JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 13, 2009

     BE IT REMEMBERED, That on the thirteenth day of January, A.D., two thousand nine, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Eighty-fourth regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Dennis Daugaard in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

     The following prayer was offered by the Chaplain, Pastor Diane Jackson, Pierre/Ft Pierre Ministerial Association:

    Creating and Sustaining God, we Your servants give You humble thanks for all your goodness and loving-kindness to us and to all that You have made. We pray that You give us such an awareness of Your mercies that with truly thankful hearts we may show forth Your praise, not only with our lips, but also in our lives, by giving of ourselves to Your service, and by walking before You in holiness and righteousness all our days.

    May we know peaceful resolve and renewed energy to continue good work in this place in the days to come. Bless all who gather under this Capitol Dome and all whom You have called to lead here, their families and those they represent in this great state of South Dakota.

    Be with all those who stand in harm's way today throughout our world, and especially those who are serving from this State that they be surrounded with grace, mercy and protection. Defend our liberties and give those whom we have entrusted with the authority of government the spirit of wisdom, that there might be justice and peace in this world. When times are prosperous, let our hearts be thankful; and, in troubled times, do not let our trust in You fail.

    With reverence we pray, Amen

    The Pledge of Allegiance to the flag of the United States was led by Senate page Jameson Berreth.


    I, CHRIS NELSON, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 4, 2008, are hereby certified as members of the Senate of the 2009-2010 Legislative Sessions:

District No.  1  Day, Marshall, and Roberts Counties
            Gary D. Hanson, Sisseton

District No.  2  Brown and Spink Counties
            Jim Hundstad, Bath

District No.  3  Brown and McPherson Counties
            Al Novstrup, Aberdeen

District No.  4  Brookings, Deuel, Grant, and Moody Counties
            Jim Peterson, Revillo

District No.  5  Codington County
            Nancy J. Turbak Berry, Watertown

District No.  6  Beadle, Clark, Codington, Hamlin, and Kingsbury Counties
            Art Fryslie, Willow Lake

District No.  7  Brookings County
            Pam Merchant, Brookings

District No.  8  Lake, Miner, Moody, and Sanborn Counties
            Russell Olson, Madison

District No.  9  Minnehaha County
            Thomas A. Dempster, Sioux Falls

District No. 10  Lincoln and Minnehaha Counties
            Gene G. Abdallah, Sioux Falls

District No. 11  Lincoln and Minnehaha Counties
            Jason M. Gant, Sioux Falls

District No. 12  Lincoln and Minnehaha Counties
            Sandy Jerstad, Sioux Falls

District No. 13  Minnehaha County
            Scott N. Heidepriem, Sioux Falls

District No. 14  Minnehaha County
            Dave L. Knudson, Sioux Falls


District No. 15  Minnehaha County
            Kathy Miles, Sioux Falls

District No. 16  Lincoln and Union Counties
            Margaret V. Gillespie, Hudson

District No. 17  Clay and Turner Counties
            Ben Nesselhuf, Vermillion

District No. 18  Yankton County
            Jean Hunhoff, Yankton

District No. 19  Bon Homme, Douglas, Hutchinson, and Turner Counties
            Frank J. Kloucek, Scotland

District No. 20  Aurora and Davison Counties
            Mike Vehle, Mitchell

District No. 21  Brule, Buffalo, Charles Mix, Jones, and Lyman Counties
            Cooper Garnos, Presho

District No. 22  Beadle, Hand, and Jerauld Counties
            Tom Hansen, Huron

District No. 23  Campbell, Edmunds, Faulk, Hyde, McPherson, Potter, and Walworth Counties
            Corey Brown, Gettysburg

District No. 24  Hughes, Stanley, and Sully Counties
            Bob Gray, Pierre

District No. 25  Hanson, McCook, and Minnehaha Counties
            Dan Ahlers, Dell Rapids

District No. 26  Gregory, Mellette, Todd, and Tripp Counties
            Julie Bartling, Burke

District No. 27  Bennett, Haakon, Jackson, and Shannon Counties
            Jim Bradford, Pine Ridge

District No. 28  Butte, Corson, Dewey, Harding, Meade, Perkins, and Ziebach Counties
             Ryan Maher, Isabel

District No. 29  Butte and Meade Counties
            Larry Rhoden, Union Center

District No. 30  Custer, Fall River, and Pennington Counties
            Gordon Howie, Rapid City


District No. 31  Lawrence County
            Thomas R. Nelson, Lead

District No. 32  Pennington County
            Stan Adelstein, Rapid City

District No. 33  Meade and Pennington Counties
            Dennis Schmidt, Rapid City

District No. 34  Pennington County
            Craig Tieszen, Rapid City

District No. 35  Pennington County
            Jeffrey K. Haverly, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 8th day of January, 2009.

