JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, 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, on the second Tuesday in January, being the day and hour fixed by the Constitution of the state of South Dakota for the convening of the Legislature, the Eighty-fourth regular session of the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the state of South Dakota, the seat of government thereof, was called to order by Chris Nelson, the Secretary of State of the state of South Dakota.

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

    Gracious God, as we open this 2009 session of the House, I give You thanks for these men and women who will serve so capably in their responsibilities. Thank You for their willingness to serve this state, and to make the sacrifices and adjustments required of them. I ask that You would watch over their families during the times of separation, and grant them Your peace. May Your wisdom be theirs, and may they have an understanding of the times we are living in, so that they can lead wisely. These things I pray for Your honor, Amen.

    The Pledge of Allegiance was led by House page Miranda Bitz.


    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 House of Representatives at the general election held on November 4, 2008, are hereby certified as members of the House of Representatives of the 2009-2010 Legislative Sessions:

District No. 1    Day, Marshall and Roberts Counties
        Jason Frerichs, Wilmot
        Susan Wismer, Britton

District No. 2    Brown and Spink Counties
        H. Paul Dennert, Columbia
        Elaine M. Elliott, Aberdeen

District No. 3    Brown and McPherson Counties
        Dennis Feickert, Aberdeen
        David Novstrup, Aberdeen

District No. 4    Brookings, Deuel, Grant and Moody Counties
        Steve Street, Revillo
        Val Rausch, Big Stone City

District No. 5    Codington County
        Roger Solum, Watertown
        Bob Faehn, Watertown        

District No. 6    Beadle, Clark, Codington, Hamlin and Kingsbury Counties
        Kristi Noem, Castlewood
        Brock L. Greenfield, Clark

District No. 7    Brookings County
        Larry J. Tidemann, Brookings
        Carol A. Pitts, Brookings

District No. 8    Lake, Miner, Moody and Sanborn Counties
        Gerald Lange, Madison
        Mitch Fargen, Flandreau

District No. 9    Minnehaha County
        Richard A. Engels, Hartford
        Deb Peters, Hartford

District No. 10    Lincoln and Minnehaha Counties
        Roger Hunt, Brandon
        Shantel Krebs, Sioux Falls        

District No. 11    Lincoln and Minnehaha Counties
        Darrell D. Solberg, Sioux Falls
        Todd Schlekeway, Sioux Falls



District No. 12    Lincoln and Minnehaha Counties
        Manny Steele, Sioux Falls
        R. Blake Curd, Sioux Falls

District No. 13    Minnehaha County
        Bill Thompson, Sioux Falls
        Susy Blake, Sioux Falls

District No. 14    Minnehaha County
        Marc S. Feinstein, Sioux Falls
        Joni M. Cutler, Sioux Falls

District No. 15    Minnehaha County
        Patrick A. Kirschman, Sioux Falls
        Martha Vanderlinde, Sioux Falls

District No. 16    Lincoln and Union Counties
        Dan Lederman, Dakota Dunes
        Jim Bolin, Canton

District No. 17    Clay and Turner Counties
        Eldon Nygaard, Vermillion
        Jamie M. Boomgarden, Chancellor

District No. 18    Yankton County
        Bernie Hunhoff, Yankton
        Nick G. Moser, Yankton

District No. 19    Bon Homme, Douglas, Hutchinson and Turner Counties
        J.E. "Jim" Putnam, Armour
        Bill Van Gerpen, Tyndall

District No. 20    Aurora and Davison Counties
        Noel Hamiel, Mitchell
        Lance Carson, Mitchell

District No. 21    Brule, Buffalo, Charles Mix, Jones and Lyman Counties
        Kent Juhnke, Vivian
        Thomas J. Deadrick, Platte

District No. 22    Beadle, Hand and Jerauld Counties
        Peggy Gibson, Huron
        Quinten L Burg, Wessington Springs

District No. 23    Campbell, Edmunds, Faulk, Hyde, McPherson, Potter and Walworth         Counties
        Justin R Cronin, Gettysburg
        Charles B. Hoffman, Eurkea



District No. 24    Hughes, Stanley and Sully Counties
        Ryan P. Olson, Onida
        Tim G. Rounds, Pierre

District No. 25    Hanson, McCook and Minnehaha Counties
        Oran A. Sorenson, Garretson
        Timothy A. Rave, Baltic

