JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 22, 2009

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Bishop David Zellmer, followed by the Pledge of Allegiance led by Senate pages Brittani Harris and Amy Miles.

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

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 sixth day and finds that the following correction be made:

    On page 85, line 18, strike "Confirmations are eligible for placement on the consent calendar."

     All other 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


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 Jeffrey Olson, Pennington County, Rapid City, 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.

December 29, 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 Kelly Duncan, Union County, Dakota Dunes, South Dakota, to the South Dakota Board of Education.

    This reappointment is effective immediately, and shall continue until December 31, 2012.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 5 and 59 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 58 and 60 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill be amended as follows:

68oa

     On page 1, line 10, of the printed bill, delete "university land" and insert "lands controlled by the Board of Regents".

     On page 1, line 14, delete "lease or contract" and insert "lease, contract, or agreement".

     On page 2, line 2, delete "a planned research or critical" and insert "an".

     On page 2, line 5, delete "bring" and insert "promote the practical application of university research, to aid the transfer of knowledge, technology, and business skills through collaboration between universities and industry, government, or other organizations that apply research or technology, and to assist in the growth of research-based and technology-led economic development for the community, region, and state, by bringing".

     On page 2, line 8, after "commercial" insert ", governmental, or public policy".

     On page 2, line 13, after "47" insert "for the purpose of constructing, financing, developing, maintaining, and operating a research park".

     On page 3, line 23, after "finance," delete "operate,".

     On page 4, line 18, delete "contract or lease" and insert "lease, contract, or agreement".

     On page 4, line 20, delete "research park".

     On page 4, line 21, delete "corporation or other".
     On page 4, line 21, after "park" insert "under a lease, contract, or agreement with the Board of Regents".

     On page 4, line 24, after "." Insert "No debt or liability of a research park is an indebtedness, legal or moral, of the State of South Dakota, and no creditor may have recourse against the State of South Dakota or any fund created or maintained directly or indirectly from state taxation."

     On page 5, line 2, delete "create" and insert "construct, finance".

     On page 5, line 7, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 11, delete "such".

     On page 5, line 11, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, delete lines 13 to 17, inclusive.

     On page 5, line 18, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 19, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 21, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 24, after "." Insert "Nothing in this section relieves a research park corporation of the obligation to conform to criminal laws or other statutes of general application."

     On page 6, line 1, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 6, line 5, delete "the campus of".

     On page 6, line 6, delete "and known as the University Center".

68ob

     On page 2, line 14, of the printed bill, delete "dedicate" and insert "utilize".

     On page 2, line 14, delete "to" and insert "for".

     On page 5, line 8, after "." Insert "Each research park corporation shall have the Board of Regents as its sole member."

     On page 5, line 23, delete ", gross receipts tax".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dana Dykhouse of Sioux Falls, Minnehaha County, South Dakota, to the Science and Technology Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Graham Fleming of Berkeley, California, to the Science and Technology Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  8 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Thomas Oster of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Patricia Simmons of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Terry Sabers of Davison County, Mitchell, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Stacy Phelps of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Gerry Schlenker of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB  71 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill be amended as follows:

65ra

     On page 8, line 18 of the printed bill, embolden the numbers 216, 279, 312, 335, 357 and 379.

     On page 8, line 19, embolden the numbers 256, 319, 352, 375, 397 and 419.

     On page 8, line 20, embolden the numbers 296, 359, 392, 415, 437 and 459.

     On page 8, line 21, embolden the numbers 399, 432, 455, 477 and 499.

     On page 8, line 22, embolden the numbers 439, 472, 495, 517 and 539.

     On page 8, line 23, embolden the numbers 479, 512, 535, 557 and 579.
     On page 8, line 24, embolden the numbers 519, 552, 575, 597 and 619.

     On page 8, line 25, embolden the numbers 592, 615, 637 and 659.

     On page 8, line 26, embolden the numbers 632, 655, 677 and 699.