    (SEAL)                                        Chris Nelson

Secretary of State

    I. CHRIS NELSON, Secretary of State of the state of South Dakota do hereby certify that the following members elected to the Senate of the state of South Dakota for the term 2009- 2010 were administered the oath of office on the 13th day of January, 2009, at the seat of state government in Pierre, by the Honorable Judith Meierhenry, Justice of the Supreme Court of the state of South Dakota and subscribed to the same and that such oath is now on file in the office of the Secretary of State of the state of South Dakota:

Gene G. Abdallah                     Jean M. Hunhoff
Stan Adelstein                            Sandy Jerstad
Dan Ahlers                            Frank J. Kloucek
Julie Bartling                            Dave Knudson
Jim Bradford                            Ryan M. Maher
Corey Brown                            Pam Merchant
Tom Dempster                        Kathy Miles
Art Fryslie                            Thomas R. Nelson
Jason M. Gant                            Ben Nesselhuf
Cooper Garnos                        Al Novstrup
Margaret V. Gillespie                    Russell Olson
Bob Gray                            Jim Peterson
Tom Hansen                            Larry Rhoden
Gary D. Hanson                        Dennis R. Schmidt
Jeffrey K. Haverly                    Craig Tieszen
Scott Heidepriem                        Nancy Turbak Berry
Gordon Howie                            Mike Vehle
Jim Hundstad


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

    I, CHRIS NELSON, Secretary of State of the state of South Dakota, do hereby certify that on the second day of January, A.D., two thousand nine, at the hour of one thirty o'clock meridian, the Honorable W. J. Srstka, Jr., Second Judicial Circuit Court Judge, in the court room at the Minnehaha County Court House, Sioux Falls, administered the oath of office to the following public utilities commissioner officer-elect which was subscribed to and placed on file in the office of the Secretary of State of the state of South Dakota:

    Public Utilities Commissioner - Gary W. Hanson

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 12th day of January, 2009.


     (SEAL)                                    Chris Nelson
Secretary of State

    Roll Call: All members present.

MOTIONS AND RESOLUTIONS

    Sen. Knudson moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Knudson moved that Sen. Gray be elected President Pro tempore of the Senate for the Eighty-fourth Legislative Session.

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

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Gillespie



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

    The oath of office was administered by the Honorable Judith Meierhenry, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Bob Gray.

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

    Sen. Knudson moved that Trudy Evenstad be elected Secretary of the Senate for the Eighty-fourth Legislative Session.

    The question being on Sen. Knudson's motion that Trudy Evenstad be elected Secretary of the Senate for the Eighty-fourth Legislative Session.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Gillespie

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

    The oath of office was administered by the Honorable Judith Meierhenry, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Trudy Evenstad.

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

    Sen. Knudson moved that the permanent joint rules and the permanent Senate rules of the Eighty-third Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Eighty-fourth Legislative Session.

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

     And the roll being called:


     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Gillespie

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

    The President announced the appointment of the following named persons as employees of the Senate for the Eighty-fourth Legislative Session:

    First Assistant to the Secretary -- Kay Agena
                                
    Second Assistant to the Secretary -- Carolyn Riter

    Third Assistant to the Secretary -- Carolyn Jorgensen

    Secretary to the President Pro Tempore -- Cheri Hauschild

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Ann Eichinger

    Appropriations Secretary -- Barbara Bjorneberg

            Committee Secretaries -- Josh Klumb, Cindy Lauder

    Sergeant-at-Arms -- Dave Bonde

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

                    Pages (1st term) -- Jameson Berreth, Maggie Boe, Caitlin Forman, Shelby Freeman, Brittani Harris, Daine McNenny, Amy Miles, Emily Mutschelknaus, Mariah Potts, Benjamin White

                    Pages (2nd term) -- Brielle Betzold, Tessa Bollinger, Marit Hoyme, McKenzie Jones, Suzannah Kloucek, Michael Mayclin, Allyson Pierce, Erin Schoenbeck, Sarah Thvedt, Thad Titze, Sigrid Wald, Karen Zahradnicek