District No. 26A    Mellette and Todd Counties
        Larry J. Lucas, Mission

District No. 26B    Gregory and Tripp Counties
        Kim Vanneman, Ideal

District No. 27    Bennett, Haakon, Jackson and Shannon Counties
        Kevin Killer, Pine Ridge
        Ed Iron Cloud III, Porcupine

District No. 28A    Corson, Dewey and Ziebach Counties
        Dean Schrempp, Lantry

District No. 28B    Butte, Corson, Harding, Meade and Perkins Counties
        Betty Olson, Prairie City

District No. 29    Butte and Meade Counties
        Thomas J. Brunner, Nisland
        Dean Wink, Howes

District No. 30    Custer, Fall River and Pennington Counties
        Mike Verchio, Hill City
        Lance S. Russell, Hot Springs

District No. 31    Lawrence County
        Fred W Romkema, Spearfish
        Charles M. Turbiville, Deadwood

District No. 32    Pennington County
        Brian Dreyer, Rapid City
        Brian Gosch, Rapid City

District No. 33    Meade and Pennington Counties
        Jacqueline Sly, Rapid City
        Phil Jensen, Rapid City

District No. 34    Pennington County
        David Lust, Rapid City
        Ed McLaughlin, Rapid City


District No. 35    Pennington County
        Don Kopp, Rapid City
        Mark Kirkeby, 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

    The oath of office was administered by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota to the following Representatives-elect:

    Susy Blake    Jim Bolin
    Jamie Boomgarden    Thomas J. Brunner
    Quinten L. Burg    Lance Carson
    Justin R. Cronin    R. Blake Curd
    Joni M. Cutler    Thomas J. Deadrick
    H. Paul Dennert    Brian Dreyer
    Elaine M. Elliott    Richard Engels
    Bob Faehn    Mitch Fargen
    Dennis Feickert    Marc S. Feinstein
    Jason Frerichs    Peggy Gibson
    Brian G. Gosch    Brock L. Greenfield
    Noel Hamiel    Charles B. Hoffman
    Bernie Hunhoff    Roger W. Hunt
    Ed Iron Cloud III    Phil Jensen
    Kent Juhnke    Kevin Killer
    Mark Kirkeby    Patrick A. Kirschman
    Don Kopp    Shantel Krebs
    Gerald Lange    Dan Lederman
    Larry Lucas    David Lust
    Ed McLaughlin    Nick G. Moser
    Kristi Noem    David Novstrup
    Eldon E. Nygaard    Betty Olson
    Ryan P. Olson    Deb Peters
    Carol A. Pitts    J.E. "Jim" Putnam
    Val Rausch    Tim Rave
    Fred W. Romkema    Tim Rounds
    Lance S. Russell    Todd Schlekeway
    Dean Schrempp    Jacqueline Sly
    Darrell D. Solberg    Roger D. Solum
    Oran A. Sorenson    Manny Steele
    Steve Street    Bill Thompson
    Larry Tidemann    Charles M. Turbiville
    Bill Van Gerpen    Martha Vanderlinde



    Kim L. Vanneman    Mike Verchio
    Dean Wink    Susan Wismer

    Which was 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

    When the roll was called, all members were present except Rep. Dreyer who was excused.

MOTIONS AND RESOLUTIONS

    Rep. Faehn moved that the House proceed with the election of officers of the House of Representatives.

    Which motion prevailed.

    The presiding officer announced that nominations for Speaker of the House of Representatives were now in order.

    Rep. Faehn nominated Rep. Rave as Speaker of the House of Representatives.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0


     Yeas:
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 III; 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; Rave; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

     Excused:
Dreyer

     Rep. Rave having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker of the House of Representatives.

    Reps. Faehn, Bernie Hunhoff, Rausch, Noem and Lucas were appointed to escort Rep. Rave to the rostrum.

    The oath of office was administered to Rep. Rave, Speaker of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    Chris Nelson, Secretary of State, turned the gavel over to Speaker Rave.

    Speaker Rave now presiding.

    The Speaker announced that nominations for Speaker Pro tempore of the House of Representatives were now in order.

    Rep. Noem nominated Rep. Rausch as Speaker Pro tempore.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0


     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; 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

     Rep. Rausch having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker Pro tempore of the House of Representatives.

