11, 2008, I approved Senate Bills 10, 25, 37, 40, 43, 52, 55, 58, 63, 65, 84, 85, 177, 200, and 202, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 12, 2008, I approved Senate Bills 44, 45, 46, 47, 48, 49, 51, 57, 92, 93, and 188, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 12, 2008, I approved Senate Bills 77, 83, 100, 111, 114, 132, 133, 139, 140, 155, 158, and 199, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 13, 2008, I approved Senate Bills 34, 41, 42, 64, 68, 80, 82, 87, 88, 97, 124, 156, 157, and 163, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 13, 2008, I approved Senate Bills 4, 27, 53, 54, 112, 116, 123, 126, 134, 143, 153, 162, 173, 174, 176, 180, 182, 186, 187, 190, 192, and 201, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

EXECUTIV E VETOES AND RECOMMENDATIONS

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

I herewith return Senate Bill 203, and pursuant to Article IV, Section 4, of the South Dakota Constitution, I exercise a LINE ITEM VETO on the same.

Senate Bill 203 is "An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools."

I hereby exercise the line item veto and delete Sections 38 and 39 of the enrolled bill, which are lines 23 and 24 of page 29 and lines 1-4 of page 30 of the Senate Appropriations engrossed bill. They read:

Section 38. No money appropriated for state aid to education in subdivision (2) of section 11 of this Act may be expended for any other purpose without specific legislative authorization.

Section 39. No money appropriated for state aid to special education in subdivision (3) of section 11 of this Act may be expended for any purpose without specific legislative authorization.

These sections would prohibit the expenditure of $45 million for special education, violate the South Dakota Constitution, and conflict with existing law.

Section 39 omits one very important word that would prohibit the Department of Education from spending any money appropriated for state aid to special education.

During testimony, the voiced intention was that state aid dollars could not be transferred/expended for any "other" purpose than that which was intended through the general appropriations act. That is what was written in Section 38.

Section 39 omitted the word "other" and now says the dollars for special education "may not be spent for any purpose without legislative authorization." Therefore, unless my veto is sustained, we will have a shortfall of $45,127,372 in the State Aid to Special Education budget because by this new law those dollars cannot be spent for any purpose without legislative authority.

Secondly, S.D. Const. Art. XII, § 2 allows the General Appropriations Bill to "embrace nothing but appropriations."

The South Dakota Supreme Court has interpreted this provision to prohibit including substantive legislation in the appropriations bill in this manner attempted in Senate Bill 203. The decision of South Dakota Ed. Ass'n v. Barnett held:

[w]hile the Legislature is free to impose conditions and restrictions on appropriated funds within the body of a general appropriations bill, it may not substantively legislate in that bill in a manner that changes, amends or repeals existing law." South Dakota Ed. Ass'n v. Barnett, 582 N.W.2d 386, 392 (1998); See also Duxbury, McKellips and Symens v. Harding, 490 N. W. 2d 740, 1992 (1992); Apa v. Butler, 2001 SD 147, 638 N.W.2d 57(2001).

Finally, if these two sections were to become law, they would conflict with existing law.

SDCL 4-8A-8 reads:

Moneys appropriated on a program basis by the General Appropriation Act may be transferred between program accounts within or between programs within departments and bureaus ...only at the written request of a governing body, department secretary, or bureau commissioner, or designee, in accordance with procedures established by the Bureau of Finance and Management and only upon written approval of the Bureau of Finance and Management..

Therefore, if SDCL 4-8A-8 allows moneys to be transferred in the general appropriations act, but Sections 38 and 39 prohibit it, which law should be followed, the codified law or the new directions in Senate Bill 203?

Because Sections 38 and 39 exceed what is allowed by the South Dakota Constitution and subsequent court decisions, they would also conflict with existing law and would prohibit the expenditure of $45 million for special education, I respectfully LINE ITEM VETO Senate Bill 203 and also respectfully request that you concur with my action.

Respectfully submitted,
M. Michael Rounds
Governor

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

Dear Mr. President and Members of the Senate,

I hereby return Senate Bill 129, and pursuant to Article IV, Section 4, I hereby veto Senate Bill 129 entitled An Act to revise the grounds for which continuation or conversion is not required for group health policies.