                    Pages (3rd term) -- Lauren Albers, Mitchell Aman, Theresa Flahaven, Audra Hewitt, Kamaria Iversen, Ann Kroupa, Danielle Long, Sarah Luebke, Carol-Anne Mulloy, Ryan Peterson, Shawnee Price

            Pages (4th term) -- Megan Book, Shareen Brazil, Shiloh Day, Michael Herman, Kama Konda, Jazmine Myers, Lakin Stenson, Shawna Van Zee, Alissa VanMeeteren

                    Legislative Interns -- Jordan Fink, Jacob Hamik, Britney Jencks, Caroline Johnson, Kevin King, Peter Lemke, Jenna Mann, Jiyeon Park, Jenna Smeenk

    Legislative Aides -- Sam Heidepriem, Will Mortenson

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

    First Assistant to the Secretary -- Kay Agena

    Second Assistant to the Secretary -- Carolyn Riter

    Third Assistant to the Secretary -- Carolyn Jorgensen

    Secretary to the President Pro Tempore -- Cheri Hauschild

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Ann Eichinger

            Committee Secretaries -- Josh Klumb, Cindy Lauder

    Sergeant-at-Arms -- Dave Bonde

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

                    Pages (1st term) -- Jameson Berreth, Maggie Boe, Caitlin Forman, Shelby Freeman, Brittani Harris, Daine McNenny, Amy Miles, Emily Mutschelknaus, Mariah Potts, Benjamin White

                    Legislative Interns -- Jordan Fink, Jacob Hamik, Britney Jencks, Caroline Johnson, Kevin King, Peter Lemke, Jenna Mann, Jiyeon Park, Jenna Smeenk

    Legislative Aides -- Sam Heidepriem, Will Mortenson

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



    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 to receive the message of the Governor.

    Which motion prevailed and the President announced as such committee Sens. Gray, Knudson, 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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and the President announced as such committee Sens. Gray, Knudson, 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 relative to the Joint Rules for the two houses for the Eighty-fourth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Gray, Knudson, 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 legislative days for the members, officers, and employees of the Senate and the House for the Eighty-fourth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Gray, Knudson, 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 set the compensation schedule of the elective and appointive officers and employees of the House and Senate for the Eighty-fourth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President announced as such committee Sens. Gray, Knudson, 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 confer with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing for the Senate and House and the state offices, with the full power to act.

    Which motion prevailed and the President announced as such committee Sens. Dempster, Garnos, and Gary Hanson.

    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 select chaplains for the Eighty-fourth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Tom Hansen, Rhoden, and Bartling.

    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 arrange for a memorial recognition of deceased former members of the Senate and House.

    Which motion prevailed and the President announced as such committee Sens. Tom Hansen, Fryslie, and Jerstad.

    Sen. Knudson moved that a committee of three on the part of the Senate be appointed to meet with a committee of four on the part of the House to make arrangements for a Joint Session to hear the message of the Chief Justice of the Supreme Court.

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

    Sen. Knudson moved that a committee of three on the part of the Senate be appointed to meet relative to Senate Rules.

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

    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)
**Rhoden, *Howie, Bradford, Garnos, Hansen (Tom), Vehle, Kloucek, Maher, Peterson
     Appropriations (7)
**Hunhoff (Jean), *Haverly, Brown, Novstrup (Al), Ahlers, Bartling, Hundstad

    Commerce (7)
**Olson (Russell), *Nelson, Adelstein, Gant, Merchant, Nesselhuf, Turbak Berry
     Education (7)
**Garnos, *Knudson, Gray, Olson (Russell), Jerstad, Nesselhuf, Peterson
     Government Operations and Audit (5)
**Tieszen, *Haverly, Hunhoff (Jean), Bartling, Gillespie
     Health and Human Services (7)
**Adelstein, *Hansen (Tom), Dempster, Gant, Jerstad, Merchant, Miles
     Judiciary (7)
**Abdallah, *Tieszen, Schmidt, Vehle, Gillespie, Heidepriem, Turbak Berry
     Legislative Procedure (7)
**Gray, *Knudson, Dempster, Garnos, Hanson (Gary), Heidepriem, Nesselhuf
     Local Government (7)
**Gant, *Bradford, Schmidt, Tieszen, Gillespie, Kloucek, Miles
     Retirement Laws (5)
**Nelson, *Brown, Abdallah, Jerstad, Miles
     State Affairs (9)
**Dempster, *Gray, Abdallah, Knudson, Olson (Russell), Rhoden, Hanson (Gary), Heidepriem, Turbak Berry
     Taxation (9)
**Hansen (Tom), *Fryslie, Adelstein, Howie, Nelson, Jerstad, Maher, Merchant, Peterson
     Transportation (7)
**Vehle, *Schmidt, Fryslie, Howie, Hanson (Gary), Kloucek, Maher