    Reps. Noem, Dennert, Lust, Boomgarden, and Gosch were appointed to escort Rep. Rausch to the rostrum.

    The oath of office was administered to Rep. Rausch, Speaker Pro tempore of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    The Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.

    Rep. Faehn nominated Ms. Karen Gerdes as Chief Clerk of the House of Representatives.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); 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

     Excused:
Peters

    Ms. Gerdes having received an affirmative vote of a majority of the members-elect, was declared duly elected.



    The oath of office was administered to Ms. Gerdes by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    Speaker Rave announced the appointment of the following employees of the House of Representatives for the Eighty-fourth Legislative Session:

    First Assistant to the Chief Clerk -- Arlene Kvislen

    Second Assistant to the Chief Clerk -- Carolyn Perry

    Third Assistant to the Chief Clerk -- Karen Stein

    Chief Chaplain -- Daniel Varns

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- James Smith, Milo Smith

    Secretary to the Speaker -- Diane Mellan

    Secretary to the Majority Leader -- Eileen Eller

    Secretary to the Minority Leader -- Katrina Jarding

            Committee Secretaries -- Jeanette Black, Linda Daugaard, Lois Henry

    Pages (1st Term) -- Miranda Bitz, Caitlin Brozik, Larissa Buchholz, Jennifer Eimers, Cortlyn Hagman, Hunter Kunerth, Hannah Lily, Matthew Mettler, Desiree Schaefers, Brittany Scheier, Lyndze Thompson

    Pages (2nd Term) -- Carmen Allcock, Caleb Anderson, Scott Athey, Dawn Beck, Brittni Butler, Breanna Dirksen, Hanna Distel, Gail Gabriel, Ian Hafner, Whitney Jencks, Jennifer Knock, Lexy Weber

    Pages (3rd Term) -- Eric Brunner, Tracy Gebhart, Emma Heggen, Matthew Huber, Darcy Leischner, Tessa Lueth, Gina Mairose, Elizabeth Nehlich, Zachary Rogen, Anna Safronova, Ashley Schilling, Abby Settje, Deitrich Thompson, Jacob Tiede, Angela Weeldreyer

    Pages (4th Term) -- Brooke Anderson, Aaron Deutsch, Jessica Hall, Erin Jensen, Thad Kaltsulas, Laurel McHenry, Marissa Nelson, Chelsi Paulson, Austin Perry, Jarrod Roth, Owen Shay, Candace Shippy


    Legislative Interns -- Jeremy Ackerman, John Currier, Alex Gosch, Christopher Healy, Micheal Jacobson, Christian Jensen, Andrew Johnson, Dohui Kim, Alex Mason, Sarah Questad, Kayla Schneider, Jared Slykhuis, Merisa Weigel.

    The oath of office was administered by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota, to the following named employees:

    First Assistant to the Chief Clerk -- Arlene Kvislen

    Second Assistant to the Chief Clerk -- Carolyn Perry

    Third Assistant to the Chief Clerk -- Karen Stein

    Chief Chaplain -- Daniel Varns

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- James Smith, Milo Smith

    Secretary to the Speaker -- Diane Mellan

    Secretary to the Majority Leader -- Eileen Eller

    Secretary to the Minority Leader -- Katrina Jarding

            Committee Secretaries -- Jeanette Black, Linda Daugaard, Lois Henry

    Pages (1st Term) -- Miranda Bitz, Caitlin Brozik, Larissa Buchholz, Jennifer Eimers, Cortlyn Hagman, Hunter Kunerth, Hannah Lily, Matthew Mettler, Desiree Schaefers, Brittany Scheier, Lyndze Thompson

    Legislative Interns -- Jeremy Ackerman, John Currier, Alex Gosch, Christopher Healy, Micheal Jacobson, Christian Jensen, Andrew Johnson, Dohui Kim, Alex Mason, Sarah Questad, Kayla Schneider, Jared Slykhuis, Merisa Weigel.

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

    Rep. Faehn moved that the permanent House rules and the permanent joint rules of the Eighty-third Legislative Session be adopted as the temporary House rules and the temporary joint rules for the Eighty-fourth Legislative Session.

