JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 8, 2008

    BE IT REMEMBERED, That on the eighth day of January, A.D., two thousand eight, 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-third 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, Father Brian Christensen, St. John the Evangelist Catholic Church, Ft. Pierre:

    Let us pray.

    From Sirach Chapter 10: "A wise magistrate lends stability to his people, and the government of a prudent man is well ordered. As the people's judge, so are his ministers; as the head of a city, its inhabitants. A wanton king destroys his people, but a city grows through the wisdom of its princes. Sovereignty over the earth is in the hand of God, who raises up on it the man of the hour; who imparts his majesty to the ruler" (Sirach 10:1-5).

    Heavenly Father, we ask Your blessing upon these men and women, that they may be the men and women of this hour to lead and govern the citizens of South Dakota with wisdom, prudence, justice, and love. May they seek the common good and the defense and protection of all human life: for the unborn, the poor, the hungry, the homeless, the immigrant, and the aged. Let Your grace guide them in their deliberations so that they may govern in accordance with Your holy will. We ask this in Your holy name, You who live and reign forever and ever.
Amen.    

    The Pledge of Allegiance to the flag of the United States was led by Senate page Kathleen Seim.


    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 7, 2006, are hereby certified as members of the Senate of the 2007-2008 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
            Alan C. Hoerth, Aberdeen

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

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

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

District No.  7  Brookings County
            Orville B. Smidt, Brookings

District No.  8  Lake, Miner, Moody, and Sanborn Counties
            Dan Sutton, Flandreau

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
            Gil Koetzle, Sioux Falls

District No. 16  Lincoln and Union Counties
            Kenneth D. Albers, Canton

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
            Ed Olson, 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
             Jay L. Duenwald, Hoven

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

District No. 25  Hanson, McCook, and Minnehaha Counties
            Arlen "Arnie" Hauge, Canistota

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

District No. 27  Bennett, Haakon, Jackson, and Shannon Counties
            Theresa "Huck" Two Bulls, Pine Ridge

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

District No. 29  Butte and Meade Counties
            Kenneth McNenny, Sturgis

District No. 30  Custer, Fall River, and Pennington Counties
            Jim Lintz, Hermosa


District No. 31  Lawrence County
            Jerry Apa, Lead

District No. 32  Pennington County
            Tom Katus, Rapid City

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

District No. 34  Pennington County
            Royal "Mac" McCracken, Rapid City

District No. 35  Pennington County
            William "Bill" Napoli, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 7th day of January, 2008.

    (SEAL)                                        Chris Nelson

Secretary of State

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

COMMUNICATIONS AND PETITIONS

August 23, 2007

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

Re: Appointment of Brian K. Zeeb

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 reappointed Brian Zeeb to the South Dakota Council for Interstate Adult Offender Supervision. I have enclosed the Statement of Financial Interest and Executive Appointment.

This reappointment is effective immediately and expires August 23, 2010.

Very truly yours,
Larry Long
Attorney General


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

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-third Legislative Session.

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

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Greenfield

     Excused:
Abdallah; Olson (Ed); Two Bulls

    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 Richard W. Sabers, 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-third Legislative Session.


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

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Abdallah; Olson (Ed); Two Bulls

     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 Richard W. Sabers, 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.

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

    First Assistant to the Secretary -- Kay Agena

    Second Assistant to the Secretary -- Joan Johnson

    Third Assistant to the Secretary -- Carolyn Riter

    Secretary to the President Pro Tempore -- Nancy Bloom

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader _ Ann Eichinger

    Appropriations Secretary -- Barbara Bjorneberg

            Committee Secretaries -- Cheri Hauschild, Sharon Smith

    Sergeant-at-Arms -- Dave Bonde

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



                    Pages (1st term) -- Michelle Brown Otter, Holly Coldman, Aaron Schindler, Kathleen Seim, Ashley Wiedmer, Samantha Wieseler, Jacklyn Willard

                            Pages (2nd term) -- Mitchell Aman, Andrea Beierlein, Alex Beres, Shantel Gassman, Kyle Kepplinger, Kayla Lapka, Annie Maciejewski, Alexis Perry, Karla Rokusek, Heather Weber