     On page 8, line 27, embolden the numbers 672, 695, 717 and 739.

     On page 8, line 28, embolden the numbers 735, 757 and 779.

     On page 9, line 1, embolden the numbers 775, 797 and 819.

     On page 9, line 2, embolden the numbers 815, 837 and 859.

     On page 9, line 3, embolden the numbers 877 and 899.

     On page 9, line 4, embolden the numbers 917 and 939.

     On page 9, line 5, embolden the numbers 957 and 979.

     On page 9, line 6, embolden the numbers 997 and 1,019.

     On page 9, line 7, embolden the number 1,059.

     On page 9, line 8, embolden the number 1,099.

     On page 9, line 9, embolden the number 1,139.

     On page 9, line 10, embolden the number 1,179.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Keith James Bonenberger of Jackson County, Kadoka, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Jesse B. Sondreal of Meade County, Sturgis, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Krista Heeren-Graber of Hutchinson County, Freeman, South Dakota, to the South Dakota Council for Interstate Adult Offender Supervision and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Patricia A. Meyers of Pennington County, Rapid City, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of James P. Smith of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Teresa Marts of Tripp County, Winner, South Dakota, to the South Dakota Crime Victim's Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Judith Hines of Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victim's Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Gene G. Abdallah, Chair


 Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 53, 54, and 55 and returns the same with the recommendation that said bills do pass.


Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 56 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1016, 1019, 1023, 1024, 1032, and 1083 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1002: A CONCURRENT RESOLUTION, To honor and congratulate Barack Obama, the forty-fourth President of the United States of America.

     Was read the first time, the President waived the referral to committee, and placed HCR 1002 on the calendar of Friday, January 23, the 8th legislative day.


     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:00 p.m. on Friday, January 23, the 8th legislative day.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 75  Introduced by:  Senators Howie, Fryslie, Garnos, Kloucek, Maher, Peterson, and Rhoden and Representatives Kopp, Frerichs, Hoffman, Olson (Betty), Schrempp, Sly, and Verchio

     FOR AN ACT ENTITLED, An Act to allow dogs to be used in the hunting of mountain lions.

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

     SB 76  Introduced by:  Senators Hansen (Tom), Dempster, Gant, and Miles and Representatives Dreyer, Boomgarden, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to require background investigations for certain optometrist licensees and applicants.

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

     SB 77  Introduced by:  Senators Gant, Abdallah, Adelstein, Dempster, Gray, Haverly, Heidepriem, Knudson, Maher, Merchant, Miles, Nelson, and Nesselhuf and Representatives Dreyer, Brunner, Curd, Cutler, Elliott, Fargen, Gosch, Greenfield, Jensen, Kirkeby, Kirschman, Krebs, Lederman, Lust, Moser, Novstrup (David), Nygaard, Peters, Rausch, Rave, Rounds, Solberg, Solum, Turbiville, and Verchio

     FOR AN ACT ENTITLED, An Act to repeal the maximum the number of off-sale alcoholic beverage licenses that may be issued to any person, corporation, or business entity.

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

     SB 78  Introduced by:  Senators Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Hundstad, Jerstad, Kloucek, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Engels, Bolin, Cutler, Gibson, Juhnke, Kirkeby, McLaughlin, and Thompson

     FOR AN ACT ENTITLED, An Act to revise the mandatory retirement age of judges of the Supreme Court and circuit court.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1016: 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 1019: 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 1023: 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: 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 1032: 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 1083: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Commission on Gaming to assess costs of certain special meetings.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the title to real property obtained by a tax deed.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Vehle

     Excused:
Turbak Berry

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 23: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

     Was read the second time.

     The question being "Shall SB 23 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Vehle

     Excused:
Turbak Berry

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 30: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Department of Transportation file a copy of the official state trunk highway map with every county auditor.

     Was read the second time.

     The question being "Shall SB 30 pass?"