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

     And the roll being called:


     Yeas 68, Nays 0, Excused 2, Absent 0

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

     Excused:
Peters; Vanderlinde

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

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for the Joint Session to hear the message of the Governor, the Honorable M. Michael Rounds.

    Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Noem and Dennert.

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Noem, and Dennert.


    Rep. Faehn moved that a committee of four on the part of the House be appointed to meet with a committee of three on the part of the Senate to make arrangements for the Joint Session to hear the message of the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

    Which motion prevailed and the Speaker appointed as such committee Reps. Faehn, Noem, Bernie Hunhoff, and Dennert.

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate relative to the joint rules for the two houses for the Eighty-fourth Legislative Session.


    Which motion prevailed and the Speaker appointed as such committee Reps. Rave, Faehn, and Bernie Hunhoff.

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for legislative days for members, officers, and employees of the House and Senate.

    Which motion prevailed and the Speaker appointed as such committee Reps. Boomgarden, Lust, and Feinstein.

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the House and Senate for the Eighty-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 Speaker appointed as such committee Reps. Rave, Faehn, and Bernie Hunhoff.

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices, with the full power to act.

    Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Steele, and Frerichs.

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of selecting chaplains for the Eighty-fourth Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Hunt, Van Gerpen, and Dennert.

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to arrange for a memorial recognition of deceased former members of the House and Senate.

    Which motion prevailed and the Speaker appointed as such committee Reps. Hunt, Moser, and Dennert.


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

     Which motion prevailed.

    The Speaker announced the appointment of the following standing committees:

House Standing Committees_84th Session
**Denotes Chair
*Denotes Vice-Chair

AGRICULTURE & NATURAL RESOURCES (13)

* *Brunner, *Vanneman, Cronin, Hoffman, Kopp, Olson (Betty), Sly, Van Gerpen, Verchio, Frerichs, Schrempp, Sorenson, Street

APPROPRIATIONS (9)

**Tidemann, *Putnam, Carson, Deadrick, Peters, Wink, Burg, Dennert, Wismer

COMMERCE (13)

**Rounds, *Dreyer, Greenfield, Jensen, Krebs, Novstrup (David), Pitts, Solum, Blake, Fargen, Kirschman, Nygaard, Solberg

EDUCATION (15)

* *McLaughlin, *Van Gerpen, Bolin, Brunner, Hamiel, Hunt, Olson (Ryan), Schlekeway, Sly, Vanneman, Elliott, Fargen, Killer, Sorenson, Thompson

GOVERNMENT OPERATIONS & AUDIT (5)

**Peters, *Juhnke, Turbiville, Burg, Dennert

HEALTH & HUMAN SERVICES (13)

**Pitts, *Rave, Boomgarden, Curd, Dreyer, Jensen, Moser, Romkema, Blake, Iron Cloud III, Lucas, Nygaard, Vanderlinde

JUDICIARY (13)

**Cutler, *Hunt, Gosch, Hamiel, Hoffman, Lust, Moser, Schlekeway, Turbiville, Engels, Feinstein, Gibson, Killer

LEGISLATIVE PROCEDURE (7)

**Rave, *Rausch, Deadrick, Hunt, Putnam, Dennert, Hunhoff (Bernie)

LOCAL GOVERNMENT (13)

**Kirkeby, *Rausch, Bolin, Cronin, Curd, Lederman, Olson (Betty), Romkema, Rounds, Feickert, Frerichs, Solberg, Vanderlinde

RETIREMENT LAWS (5)

**Rounds, *Steele, Hamiel, Feinstein, Kirschman

STATE AFFAIRS (13)

**Faehn, *Noem, Boomgarden, Gosch, Lust, Rausch, Rave, Steele, Turbiville, Engels, Feinstein, Hunhoff (Bernie), Lucas

TAXATION (15)

**Olson (Ryan), *Noem, Cutler, Greenfield, Juhnke, Kirkeby, Lederman, Russell, Solum, Feickert, Gibson, Hunhoff (Bernie), Kirschman, Lange, Thompson

TRANSPORTATION (13)

**Krebs, *Juhnke, Kopp, McLaughlin, Novstrup (David), Russell, Steele, Verchio, Elliott, Iron Cloud III, Lange, Schrempp, Street

     HCR 1001  Introduced by:  Representatives Olson (Ryan), Boomgarden, Krebs, Noem, Putnam, and Rausch and Senators Bradford, Ahlers, Garnos, Peterson, and Vehle at the request of the Interim Committee on South Dakota Highway Needs and Financing

         A CONCURRENT RESOLUTION,  Urging Congress to pass a well-funded, multi-year federal highway program in a timely manner.