                    Pages (3rd term) -- Samantha Gerbracht, Michelle Kitterman, Rebecca Linneweber, Brooke Reiner, Angela Schram, Kasey Till, Ariel Watt, Cassandra Watt, Jeremy Wolbrink

                    Pages (4th term) -- Jennifer Adams, Bridget Ames, Lisa Anderson, Trent Edwards, Emily Helms, Andrea Hollatz, Tyler Jerke, Rachel Olsen, Candace Rohrbach

                    Legislative Interns -- Donnell Anderson, James Berreth, Bailee Buer, Joshua Chilson, Seamus Culhane, Jess Hockley, Abigail Howell, Robin Ryno, Michael Wurtz

    Legislative Aide -- Kristin Mallory

    The oath of office was administered by the Honorable Richard W. Sabers, 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 -- Joan Johnson

    Third Assistant to the Secretary -- Carolyn Riter

    Secretary to the President Pro Tempore -- Nancy Bloom

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader _ Ann Eichinger

    Appropriations Secretary -- Barbara Bjorneberg

            Committee Secretaries -- Cheri Hauschild, Sharon Smith

    Sergeant-at-Arms -- Dave Bonde

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

                    Pages (1st term) -- Michelle Brown Otter, Holly Coldman, Aaron Schindler, Kathleen Seim, Ashley Wiedmer, Samantha Wieseler, Jacklyn Willard

                            Legislative Interns -- Donnell Anderson, James Berreth, Bailee Buer, Joshua Chilson, Seamus Culhane, Jess Hockley, Abigail Howell, Robin Ryno, Michael Wurtz


    Legislative Aide -- Kristin Mallory

    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-second Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Eighty-third Legislative Session.

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

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Abdallah; Olson (Ed); Two Bulls

     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 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 the 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 that 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-third 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-third 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 fix the compensation of the elective and appointive officers and employees of the House and Senate for the Eighty-third 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 two houses and the state offices, with the full power to act.

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

    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-third Legislative Session.

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

    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 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. McNenny, McCracken, and Peterson (Jim).

    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 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.

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

    Sen. Knudson moved that a Senate Select committee of three be appointed to meet relative to reviewing the Senate Rules for the Eighty-third Legislative Session.

    Which motion prevailed and the President appointed 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)
**Duenwald, *Hansen (Tom), Garnos, Lintz, McNenny, Hanson (Gary), Kloucek, Peterson (Jim), Sutton
     Appropriations (9)
**Apa, *Hunhoff, Gray, Greenfield, Smidt, Bartling, Hoerth, Hundstad, Maher
    Commerce (7)
**McCracken, *Gant, Abdallah, Dempster, Katus, Koetzle, Turbak Berry
     Education (7)
**Olson (Ed), *Knudson, Gray, McNenny, Jerstad, Nesselhuf, Peterson (Jim)
     Government Operations and Audit (5)
**Gant, *Hunhoff, Apa, Heidepriem, Sutton
     Health and Human Services (7)
**Hansen (Tom), *Dempster, Gant, Olson (Ed), Jerstad, Katus, Two Bulls
     Judiciary (7)
**Abdallah, *Knudson, Albers, Schmidt, Heidepriem, Koetzle, Turbak Berry
     Legislative Procedure (7)
**Gray, *Lintz, Knudson, Olson (Ed), Hanson (Gary), Heidepriem, Nesselhuf


     Local Government (7)
**Albers, *Gant, Hauge, Schmidt, Katus, Kloucek, Two Bulls
     Retirement Laws (5)
**Smidt, *Albers, Apa, Jerstad, Koetzle

     State Affairs (9)
**Dempster, *Gray, Abdallah, Knudson, McCracken, Olson (Ed), Hanson (Gary), Heidepriem, Nesselhuf
     Taxation (9)
**McNenny, *Lintz, Duenwald, Hansen (Tom), Napoli, Jerstad, Koetzle, Peterson (Jim), Turbak Berry
     Transportation (7)
**Garnos, *Napoli, Hauge, McCracken, Hanson (Gary), Kloucek, Sutton

     SCR 1  Introduced by:  Senators Two Bulls, Bartling, Dempster, Garnos, and Katus and Representatives Juhnke, Bradford, DeVries, Van Norman, and Weems at the request of the Committee on State-Tribal Relations

         A CONCURRENT RESOLUTION,  Supporting the use of video cameras in state and local law enforcement vehicles.