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

        Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Bob Gray
Kristi Noem    Dave Knudson
H. Paul Dennert    Scott Heidepriem
House Committee    Senate Committee


    Sen. Knudson moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session be adopted.

    Which motion prevailed.

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 13, 2009.

    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 House Journal.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Bob Gray
Kristi Noem    Dave Knudson
H. Paul Dennert    Scott Heidepriem
House Committee    Senate Committee

    Sen. Knudson moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the Governor's message be adopted.

    Which motion prevailed.

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Chief Justice of the Supreme Court respectfully reports:


    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 14, 2009.

    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 House Journal.

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Bob Gray
Kristi Noem    Dave Knudson
Bernie Hunhoff    Scott Heidepriem
H. Paul Dennert    Senate Committee
House Committee

    Sen. Knudson moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the message from the Chief Justice of the Supreme Court be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1  Introduced by:  Senators Hansen (Tom), Howie, and Maher and Representatives Brunner, Juhnke, Olson (Betty), and Vanneman at the request of the Department of Game, Fish and Parks Agency Review Committee

     FOR AN ACT ENTITLED, An Act to clarify, repeal, update, and make form and style revisions to certain statutes related to the Department of Game, Fish and Parks.

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

     SB 2  Introduced by:  Senators Hansen (Tom), Howie, and Maher and Representatives Brunner, Juhnke, Olson (Betty), and Vanneman at the request of the Department of Game, Fish and Parks Agency Review Committee


     FOR AN ACT ENTITLED, An Act to revise the available number of certain nonresident waterfowl hunting licenses.

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

     SB 3  Introduced by:  Senators Knudson, Peterson, and Rhoden and Representatives Noem, Dennert, and Street at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

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

     SB 4  Introduced by:  Senators Knudson, Peterson, and Rhoden and Representatives Noem, Dennert, and Street at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

     FOR AN ACT ENTITLED, An Act to revise certain tax levy limitations and property tax levies for school districts.

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

     SB 5  Introduced by:  Senators Gant, Bartling, Hundstad, and Olson (Russell) and Representatives Hunt, Engels, Lucas, and Turbiville at the request of the Department of Tourism and State Development Agency Review Committee

     FOR AN ACT ENTITLED, An Act to revise the form and style of certain provisions and to delete certain obsolete provisions regarding the Department of Tourism and State Development.

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

     SB 6  Introduced by:  Senator Turbak Berry and Representative Deadrick at the request of the Code Commission

     FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the code.

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

     SB 7  Introduced by:  Senator Turbak Berry and Representative Deadrick at the request of the Code Commission



     FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2008.

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

     SB 8  Introduced by:  Senators Gant, Gillespie, Heidepriem, and Hunhoff (Jean) and Representatives Peters and Tidemann at the request of the Interim Committee on Government Operations and Audit

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

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

     SB 9  Introduced by:  Senator Hundstad

     FOR AN ACT ENTITLED, An Act to authorize certain vehicle parking privileges for persons with disabilities who display Purple Heart special license plates.

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

     SB 10  Introduced by:  Senators Vehle and Ahlers and Representatives Olson (Ryan), Boomgarden, and Rausch at the request of the Interim Committee on South Dakota Highway Needs and Financing

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

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

     SB 11  Introduced by:  Senators Vehle and Ahlers and Representatives Olson (Ryan), Boomgarden, Krebs, and Noem at the request of the Interim Committee on South Dakota Highway Needs and Financing

     FOR AN ACT ENTITLED, An Act to repeal the reduction of motor vehicle license fees for certain older motor vehicles.

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

     SB 12  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation


     FOR AN ACT ENTITLED, An Act to limit the amount of tax refunds for construction projects that are located in areas that are included in a tax collection agreement between the state and an Indian tribe.

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

     SB 13  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the title to real property obtained by a tax deed.