     WHEREAS,  a well-funded federal highway program is important to the economy and quality of life in South Dakota and the nation, creating and maintaining jobs, facilitating commerce, transporting agricultural products, and enabling South Dakotans and the nation to travel safely to school, work, hospitals, stores, places of recreation, and other destinations that are important to all of us; and

     WHEREAS,  Congress has not yet enacted legislation providing for a multi-year reauthorization of the federal highway program, hampering the ability of the state to plan and deliver needed highway improvements to the citizens of South Dakota; and

     WHEREAS,  South Dakota has a vast and extensive highway system that serves national as well as state transportation needs;

     WHEREAS,  South Dakota has very few citizens to finance the highway system's maintenance and improvement;

     WHEREAS,  South Dakota citizens have one of the highest per capita levels of effort in funding transportation in the nation;

     WHEREAS,  it is essential that South Dakota's transportation needs be addressed in the reauthorization of the federal highway program to keep the state and the nation connected:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly supports prompt enactment of a well-funded, multi-year federal surface transportation program that includes a highway funding formula share that is at least as favorable to South Dakota as the current formula in SAFETEA-LU; and

     BE IT FURTHER RESOLVED,  that a copy of this resolution be sent to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and to each member of South Dakota's congressional delegation.

     Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

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

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

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

    Which motion prevailed.


Also MR. SPEAKER:

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

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

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

    Which motion prevailed.

Also MR. SPEAKER:

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

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



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

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1001  Introduced by:  Representatives Nygaard, Brunner, Juhnke, Olson (Betty), and Vanneman and Senators Hansen (Tom), Howie, and Maher at the request of the Department of Game, Fish and Parks Agency Review Committee

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to free access to state parks and recreation areas to include certain persons with disabilities.

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

     HB 1002  Introduced by:  Representatives Juhnke, Brunner, Olson (Betty), and Vanneman and Senators Hansen (Tom), Howie, and Maher at the request of the Department of Game, Fish and Parks Agency Review Committee

     FOR AN ACT ENTITLED, An Act to provide for the transfer of certain moneys from the Department of Game, Fish and Parks to the county road and bridge funds.

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

     HB 1003  Introduced by:  Representatives Olson (Betty), Brunner, Juhnke, and Vanneman and Senators Hansen (Tom), Howie, and Maher at the request of the Department of Game, Fish and Parks Agency Review Committee

     FOR AN ACT ENTITLED, An Act to clarify the application of common law trespass and to provide for the recovery of damages against trespassers.

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

     HB 1004  Introduced by:  Representatives Olson (Betty), Brunner, Juhnke, and Vanneman and Senators Howie and Maher at the request of the Department of Game, Fish and Parks Agency Review Committee

     FOR AN ACT ENTITLED, An Act to provide for the killing of mountain lions under certain circumstances and to provide for the disposition of such mountain lions.


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

     HB 1005  Introduced by:  Representatives Olson (Betty), Brunner, Juhnke, and Vanneman and Senators Howie and Maher at the request of the Department of Game, Fish and Parks Agency Review Committee

     FOR AN ACT ENTITLED, An Act to require that certain land acquisitions by the Department of Game, Fish and Parks be conditioned upon subsequent legislative approval.

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

     HB 1006  Introduced by:  Representatives Krebs, Boomgarden, Noem, Putnam, and Rausch and Senators Vehle, Ahlers, Garnos, and Peterson at the request of the Interim Committee on South Dakota Highway Needs and Financing

     FOR AN ACT ENTITLED, An Act to create a Highway Finance Task Force to study long- term highway needs and to reform the method of financing highways in the state.

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

     HB 1007  Introduced by:  Representatives Olson (Ryan), Krebs, Noem, Putnam, and Rausch and Senator Vehle at the request of the Interim Committee on South Dakota Highway Needs and Financing

     FOR AN ACT ENTITLED, An Act to increase certain noncommercial motor vehicle license fees.

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

     HB 1008  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to provide that the uniform administration of certain state taxes apply to the telecommunications gross receipts tax.