     WHEREAS,  the use of video camera equipment in law enforcement vehicles has increased significantly in recent years. State police and highway patrol vehicles around the nation have used federal funding for the installation of video cameras in law enforcement vehicles. By 2003, forty-seven states had received more than $21 million in federal funding for the purchase of in-car cameras, and currently, 72 percent of state police and highway patrol vehicles used for patrol are equipped with video systems; and

     WHEREAS,  in-car camera recordings provide an unbiased account of events that allow citizens and others to view what actually occurred during encounters between law enforcement personnel and the public. Agencies and others report that such evidence has been invaluable and that the benefits of the in-car video camera far exceeded the original goals; and

     WHEREAS,  the single greatest value of the in-car camera is the positive impact that it has on officer safety. Recordings give officers the opportunity to review their videotapes as a means to self-critique their actions and review their approach to each situation and to any officer safety issues they discover; and

     WHEREAS,  in-car video and audio recordings improve professionalism and training. Officers tend to perform to the best of their ability when they know they are being recorded. Cameras allow officers to more accurately reconstruct situations and obtain exact statements for evidence. The ability to review the recording improves the chances of apprehending offenders in situations where offices have been injured; and

     WHEREAS,  in-car cameras improve the officers' ability to respond to complaints regarding professionalism and courtesy. Most officers have reported that the camera ultimately cleared them of accusations of wrongdoing; very few reported that the camera sustained a complaint filed against them; and

     WHEREAS,  in the context of contacts between law enforcement personnel and Native American citizens, the presence of video recording equipment would serve to benefit all groups by showing what actually transpired on those occasions. While video cameras cannot resolve allegations or instances of racial profiling in all cases, this equipment can clarify what took place in a great many instances and would make a positive contribution; and

     WHEREAS,  the South Dakota Highway Patrol already uses in-car video cameras and continues to update equipment and capabilities in this area. The Highway Patrol in the past has donated surplus video equipment to local law enforcement agencies for installation in their vehicles; and

     WHEREAS,  local law enforcement jurisdictions could benefit by the increased use of in-car video recording equipment:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports and encourages the installation of video and audio recording equipment in law enforcement patrol vehicles at all levels, including state, municipal, and county vehicles. The Legislature urges law enforcement agencies and state and local governments to seek funding from all potential federal, state, and local sources, to consider the use of surplus equipment if appropriate, and to make full use of this important technology.

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

     SCR 2  Introduced by:  Senators Two Bulls, Bartling, Dempster, Garnos, and Katus and Representatives Juhnke, Bradford, DeVries, Van Norman, and Weems at the request of the Committee on State-Tribal Relations

         A CONCURRENT RESOLUTION,  Urging Congress to provide additional funding for tribal historic preservation offices.

     WHEREAS,  tribal historic preservation offices were established through federal legislation in 1996 and funded through the United States National Park Service; and

     WHEREAS,  tribal historic preservation offices were created primarily to allow tribes to take the role as cultural resource managers of their own tribal cultural properties. Through their historic preservation offices, tribes are able to negotiate with federal agencies in protecting and preserving their cultural resources; and

     WHEREAS,  tribal historic preservation offices deal with federal agencies on a government-to-government basis and extend into many states. If cultural sites are found, the

office is notified. Tribal offices are involved in findings that result from federal projects or undertakings, and tribal historic preservation offices have an interest in cultural landscapes and sites wherever Native American people have had historic and cultural ties; and

     WHEREAS,  one issue that frequently involves tribal historic preservation offices is the disposition and repatriation of human remains and cultural artifacts associated with the tribe; and

     WHEREAS,  both state and tribal historic preservation offices could benefit from closer coordination and communication; and

     WHEREAS,  tribal historic preservation offices have not received adequate federal funding. In addition, there have been disparities in funding for state and tribal historic preservation offices, as tribal offices assumed some of the workload for state offices, but have not received sufficient levels of federal funding:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature recognizes and appreciates the role of tribal historic preservation offices in South Dakota and in other states and urges the federal government to provide adequate funding for them. The Legislature supports federal funding of tribal historic preservation offices at the same level as state historic preservation offices, as tribal historic preservation offices have been charged with the same obligations and responsibilities under the law as state historic preservation offices.