The intent behind SB 129 and the focus of the bill in making the state's continuation rights more consistent with the federal COBRA law is the right direction for South Dakota's group health insurance market. Moving in that direction allows group health insurers the ability to treat employers regardless of size the same way and lessen administrative burdens on both the group health insurers and employers in this state.

However, there is a subset of the population of individuals who would lose group coverage when an employer is nonrenewed due to the employer not meeting an insurer's participation or contribution requirements that could fall through the safety net provided under current law. Most individuals covered under group plans whose coverage would be cancelled would have other alternatives either due to their ability to pass underwriting and purchase an individual policy or having at least 12 months of creditable coverage and qualifying for the risk pool. In addition, others in this situation have an option for those insurers offering a guaranteed conversion plan. However, there are still some employees or dependents that would have none of these options available to them. Those few individuals without other options would become uninsurable if Senate Bill 129 were to pass. This outweighs the positive aspects of Senate Bill 129.

I therefore respectfully veto SB 129, and request your concurrence with my action.

Respectfully submitted,
M. Michael Rounds
Governor

MOTIONS AND RESOLUTIONS

Sen. Knudson 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

Which motion prevailed and the President announced as such committee Sens. Knudson, Dempster, and Heidepriem.

Sen. Knudson 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 fix the time of adjournment sine die.

Which motion prevailed and the President announced as such committee Sens. Knudson, Dempster, and Heidepriem.

Sen. Knudson 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 make arrangements for a joint session for a ceremony observing the posthumous awarding of the Medal of Honor to Master Sergeant Woodrow Wilson Keeble.

Which motion prevailed and the President appointed as such committee Sens. Gray, Knudson, and Heidepriem.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORT OF JOINT-SELECT COMMITTEE

MR. PRESIDENT:

Your Joint-Select Committee appointed to make arrangements for a ceremony for medal of honor recipient Master Sergeant Woodrow Wilson Keeble respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 12:00 p.m. on March 17, 2008, to conduct a ceremony to honor Master Sergeant Keeble. The President of the Senate, Dennis Daugaard, presiding.

At the conclusion of the ceremony, the Joint Session will be dissolved.

The Governor's Proclamation shall be printed in the House and Senate Journals.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Bob Gray
Larry Rhoden    Dave Knudson
Dale Hargens    Scott Heidepriem
House Committee    Senate Committee

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

Sen. Knudson moved that the report of the Joint-Select Committee relative to making arrangements for a ceremony for Medal of Honor recipient Master Sergeant Woodrow Wilson Keeble as found on page 746 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Knudson moved that the Senate do now recess until 10:45 a.m., which motion prevailed and at 10:12 a.m., the Senate recessed.

The Senate reconvened at 10:45 a.m., the President presiding.

MESSAGES FROM THE HOUSE

I have the honor to transmit herewith HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rave, Rhoden, and Hargens as a committee of three 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 joint session to honor Master Sergeant Woodrow Wilson Keeble.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rave, Rhoden, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rave, Rhoden, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eighty-third Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to arranging for a joint session to honor Master Sergeant Woodrow Wilson Keeble.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has passed HB 1233 over the veto of the Governor. The veto message of the Governor is found on page 837 of the House Journal.

We hereby request your favorable consideration in passing HB 1233, the veto of the Governor notwithstanding.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that the rules be suspended for the sole purpose of giving first reading to, waiving committee referral, and giving immediate consideration to HCR 1011.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of giving first reading to, waiving committee referral, and giving immediate consideration to HCR 1011.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Hansen (Tom); Napoli

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried.

HCR 1011: A CONCURRENT RESOLUTION, Expressing the Legislature's consummate respect and appreciation for the service of Master Sergeant Woodrow Wilson Keeble, Sisseton- Wahpeton Oyate, a recipient of the Medal of Honor, the nation's highest military award.

Was read the first time and the referral to committee was waived.

HCR 1011: A CONCURRENT RESOLUTION, Expressing the Legislature's consummate respect and appreciation for the service of Master Sergeant Woodrow Wilson Keeble, Sisseton- Wahpeton Oyate, a recipient of the Medal of Honor, the nation's highest military award.

Was read the second time.

Sen. Knudson moved that the Senate do concur in HCR 1011 as found on page 847 of the House Journal.