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


     HB 1009  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to require certain tax refund claims for construction projects and certain documents and records in support of tax refund claims for construction projects to be filed within certain time periods.

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

     HB 1010  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 imposition of sales and use tax on telecommunications services and ancillary services.

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

     HB 1011  Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to revise restrictions on the assignment and transfer of certain tax refund permits and refund claims.

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

     HB 1012  Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act to include State Brand Board investigators in Class B public safety membership in the South Dakota Retirement System.

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

     HB 1013  Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

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


     HB 1014  Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act to revise certain restrictions on the purchase of certain credited service by members of the South Dakota Retirement System.

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

     HB 1015  Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding inmate appeal of prison disciplinary actions.

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

     HB 1016  Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

     FOR AN ACT ENTITLED, An Act to revise the applicability of the rules of evidence to proceedings before the Board of Pardons and Paroles.

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

     HB 1017  Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the escape from a nonsecure facility.

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

     HB 1018  Introduced by:  The Committee on Commerce at the request of the Office of the Secretary of State

     FOR AN ACT ENTITLED, An Act to require a portion of the annual report filing fee paid by certain entities to be deposited in the financing statement and annual report filing fee fund.

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


     HB 1019  Introduced by:  The Committee on Local Government at the request of the Office of the Secretary of State

     FOR AN ACT ENTITLED, An Act to revise certain provisions and procedures regarding elections.

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

     HB 1020  Introduced by:  The Committee on State Affairs at the request of the Office of the Secretary of State

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

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

     HB 1021  Introduced by:  The Committee on Judiciary at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to provide for a contested case hearing on the denial of a claim for the recovery of an allegedly overpaid tax, penalty, or interest.

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

     HB 1022  Introduced by:  The Committee on Judiciary at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to make certain members of limited liability companies and partners of partnerships personally responsible for certain tax debts.

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

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

     FOR AN ACT ENTITLED, An Act to authorize the secretary of transportation to create limited speed zones through highway work areas under certain conditions.

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


     HB 1024  Introduced by:  The Committee on Transportation at the request of the Department of Transportation

     FOR AN ACT ENTITLED, An Act to authorize the Department of Transportation to regulate the operation of off-road vehicles in certain state highway ditches.

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

     HB 1025  Introduced by:  The Committee on Appropriations at the request of the Department of Military and Veterans Affairs

     FOR AN ACT ENTITLED, An Act to revise the basic salary schedule for county veteran's service officers.

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

     HB 1026  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 permitting cities and counties to issue full-service restaurant on-sale alcohol licenses.

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

     HB 1027  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to provide for certain employer insurance assistance programs.

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

     HB 1028  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 regulation of real estate appraisers and the conditions upon which a penalty may be imposed on a real estate appraiser.

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


     HB 1029  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to modify the requirements for a filing of a consent to rate for property casualty insurance.

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

     HB 1030  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 requirements for the filing of annual actuarial certifications.

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

     HB 1031  Introduced by:  The Committee on Appropriations at the request of the Department of Military and Veterans Affairs

     FOR AN ACT ENTITLED, An Act to increase the maximum allowable expense for erecting certain veteran's grave markers and headstones.

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

     HB 1032  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 revise the definition of an accredited prevention or treatment facility for the purposes of the prevention and treatment of alcohol and drug abuse.

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

     HB 1033  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 make an appropriation for the construction of an addition to the admissions area of the George S. Mickelson Center for the Neurosciences at the Human Services Center.

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


     HB 1034  Introduced by:  The Committee on State Affairs at the request of the Office of the State Auditor

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to earnings subject to garnishment.

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

     HB 1035  Introduced by:  The Committee on Judiciary at the request of the Office of the Secretary of State

     FOR AN ACT ENTITLED, An Act to require the Secretary of State to redact certain numbers before furnishing copies of information.

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

     HB 1036  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 the uniform commercial code.

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

     HB 1037  Introduced by:  The Committee on Appropriations at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to increase the fees for mailing motor vehicle license plates and decals and to impose a fee for the reassignment of a license plate.

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

     HB 1038  Introduced by:  The Committee on Appropriations at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to increase the license fees for coin-operated washers and dryers, to increase the brand registration fees on certain alcoholic beverages, to increase the fees for certain malt beverage and wine licenses, and to revise the distribution of certain malt beverage and wine license fees.