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

     SB 14  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code and to repeal an obsolete reference to the Internal Revenue Code.

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

     SB 15  Introduced by:  The Committee on Health and Human Services at the request of the Department of Social Services

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the confidentiality and release of certain child abuse or neglect information.

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

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

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of biodiesel and biodiesel blends.

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

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

     FOR AN ACT ENTITLED, An Act to revise certain driver licensing provisions.

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



     SB 18  Introduced by:  The Committee on Transportation at the request of the Department of Public Safety

     FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

     SB 19  Introduced by:  The Committee on Health and Human Services at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for certain group health policies.

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

     SB 20  Introduced by:  The Committee on Health and Human Services at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise the lifetime benefit maximum for the health insurance risk pool.

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

     SB 21  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to impose a fuel excise tax on ethyl alcohol and methyl alcohol used in motor vehicles on the public roads and highways, to repeal the fuel excise tax on ethanol blends and E85 and M85, and to revise certain provisions regarding the fuel excise tax.

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

     SB 22  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 authorize counties to borrow funds for the construction and operation of solid waste management facilities through the issuance of revenue bonds and to set rates in an amount sufficient to retire the bonds.

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



     SB 23  Introduced by:  The Committee on Transportation at the request of the Department of Transportation

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

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

     SB 24  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the retention of insurance claim files.

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

     SB 25  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding what constitutes an unauthorized insurer and engaging in unauthorized insurance.

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

     SB 26  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise certain reimbursement and subrogation provisions regarding workers' compensation claims.

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

     SB 27  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of limited or restricted insurance producer's licenses.

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

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


     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the coordination of benefits and the rescission of individual health insurance.

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

     SB 29  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise the requirements for replacement of group life insurance policies.

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

     SB 30  Introduced by:  The Committee on Transportation at the request of the Department of Transportation

     FOR AN ACT ENTITLED, An Act to repeal the requirement that the Department of Transportation file a copy of the official state trunk highway map with every county auditor.

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

     SB 31  Introduced by:  The Committee on Commerce at the request of the Department of Public Safety

     FOR AN ACT ENTITLED, An Act to revise certain labeling requirements for gasoline or gasoline blends.

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

     SB 32  Introduced by:  The Committee on Appropriations at the request of the Department of Public Safety

     FOR AN ACT ENTITLED, An Act to increase certain fees related to the use of motor vehicles.

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

     SB 33  Introduced by:  The Committee on Judiciary at the request of the Office of the Secretary of State

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permission to carry a concealed pistol.


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

     SB 34  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 South Dakota Board of Education's role if a school district fails to develop a reorganization plan.

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

     SB 35  Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act to revise the definition of an assisted living center.

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

     SB 36  Introduced by:  The Committee on Appropriations at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act to revise certain drug registration fees and license fees related to health care facilities.

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

     SB 37  Introduced by:  The Committee on Judiciary at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act to establish certain immunity for volunteers of the statewide emergency registry of volunteers for South Dakota program.

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

     SB 38  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to require school districts to keep contiguous boundaries when reorganizing.

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


     SB 39  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives and to declare an emergency.

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

     SB 40  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 financial assurance requirements for responding to accidental releases of chemical or biological ore leaching agents from certain permitted mines.

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

     SB 41  Introduced by:  The Committee on State Affairs at the request of the Department of Tourism and State Development

     FOR AN ACT ENTITLED, An Act to revise the definition of wind easements.

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

     SB 42  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to impose the sales tax on the gross receipts derived from renting mini-storage units, self-storage units, or storage space and the use tax on the use of mini-storage units, self-storage units, or storage space and to declare an emergency.

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

     SB 43  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to repeal the sales and use tax exemptions for certain amateur sports officials and rodeo services.

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



     SB 44  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to repeal certain sales and use tax exemptions concerning the sale of feed for certain animals and the sale of certain animals, and to repeal the classification of fur-bearing animals.

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

     SB 45  Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

     FOR AN ACT ENTITLED, An Act to provide an exception to the practice of seclusion as it pertains to the treatment of a person with a developmental disability.

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

     SB 46  Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

     FOR AN ACT ENTITLED, An Act to change the name of adjustment training center to community support provider.

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

     SB 47  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 costs related to suppression of wildfires in the state and to declare an emergency.

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

     SB 48  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 costs related to disasters in the state and to declare an emergency.