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

REPORTS OF JOINT-SELECT COMMITTEES


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 8, 2008.

        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 Senate Journal.

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

    Sen. Knudson moved that the report of the Joint-Select committee relative to arranging for a Joint Session be adopted.

    Which motion prevailed.    

Also 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,
Tim Rave    Bob Gray
Joel Dykstra    Dave Knudson
Dale Hargens    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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1  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 provide for nomination and election when a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances.

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


     SB 2  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 prohibit public access to birth dates of voters contained in the master voter registration file.

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

     SB 3  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 procedures concerning elections for special districts.

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

     SB 4  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 concerning campaign finance reporting requirements and to establish certain penalties.

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

     SB 5  Introduced by:  The Committee on State Affairs at the request of the Department of Environment and Natural Resources

     FOR AN ACT ENTITLED, An Act to revise the requirement that the South Dakota Conservancy District pay interest on its bonds semiannually and to revise certain provisions regarding the district's authority to issue fixed or variable rate bonds.

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

     SB 6  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 certain provisions to allow the transfer of ownership of an application to appropriate water.

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


     SB 7  Introduced by:  The Committee on Appropriations at the request of the Department of Military and Veterans Affairs

     FOR AN ACT ENTITLED, An Act to make an appropriation for the renovation of the National Guard armory in Yankton and to declare an emergency.

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

     SB 8  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 procedures used to assess and collect unpaid cigarette taxes.

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

     SB 9  Introduced by:  The Committee on State Affairs at the request of the Bureau of Administration

     FOR AN ACT ENTITLED, An Act to provide for the disposal of state surplus property.

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

     SB 10  Introduced by:  Senators Two Bulls, Bartling, Dempster, Garnos, and Katus and Representatives Juhnke, Bradford, DeVries, Van Norman, and Weems at the request of the Committee on State-Tribal Relations

     FOR AN ACT ENTITLED, An Act to include Dakota and Nakota with certain requirements for instruction in the Lakota language.

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

     SB 11  Introduced by:  The Committee on Commerce at the request of the Department of Public Safety

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding corrosion protection for tank piping systems and aboveground tanks containing flammable or combustible liquids and used in retail motor fuel dispensing operations.

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

     SB 12  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 13  Introduced by:  The Committee on Transportation at the request of the Department of Public Safety

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension of a minor's driving privileges.

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

     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 extend the time allowed to request a hearing or pay an audit assessment.

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

     SB 15  Introduced by:  The Committee on Transportation at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to provide certain provisions regarding an electronic vehicle title.

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

     SB 16  Introduced by:  The Committee on Commerce at the request of the State Plumbing Commission

     FOR AN ACT ENTITLED, An Act to require continuing education of plumbing contractors, plumbers, apprentice plumbers, restricted plumbing contractors, and restricted plumbers.

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

     SB 17  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 banks.



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

     SB 18  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 dates pertaining to references to the Internal Revenue Code.

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

     SB 19  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 certain provisions regarding the duties of the executive director of the South Dakota Science and Technology Authority.

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

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

     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding personalized motor vehicle license plates.

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

     SB 21  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the interstate enrollment options program.

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

     SB 22  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts and to declare an emergency.

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


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

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the required reorganization of school districts with low enrollment.

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

     SB 24  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 reimburse certain school districts for consolidation incentives.

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

     SB 25  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the calculation of state aid to education.

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

     SB 26  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 rule making authority of the South Dakota Board of Education for pre-kindergarten programs.

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

     SB 27  Introduced by:  The Committee on Education at the request of the Department of Education

     FOR AN ACT ENTITLED, An Act to repeal the state requirement for inspection of school food service programs.