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


     HB 1039  Introduced by:  The Committee on Appropriations at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to repeal the discount on the sale of cigarette stamps to distributors.

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

     HB 1040  Introduced by:  The Committee on Appropriations at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act to revise certain license, registration, and inspection fees related to food service establishments, lodging establishments, and campgrounds.

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

     HB 1041  Introduced by:  The Committee on Health and Human Services at the request of the Board of Medical and Osteopathic Examiners

     FOR AN ACT ENTITLED, An Act to provide physicians with a limited permit to practice medicine within a residency program and to revise certain provisions regarding the Board of Examiners authority to administer resident certificates and resident training permits.

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

     HB 1042  Introduced by:  The Committee on Health and Human Services at the request of the Board of Medical and Osteopathic Examiners

     FOR AN ACT ENTITLED, An Act to permit an extension to the required examination time period allowed for certain medical licensing examinations.

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

     HB 1043  Introduced by:  The Committee on Appropriations at the request of the Department of Health

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

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


     HB 1044  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to define a multidistrict, career and technical academy and to provide provisions for the establishment of such an academy.

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

     HB 1045  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to repeal the provisions for the South Dakota Academic Achievement Test Advisory Council.

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

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

     FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the Richard Hagen-Minerva Harvey memorial scholarship award.

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

     HB 1047  Introduced by:  The Committee on Commerce at the request of the Department of Tourism and State Development

     FOR AN ACT ENTITLED, An Act to increase the membership of the board of directors of the Economic Development Finance Authority.

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

     HB 1048  Introduced by:  The Committee on Appropriations at the request of the Department of Environment and Natural Resources

     FOR AN ACT ENTITLED, An Act to increase the transfer from the water and environment fund, the solid waste management fee, mining license and permit fees, water right filing and permit application fees, and well driller and pump installer license fees, all of which are deposited in the environment and natural resources fee fund.

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


     HB 1049  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 captive insurance companies.

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

     HB 1050  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 annual financial reporting requirements of insurance companies.

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

     HB 1051  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

     FOR AN ACT ENTITLED, An Act to make the sale or purchase of lawfully preserved and mounted fish an exception to the prohibition against the sale or purchase of fish taken from the waters of the state.

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

     HB 1052  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

     FOR AN ACT ENTITLED, An Act to define trophy and non-trophy antelope, mule deer, white-tailed deer, and elk, and establish a civil penalty for the unlawful taking of trophy animals.

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

     HB 1053  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

     FOR AN ACT ENTITLED, An Act to repeal the prohibition against the resale of certain seized or abandoned property purchased from the secretary of game, fish and parks.

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



     HB 1054  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

     FOR AN ACT ENTITLED, An Act to authorize certain youth licensees who possess a disabled hunting permit to hunt big game animals using a designated hunter.

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

     HB 1055  Introduced by:  The Committee on State Affairs at the request of the Department of Game, Fish and Parks

     FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell certain real property located at the Cleghorn Fish Hatchery to the City of Rapid City.

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

     HB 1056  Introduced by:  The Committee on Commerce at the request of the Department of Labor

     FOR AN ACT ENTITLED, An Act to authorize education programs required by the State Cosmetology Commission to be taught at branch schools.

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

     HB 1057  Introduced by:  The Committee on Commerce at the request of the Department of Labor

     FOR AN ACT ENTITLED, An Act to revise the maximum reimbursement for workers' compensation burial expenses.

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

     HB 1058  Introduced by:  The Committee on Commerce at the request of the Department of Labor

     FOR AN ACT ENTITLED, An Act to revise certain practice privileges for certified public accountants licensed in other states.

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


     HB 1059  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to define and prohibit controlled business in insurance.

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

     HB 1060  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 mortgage lender business and to provide for fees and penalties related thereto.

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

     HB 1061  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board

     FOR AN ACT ENTITLED, An Act to revise certain brand inspection provisions regarding a shipper's permit.

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

     HB 1062  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board

     FOR AN ACT ENTITLED, An Act to increase the reward for certain information regarding livestock thefts.

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

     HB 1063  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board

     FOR AN ACT ENTITLED, An Act to revise certain brand registration provisions concerning out-of-state brands on cattle sold in the livestock inspection area.