     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Vehle

     Excused:
Turbak Berry

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 46: FOR AN ACT ENTITLED, An Act to change the name of adjustment training center to community support provider.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Vehle

     Excused:
Turbak Berry

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permission to carry a concealed pistol and to repeal certain requirements concerning applications to purchase a pistol.

     Was read the second time.

     The question being "Shall SB 33 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Vehle

     Excused:
Turbak Berry

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     There being no objection, the Senate reverted to Consideration of Executive Appointments.

CONSIDERATION OF EXECUTIVE APPOINTMENT

     The Senate proceeded to the consideration of the executive appointment of Marilyn Grossenburg of Tripp County, Winner, South Dakota, to the Commision on Human Rights.

     The question being "Does the Senate advise and consent to the executive appointment of Marilyn Grossenburg pursuant to the executive message as found on page 43 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Schmidt; Tieszen; Vehle

     Excused:
Rhoden; Turbak Berry

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(continued)

     SB 45: FOR AN ACT ENTITLED, An Act to provide an exception to the practice of seclusion as it pertains to the treatment of a person with a developmental disability.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent 0

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

     Nays:
Gillespie; Maher; Peterson

     Excused:
Rhoden; Turbak Berry

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     Sen. Olson (Russell) moved that the Senate do now adjourn, which motion prevailed and at 1:31 p.m. the Senate adjourned.

Trudy Evenstad, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee as found on page 67 of the Senate Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a budget message from the Governor, M. Michael Rounds. The President of the Senate, Dennis Daugaard, presided.


    The following prayer was delivered by Pastor Susan Carr, Pierre/Ft. Pierre Ministerial Association:

    O God, whom we know by many names,

    We know that You are always present with us, but we often do not stop from our own agendas and plans to listen to You. And so, we ask that You would make us mindful that our work here is not for our own power or prestige, it is not for our own party, but rather that we are here, entrusted with the high calling of serving this state and its people. Keep us humble we pray.

    We come before You now with hearts and minds that are full of anxiety and uncertainty. Teach us again not to be afraid; but to trust that if You have brought us to a place, You will see us through it. Make us leaders that are more interested in the public interest than in our own self-interests. Keep us faithful as stewards entrusted with this public duty to care for the citizens and the land and resources and institutions of this state.

    We pray this day for our new President, Barack Obama, and we pray that You will protect and guide him with wisdom and courage. We pray for those who represent us in Washington, DC, that they may build bridges where possible and seek the public good. We pray for Governor Rounds and for the difficult decisions that he has had to struggle with in these days and that he may find strength in You as he seeks to present and secure a budget that will meet the needs of this state. We pray for each member who will have to make difficult decisions in the days ahead. We pray and give thanks for the staff who offer their support to this work. Keep us always patient with each other and forgiving.

    O God, we do not ask for easy lives, but for strength to live up to the challenge of this new day. We do not ask for the mountain to be taken away, but for courage to climb it together. So go before us now, O God, empower your servants in their calling. In hope and in patience we pray. 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; 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; Schmidt; Tieszen; 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; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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 budget message.

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

    Which motion prevailed.

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee as found on page 53 of the Senate Journal, the House of Representatives and the Senate met in informal Joint Session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of fourteen former members of the South Dakota Legislature, namely: the Honorable Raymond E. Dana, the Honorable Robert R. Giebink, the Honorable Wallace B. "Wally" Hanson; the Honorable Douglas W. Johnson; the Honorable Juel S. Johnson; the Honorable James "Jim" Kesling; the Honorable Sidney R. Knutson; the Honorable Frances S. "Peg" Lamont; the Honorable Donald A. L'Esperance; the Honorable Merle E. Lofgren; the Honorable Charles Q. "Chuck" Mateer; the Honorable Orville Smith; the Honorable Jay Swisher; and the Honorable Francis "Frank" Thieman; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and
                                
    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-fourth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefitted greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Eighty-fourth Session of the Legislature of the State of South Dakota, now assembled this 22nd day of January, 2009, at Pierre, South Dakota.