The question being on Sen. Knudson's motion that the Senate do concur in HCR 1011.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Hansen (Tom); Napoli

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the reconsideration of SB 129 pursuant to the veto of the Governor and the veto message found on page 745 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall SB 129 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 5, Nays 25, Excused 5, Absent 0

Yeas:
Apa; Greenfield; Kloucek; Koetzle; Maher

Nays:
Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry; Two Bulls

Excused:
Abdallah; Albers; Hansen (Tom); Napoli; Smidt (Orville)

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost, sustaining the Governor's veto.

The Senate proceeded to the reconsideration of SB 203 pursuant to the line item veto of the Governor and the veto message found on page 743 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall sections 38 and 39, which are lines 23 and 24 of page 29, and lines 1 to 4, inclusive, of page 30 of the Senate Appropriations Committee engrossed version of SB 203 pass, the line item veto of the Governor not withstanding?"

And the roll being called:

Yeas 15, Nays 16, Excused 4, Absent 0

Yeas:
Dempster; Duenwald; Gant; Garnos; Gray; Hanson (Gary); Hauge; Hundstad; Hunhoff; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Schmidt (Dennis)

Nays:
Abdallah; Apa; Bartling; Greenfield; Heidepriem; Hoerth; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

Excused:
Albers; Hansen (Tom); Napoli; Smidt (Orville)

So the question not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the question lost, sustaining the Governor's line item veto.

Sen. Knudson moved that the Senate do now recess until 12:30 p.m., which motion prevailed and at 11:25 a.m., the Senate recessed.

RECESS

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 746 of the Senate Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of conducting a ceremony to honor Master Sergeant Woodrow Wilson Keeble. The President of the Senate, Dennis Daugaard, presiding.

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

Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson, Ed; Peterson, Jim; Schmidt, Dennis; Smidt, Orville; Sutton; Turbak Berry; Two Bulls.

The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup, Al; Novstrup, David; Nygaard; Olson, Betty; Olson, Russell; Olson, Ryan; Pederson, Gordon; Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen.

Sen. Knudson 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 M. Michael Rounds, Governor of the State of South Dakota; the family of Master Sergeant Woodrow Wilson Keeble; and the Sisseton-Wahpeton Vietnam Veterans _ Kit Fox Society: Duane "Doc" Wanna, Joe

Williams, Dave Flute, Dayton Seaboy, Gerald Thompson, Lincoln DeMarrias, Greg Maetaes, Dave Roberson, John Two Stars, Ed Williams, and Darrell White to the rostrum.

Which motion prevailed and the President appointed as such committee Sens. Gray, Knudson, and Heidepriem on the part of the Senate and Reps. Rhoden, Dykstra, Hargens, and Gillespie on the part of the House.

The Sergeant at Arms announced the arrival of the Honorable M. Michael Rounds, the family of Master Sergeant Woodrow Wilson Keeble, and the Sisseton-Wahpeton Vietnam Veterans _ Kit Fox Society, who were escorted to the rostrum.

The National Anthem was sung by Anthony Hunt of Pierre, South Dakota.

A Dakota Prayer was offered by Joe Williams of the Sisseton-Wahpeton Oyate.

The Honorable M. Michael Rounds read the Governor's Proclamation and made brief remarks.

Speaker Pro Tempore Rave read the House Concurrent Resolution.

Dayton Seaboy and David Flute sang the Dakota Warrior song.

Sen. Knudson moved that the Joint Session do now dissolve.

Which motion prevailed.

The Senate reconvened at 12:45 p.m., the President presiding.

MESSAGE FROM THE HOUSE

I have the honor to inform your honorable body that the House has passed HB 1269 over the veto of the Governor. The veto message of the Governor is found on page 842 of the House Journal.

We hereby request your favorable consideration in passing HB 1269, the veto of the Governor notwithstanding.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Knudson moved that the Senate do now recess until 1:15 p.m., which motion prevailed and at 12:47 p.m., the Senate recessed.

The Senate reconvened at 1:15 p.m., the President presiding.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the reconsideration of HB 1233 pursuant to the veto of the Governor and the veto message found on page 837 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall HB 1233 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Abdallah; Albers; Bartling; Gant; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak Berry; Two Bulls

Nays:
Apa; Dempster; Duenwald; Garnos; Gray; Hansen (Tom); Hunhoff; Knudson; Lintz; McNenny; Schmidt (Dennis); Smidt (Orville)

Excused:
Napoli

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost, sustaining the Governor's veto.