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


     HB 1064  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board

     FOR AN ACT ENTITLED, An Act to revise certain brand inspection provisions regarding authorized bills of sale.

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

     HB 1065  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board

     FOR AN ACT ENTITLED, An Act to provide for voluntary ownership inspections of horses and mules and to authorize a fee for those inspections.

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

     HB 1066  Introduced by:  The Committee on Judiciary at the request of the Office of the State Auditor

     FOR AN ACT ENTITLED, An Act to revise certain responsibilities of the Supreme Court regarding the Commission on Judicial Qualifications.

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

     HB 1067  Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding state aid payments for increasing and decreasing enrollment.

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

     HB 1068  Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act to set certain property tax levies.

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


     HB 1069  Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act to increase certain fees charged by the Office of the Secretary of State.

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

     HB 1070  Introduced by:  The Committee on Appropriations at the request of the Department of Agriculture

     FOR AN ACT ENTITLED, An Act to revise certain fees pertaining to seed permits and nursery certificates of inspection.

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

     HB 1071  Introduced by:  The Committee on Appropriations at the request of the Department of Agriculture

     FOR AN ACT ENTITLED, An Act to revise certain fees, licenses, and other requirements for milk plants and dairy farms.

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

     HB 1072  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 exemptions from the sales tax and the use tax and to repeal certain provisions concerning the delayed remittance of sales and use taxes for certain businesses.

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

     HB 1073  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 and to revise certain sales and use tax exemptions.

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



     HB 1074  Introduced by:  The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act to increase certain expenditure authority previously granted to the Board of Regents, to designate circumstances in which such authority may be used, to appropriate funds therefor, and to declare an emergency.

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

     HB 1075  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 match the maintenance and repair funds generated by student tuition and fee payments deposited in the higher education facilities fund.

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

     HB 1076  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 replace certain real estate held for agriculture field laboratory research purposes, to make improvements to the replacement lands, and to make an appropriation for such purposes.

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

     HB 1077  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 improve South Dakota's research capacity and to promote and coordinate educator and student engagement in the educational and research opportunities at the Sanford Underground Science and Engineering Laboratory.

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

     HB 1078  Introduced by:  The Committee on State Affairs at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act to prohibit acts of terrorism against persons engaged in a state university activity involving live animals.

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



     HB 1079  Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sex offender registry.

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

     HB 1080  Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to internet and mail order sales of cigarettes and tobacco products.

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

     HB 1081  Introduced by:  The Committee on Appropriations at the request of the Office of the Attorney General

     FOR AN ACT ENTITLED, An Act to make an appropriation to defray operation costs of the 24/7 sobriety program.

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

     HB 1082  Introduced by:  Representatives Hunt, Lust, and Thompson and Senators Hunhoff (Jean) and Hundstad at the request of the Interim Committee on Rules Review

     FOR AN ACT ENTITLED, An Act to revise the procedure to adopt rules.

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Knudson, and Heidepriem as a committee of three on the part of the Senate 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.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Knudson, and Heidepriem as a committee of three on the part of the Senate 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 communication he may desire to make.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Knudson, and Heidepriem as a committee of three on the part of the Senate 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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Knudson, and Heidepriem as a committee of three on the part of the Senate 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 House for the Eighty-fourth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Knudson, and Heidepriem as a committee of three on the part of the Senate 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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Dempster, Garnos, and Gary Hanson as a committee of three on the part of the Senate 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 two houses and the state offices, with the full power to act.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Tom Hansen, Rhoden, and Bartling as a committee of three on the part of the Senate to meet with a like committee on the part of the House to select chaplains for the Eighty-fourth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Tom Hansen, Fryslie, and Jerstad as a committee of three on the part of the Senate to meet with a like committee on the part of the House to make arrangements for a memorial recognition of deceased former members of the House and Senate.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Knudson, and Heidepriem as a committee of three on the part of the Senate to meet with a committee of four on the part of the House for the purpose of inviting the Chief Justice of the Supreme Court to address a Joint Session on the state of the Judiciary and to make arrangements therefor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session of the two Houses to receive the message of the Governor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted 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 to receive any communications he may desire to make.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to inviting the Chief Justice of the Supreme Court to address a Joint Session on the State of the Judiciary and to make arrangements therefor.

Respectfully,
Trudy Evenstad, Secretary


     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:00 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, 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:

    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.