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

     SB 28  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, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

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

     SB 29  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 fund a dental externship program.

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

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

     FOR AN ACT ENTITLED, An Act to revise the minimum fire safety standards for specialty resorts.

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

     SB 31  Introduced by:  The Committee on Health and Human Services at the request of the Board of Chiropractic Examiners

     FOR AN ACT ENTITLED, An Act to provide for certification of chiropractic assistants.

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

     SB 32  Introduced by:  The Committee on Commerce at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act to establish a separate licensure category for vacation home establishments and to require vacation home establishments to meet minimum fire safety standards.

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

     SB 33  Introduced by:  The Committee on Health and Human Services at the request of the Department of Health


     FOR AN ACT ENTITLED, An Act to require hospitals to report certain adverse health care events.

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

     SB 34  Introduced by:  The Committee on Health and Human Services at the request of the Board of Nursing and the Board of Medical and Osteopathic Examiners

     FOR AN ACT ENTITLED, An Act to allow certified nurse midwives to attend out-of- hospital births under certain circumstances.

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

     SB 35  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to establish fair claims standards and procedures for property casualty insurance claims.

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

     SB 36  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 discount medical plan organization's renewal period requirements.

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

     SB 37  Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

     FOR AN ACT ENTITLED, An Act to establish certain suitability requirements for annuities.

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

     SB 38  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 relating to the consideration of assets for the purpose of long-term care eligibility.


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

     SB 39  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 suspension, implementation, and refund of electric or natural gas rates.

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

     SB 40  Introduced by:  The Committee on State Affairs at the request of the South Dakota Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to establish certain requirements regarding the separation and protection of a gas and electric public utility's assets.

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

     SB 41  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 regulation of public storage warehouses.

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

     SB 42  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the regulation of public warehouses by the Public Utilities Commission.

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

     SB 43  Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to revise the requirements regarding the siting of energy facilities.

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



     SB 44  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 certain provisions regarding the licensing and regulation of grain dealers and buyers.

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

     SB 45  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 public grain warehouses, to establish a grain warehouse fund, and to make a continuous appropriation from that fund.

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

     SB 46  Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act to increase certain license fees for grain buyers and grain warehouses.

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

     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 disasters 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 the payment of extraordinary litigation expenses 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 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 50  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 the Board of Counselor Examiners.

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

     SB 51  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 certain terminology, licensing requirements, and procedures regarding the Board of Examiners of Psychologists.

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

     SB 52  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 franchises and business opportunities.

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

     SB 53  Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to capital punishment.

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

     SB 54  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 certain provisions regarding the duties and reporting requirements for the South Dakota Energy Infrastructure Authority.

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

     SB 55  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 convey a tract of land in Pennington County to the United States Air Force and to declare an emergency.

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

     SB 56  Introduced by:  The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act to delegate authority to the Board of Regents to construct certain buildings and structures and to make a continuing appropriation therefor.

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

     SB 57  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 a roadway on the campus of the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

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

     SB 58  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 demolish Seymour Hall at Northern State University.

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

     SB 59  Introduced by:  The Committee on State Affairs at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota opportunity scholarship program.



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

     SB 60  Introduced by:  Senator Kloucek and Representatives Jerke and Putnam

     FOR AN ACT ENTITLED, An Act to appropriate money for the repair of Tripp Lake Dam and to declare an emergency.

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

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, January 9, the 2nd legislative day.

     Which motion prevailed.

     Sen. Knudson moved that the Senate do now adjourn, which motion prevailed and at 12:40 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, presiding.

    The following prayer was delivered by Pastor Diane Jackson, Lutheran Memorial Church, Pierre, South Dakota:

    Almighty, Creating God, we Your servants give You humble thanks for all Your goodness and loving-kindness to us and to all whom 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 the good work in this place in the days to come. Bless this House and all whom You have called to lead here, their families and those they represent in this great state of South Dakota. We pray in Your name and to Your glory. Amen.

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


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

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

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

    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. Rhoden, Dykstra, Hargens, and Moore 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.