The Senate proceeded to the reconsideration of HB 1269 pursuant to the veto of the Governor and the veto message found on page 842 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall HB 1269 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Apa

Excused:
Napoli

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed, the veto of the Governor notwithstanding.

REPORTS OF STANDING COMMITTEE

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of SB 129, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 1:34 p.m., March 17, 2008.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to line item veto of SB 203, sustained that line item veto and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor, at 1:34 p.m., March 17, 2008.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

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 fixing the time of adjournment sine die for the Eighty-third Legislative Session.

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 informing his Excellency, the Governor, that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Respectfully,
Karen Gerdes, Chief Clerk

COMMUNICATIONS AND PETITIONS

Mr. President and Members of the Senate:

I have the honor to inform you that on March 17, 2008, I approved Senate Bill 203, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Eighty-third Legislative Session.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Dave Knudson
Larry Rhoden    Tom Dempster
Dale Hargens    Scott Heidepriem
House Committee    Senate Committee

Also MR. PRESIDENT:

Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Eighty-third Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 2:50 p.m., March 17, 2008.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Dave Knudson
Larry Rhoden    Thomas Dempster
Dale Hargens    Scott Heidepriem
House Committee    Senate Committee

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Sen. Knudson moved that the report of the Joint-Select Committee relative to informing his Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die as found on page 755 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Knudson moved that the report of the Joint-Select committee relative to adjournment sine die of the Eighty-third Legislation Session as found on page 756 of the Senate Journal be adopted.

Which motion prevailed.

The following closing prayer was offered by Rev. Diane C. Jackson:

Most Holy and Gracious God, as this Eighty-third Legislature comes to a close, we ask Your blessing on the work begun, continued and closed that this State and its good people are served according to Your will. We ask that You bless this house and all who are gathered here under its roof. Bless these men and women who have worked so hard on our behalf and we thank you for the skills, talents and compassion. Bless their families who have loaned them to us in this time away from their homes.

Bless Governor Rounds and the officers of the State, and those who work for the State and their families as their work on behalf of us citizens continues.

Bless our young people who are hungry to be taught that they learn strong models of justice and peace. Be with all those who serve the communities across this State and in our nation that we are always about Your business in Your name to Your glory. Amen.

Sen. Greenfield moved that the Senate do now adjourn sine die, which motion prevailed and at 2:50 p.m. the Senate adjourned.

Trudy Evenstad, Secretary

Pursuant to the Joint-Select Committee Report found on page 746 of the Senate Journal, the following is Governor M. Michael Rounds' Executive Proclamation:

Whereas, Master Sergeant Woodrow Wilson Keeble, son of Isaac and Nancy (Shaker) Keeble, was born in Waubay, South Dakota; and,

Whereas, Master Sergeant Keeble was a member of the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, a Sioux Native American tribe, and a U.S. Army National Guard veteran of both World War II and the Korean War; and,

Whereas, Master Sergeant Keeble was awarded the Distinguished Service Cross, the Silver Star, the Bronze Star with V device for Valor, the Bronze Star for merit, the Combat Infantryman Badge (first and second awards), and two Purple Hearts; and,

Whereas, Master Sergeant Keeble was posthumously awarded our nation's highest award, the Congressional Medal of Honor, by President George W. Bush on March 3, 2008, for his actions in the Korean War. He is the first full-blooded Sioux Indian to receive the Medal of Honor; and,

Whereas, Master Sergeant Keeble symbolizes the valor and bravery of all infantrymen not only from South Dakota, but from the entire country; and,

Whereas, The legacy of Master Sergeant Keeble's bravery will serve to inspire generations of South Dakotans; and,

Whereas, South Dakota is indebted to Master Sergeant Keeble for preserving that which we so bountifully enjoy - liberty and freedom; and,

Whereas, It is fitting and proper as Governor to remember Master Sergeant Woodrow Wilson Keeble for his dedicated and outstanding service to this country and state:

Now, Therefore, I, M. Michael Rounds, Governor of the state of South Dakota, do hereby proclaim March 17, 2008, as

A DAY OF TRIBUTE FOR MASTER SERGEANT
WOODROW WILSON KEEBLE

in South Dakota.

In Witness Whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the state of South Dakota, in Pierre, the Capital City, this Fourteenth Day of March in the Year of Our Lord, Two Thousand and Eight.

M. Michael Rounds, Governor

Attest:
Chris Nelson, Secretary of State