JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 15, 2009

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Rev. Norm Shomper, followed by the Pledge of Allegiance led by Senate page Caitlin Forman.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS

December 3, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Thomas Oster, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Education.

    This appointment was effective November 17, 2008.

Sincerely,
M. Michael Rounds
Governor

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

January 13, 2009

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed Timothy A. Reisch, Miner County, Howard, South Dakota, as the Assistant Adjutant General, Army.

    This appointment is effective May 1, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.



January 17, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Marilyn Grossenburg, Winner, Tripp County, South Dakota, to the Commission on Human Rights.

    This appointment is effective January 17, 2008, and shall continue until June 30, 2011.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Health and Human Services.

April 4, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Judy Greff, Beadle County, Huron, South Dakota, to the Career Service Commission.

    This reappointment is effective April 23, 2008, and shall continue until April 22, 2012.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.



February 5, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Patricia Simmons, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.

    This reappointment is effective immediately, and shall continue until December 31, 2011.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.

March 27, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Terry Sabers, Mitchell, Davison County, South Dakota, to the South Dakota Board of Education.

    This appointment is effective March 27, 2008, and shall continue until December 31, 2011.

Sincerely,
M. Michael Rounds
Governor

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


April 7, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Mike Authier, Lyman County, Vivian, South Dakota, to the Game, Fish and Parks Commission.

    This reappointment is effective immediately, and shall continue until January 10, 2012.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.

April 9, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed James E. McMahon, Canton, Lincoln County, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective May 5, 2008, and shall continue until January 10, 2012.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.


January 8, 2009

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Timothy Kessler, Brown County, Aberdeen, South Dakota, to the Game, Fish and Parks Commission.

    This reappointment is effective immediately, and shall continue until January 10, 2013.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.

July 23, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Curt Jones, Marshall County, Britton, South Dakota, to the Housing Development Authority.

    This reappointment is effective immediately, and shall continue until June 30, 2013.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.


July 23, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Bruce Rampelberg, Rapid City, Pennington County, South Dakota, to the Housing Development Authority.

    This appointment is effective August 1, 2008, and shall continue until June 30, 2013.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

October 23, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Gerry Schlenker, Sioux Falls, Minnehaha County, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    This appointment is effective October 22, 2008, and shall continue until June 30, 2011.

Sincerely,
M. Michael Rounds
Governor

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


November 18, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed James P. Smith, Pierre, Hughes County, South Dakota, to the Board of Pardons and Paroles.

    This appointment is effective November 18, 2008, and shall continue until January 16, 2012.

Sincerely,
M. Michael Rounds
Governor

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

June 26, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Melanie J. Satchell, Rapid City, Pennington County, South Dakota, to the State Board of Regents.

    This appointment is effective July 1, 2008, and shall continue until June 30, 2010.

Sincerely,
M. Michael Rounds
Governor

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


January 15, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dennis Yeaton, Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority.

    This reappointment is effective January 21, 2008, and shall continue until January 16, 2012.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Transportation.

January 15, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Jerry Prostrollo, Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.

    This reappointment is effective January 21, 2008, and shall continue until January 16, 2012.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Transportation.


July 30, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Teresa Marts, Winner, Tripp County, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This appointment is effective July 30, 2008, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

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

July 16, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Judith Hines, Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This reappointment is effective immediately, and shall continue until June 30, 2011.

Sincerely,
M. Michael Rounds
Governor

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



April 10, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Graham Fleming, Berkeley, California, to the South Dakota Science and Technology Authority.

    This appointment is effective April 9, 2008, and shall continue until April 9, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

August 11, 2008

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Dana Dykhouse, Sioux Falls, Minnehaha County, South Dakota, to the South Dakota Science and Technology Authority.

    This appointment is effective August 8, 2008, and shall continue until August 8, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.



REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed 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 respectfully reports that:

    The Legislature order 225 copies of the Senate and House bills and resolutions (each); and 210 copies of the Senate and House daily journals (each) for the Eighty-fourth Legislative Session.

    The free distribution of sets of bills, resolutions, and daily journals shall be as follows:

    Eight copies for the Governor's Office, thirteen copies for the Supreme Court, thirty-two copies for the Legislative Research Council, thirteen copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative Web site.

    State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

    Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Documents Room at a charge of $55 per set of bills and $70 per set of journals plus mailing charges, if applicable.

    One copy of the official directory (red book) shall be distributed to each Senator and Representative, thirteen copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy for a fee of $6 payable to the Legislative Documents Room.

    One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Lieutenant Governor, the Attorney General and the Supreme Court; thirteen free copies to the State Library Depository; and one free copy to Senators and Representatives. Upon written request to the Legislative Documents Room before January 31, 2008, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $25 per copy.

    The Chief Mailing Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills for $55 per set and a set of journals for $70 per set for the Eighty-fourth Legislative Session, plus mailing charges, if applicable.

    Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

    Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $35 registration fee to the Secretary of State; and upon payment of an additional $55 per set of bills and $70 per set of journals plus mailing charges, if applicable, to the Legislative Documents Room, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

    Bill status reports will be printed and sold to state agencies at cost and to registered lobbyists for $200 payable to the Legislative Documents Room which receipted funds shall be used to pay the printing costs. If bill status is mailed, the cost is $125 for first-class postage.

    A free daily copy of the bill status report shall be distributed as follows:

    Governor; Speaker of the House; Speaker Pro tempore of the House; House Majority Leader; House Minority Leader; House Lobby; Chief Clerk of the House; Lieutenant Governor; President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate; Page Advisor; Attorney General; Bureau of Finance and Management; Secretary of State; Treasurer's Office; Auditor's Office; Office of School and Public Lands; and Legislative Research Council.

    The Chief Mailing Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Brian Gosch    Thomas Dempster
Manny Steele    Cooper Garnos
Jason Frerichs    Gary Hanson
House Committee    Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House of Representatives and Senate respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on January 22, 2009, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.


    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Joint Session will be dissolved.

    The Memorial Resolution shall be printed in the House and Senate Journals.

Respectfully submitted,     Respectfully submitted,
Roger Hunt        Tom Hansen
Nick Moser    Art Fryslie
H. Paul Dennert    Sandra Jerstad
House Committee    Senate Committee

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk    

MOTIONS AND RESOLUTIONS

     HCR 1001: A CONCURRENT RESOLUTION, Urging Congress to pass a well-funded, multi-year federal highway program in a timely manner.

     Was read the first time, the President waived the referral to committee, and placed HCR 1001 on the calendar of Friday, January 16, the 4th legislative day.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:00 Noon on Friday, January 16, the 4th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF SELECT COMMITTEES

    Sen. Knudson moved that the report of the Senate Select Committee relative to Senate Rules as found on page 33 of the Senate Journal be adopted.

    The question being on Sen. Knudson's motion that the report of the Senate Select Committee relative to Senate Rules be adopted.



     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Bradford; Kloucek

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

    Sen. Knudson moved that the report of the Joint-Select Committee relative to fixing compensation for the Eighty-fourth Legislative Session as found on page 34 of the Senate Journal be adopted.

    The question being on Sen. Knudson's motion that the report of the Joint-Select Committee relative to fixing compensation for the Eighty-fourth Legislative Session be adopted.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; 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

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


    Sen. Knudson moved that the report of the Joint-Select Committee relative to securing chaplains for the Eighty-fourth Legislative Session as found on page 35 of the Senate Journal be adopted.

    Which motion prevailed.

    Sen. Knudson moved that the report of the Joint-Select Committee relative to making arrangements for legislative days for the Eighty-fourth legislative session as found on page 36 of the Senate Journal be adopted.



    Which motion prevailed.


    Sen. Knudson moved that the report of the Joint-Select Committee relative to the Joint House and Senate rules for the Eighty-fourth Legislative Session as found on page 35 of the Senate Journal be adopted.

    The question being on Sen. Knudson's motion that the report of the Joint-Select Committee relative to the Joint House and Senate rules for the Eighty-fourth legislative session be adopted.

    And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; 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

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

COMMEMORATIONS

     SC 2  Introduced by:  Senators Kloucek, Adelstein, Ahlers, Bartling, Bradford, Fryslie, Gant, Gray, Hanson (Gary), Heidepriem, Howie, Hunhoff (Jean), Knudson, Maher, Merchant, Miles, Nelson, Novstrup (Al), Peterson, Tieszen, and Turbak Berry and Representatives Putnam, Blake, Boomgarden, Brunner, Cronin, Frerichs, Hunhoff (Bernie), Jensen, Juhnke, Kopp, Lange, Lederman, Lucas, Moser, Rave, Romkema, Rounds, Sly, Sorenson, Steele, Van Gerpen, and Verchio

         A LEGISLATIVE COMMEMORATION,  Honoring the memory and the life of Fred Koupal.

     WHEREAS,  Fred was a loving husband, father, and grandfather to his wife Thelma; children Sandy (Mike) Slama, Tabor; son Keith (Tammy) Koupal, Kearney, Nebraska; and six grandchildren, Ashley, Mallory, Laura, Joey, Dante, and Medora; and

     WHEREAS,  Fred Koupal was an expert welder and machinist. He owned and operated the Ole Bull Shed Welding Shop & Feed Store from 1983 to 2004 in Tyndall. Fred also loved his extensive collection of Model A cars; and

     WHEREAS,  Fred had great pride in his Czech heritage and significantly contributed to regional Czech culture. He was an active member of the Czech Heritage Preservation Society in Tabor. Fred led the music for seventeen years at the Tabor Czech Days in Pierre Celebration during each legislative session and was an active promoter of Tabor Czech Days; and

     WHEREAS,  Mr. Koupal was a prolific musician and entertainer, bandleader for "Freddie's Combo," member of the Tyndall Accordion Club, and a proud "senior" member of the Bon Homme High School Bohemian Band:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Fred Koupal be remembered for his unselfish contributions to the State of South Dakota and for the positive example his life set for all of us.

     Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at 2:41 p.m. the Senate adjourned.

Trudy Evenstad, Secretary