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

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



     FOR AN ACT ENTITLED, An Act to make an appropriation to fund sales tax on food refunds and to declare an emergency.

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

     SB 50  Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009.

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

     SB 51  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

     FOR AN ACT ENTITLED, An Act to provide for a drug screening program for certain applicants and employees of the Wildland Fire Suppression Division.

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

     SB 52  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

     FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

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

     SB 53  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to modify the type of financial documents required for a grain buyer's license and to declare an emergency.

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

     SB 54  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission


     FOR AN ACT ENTITLED, An Act to revise how certain rates are determined for grain warehouse operators.

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

     SB 55  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of grain buyers.

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

     SB 56  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to change certain references regarding a grain dealer to a grain buyer.

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

     SB 57  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to allow the use of energy efficiency and conservation to count toward the state's renewable and recycled energy objective.

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

     SB 58  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to require notification regarding the construction of certain wind energy projects.

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

     SB 59  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission


     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the amount of the filing fee for the siting of energy facilities.

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

     SB 60  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to implement and comply with certain federal energy acts.

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

     SB 61  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

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

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

     SB 62  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the delegation of powers by the Public Utilities Commission.

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

     SB 63  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to add certain energy efficiency disclosures to the property condition disclosure statement.

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

     SB 64  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to establish certain energy efficiency disclosure requirements for new residential buildings.


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

     SB 65  Introduced by:  The Committee on Judiciary at the request of the Commission on Child Support

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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

     SB 66  Introduced by:  The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center and to accept donations for such purpose and to make an appropriation thereof.

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

     SB 67  Introduced by:  The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents to support the research, education, and economic development network.

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

     SB 68  Introduced by:  The Committee on State Affairs at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act to authorize the establishment, operation, and control of research parks on state land.

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

     SB 69  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 requirement for a fire equipment shop.

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



COMMUNICATIONS AND PETITIONS

December 18, 2008

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

Re: Appointment of Jesse B. Sondreal

Dear Mr. President and Members of the Senate:

Under date of December 8, 2008, I notified you that I was appointing Jesse Sondreal to the Board of Pardons and Paroles subject to Senate Confirmation and effective March 16, 2009. I hereby amend my request for confirmation to make the appointment effective March 1, 2009. If there are any questions, please advise. Thank you.

Very truly yours,
Larry Long
ATTORNEY GENERAL

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

June 23, 2008

Lt. Governor Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501

Re: Appointment of Krista Heeren-Graber

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of SDCL 24-16A-1 and the Governor's Executive Order 2002-05 and subject to your confirmation, I have the honor to inform you that I have appointed Krista Heeren-Graber to the South Dakota Council for Interstate Adult Offender Supervision. I have enclosed the Statement of Financial Interest and Executive Appointment.


This appointment is effective immediately and expires June 23, 2011.

Very truly yours,
Larry Long
ATTORNEY GENERAL

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

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, January 14, the 2nd legislative day.

     Which motion prevailed.

     Sen. Dempster moved that the Senate do now adjourn, which motion prevailed and at 12:45 p.m the Senate adjourned.

Trudy Evenstad, Secretary

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, M. Michael Rounds. The President of the Senate, Dennis Daugaard, presided.

    The following prayer was delivered by Pastor Dan Varns, Pierre/Ft. Pierre Ministerial Association, Pierre, South Dakota:

    Father, in these difficult times, we are mindful of the weight of responsibility that rests upon our governor, legislators, and other state leaders. My prayer is that You would grant them wisdom beyond themselves, courage to do what is right, and discernment when what's right or best may not be clear. Be with their families as demands on their time increases. I ask that You would bless this great state of ours. Thank You for the privilege of living where natural resources are abundant, where the people are good, and where we are free to live the life You have given us. May Your blessing be upon this session and all the decisions that are made. These things I pray for Your honor. Amen.

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

Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad; Hunhoff, Jean; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup, Al; Olson, Russell; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle.

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

Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup, David; Nygaard; Olson, Betty; Olson, Ryan; Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave.

    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, 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. Faehn, Noem, Bernie Hunhoff, and Dennert on the part of the House.

    The Sergeant at Arms announced the arrival of the Honorable M. Michael Rounds, who was escorted to the rostrum.

    The Lieutenant Governor, Dennis Daugaard, introduced the Honorable M. Michael Rounds, who delivered the State of the State Address.

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

    Which motion prevailed.