JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 9, 2001

    BE IT REMEMBERED, That on the ninth day of January, A.D., two thousand one, 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 Seventy-sixth regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Carole Hillard 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 Hal Barber, SS. Peter and Paul Catholic Church, Pierre:

    Legislators and all here present, let us pray:

    Almighty and ever-present God, Your watchful care reaches from end to end, from the beginning of time until now, and orders all things in such power that even the tensions and the tragedies of natural catastrophe and human conflict cannot frustrate Your loving plans. As this legislative session begins, we ask Your gracious blessing and guidance. In Your providential love watch over those holding legislative office, so that their deliberations and decisions may lead to laws that are just, fair, and result in prosperity, security, and happiness for all the people of the great state of South Dakota.

    We ask this favor in Your holy name. Amen.

    The Pledge of Allegiance to the flag of the United States was led by Senate page Melinda Nielsen.

    
    


    I, JOYCE HAZELTINE, 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, 2000, are hereby certified as members of the Senate of the 2001-2002 Legislative Sessions:

District No.  1  Codington, Day, Marshall and Roberts Counties
        Paul N. Symens, Amherst

District No.  2  Brown and Marshall Counties
        H. Paul Dennert, Columbia

District No.  3  Brown and McPherson Counties
        Elmer Diedtrich, Aberdeen

District No.  4  Brookings, Deuel and Grant Counties
        Larry Diedrich, Elkton

District No.  5  Codington County
        Don Brosz, Watertown

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

District No.  7  Brookings County
        Arnold M. Brown, Brookings

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

District No.  9  McCook, Minnehaha and Turner Counties
        Dennis Daugaard, Garretson

District No. 10  Lincoln and Minnehaha Counties
        Dave Munson, Sioux Falls

District No. 11  Minnehaha County
        Dick Hainje, Sioux Falls

District No. 12  Minnehaha County
        John McIntyre, Sioux Falls

District No. 13  Minnehaha County
        Kermit L. Staggers, Sioux Falls

District No. 14  Minnehaha County
        Barbara Everist, 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
        John J. Reedy, Vermillion

District No. 18  Yankton County
        Garry Moore, Yankton

District No. 19  Bon Homme, Douglas and Hutchinson Counties
        J.E. "Jim" Putnam, Armour

District No. 20  Davison and Hanson Counties
        Ed Olson, Mitchell

District No. 21  Beadle and Spink Counties
        Ron J. Volesky, Huron

District No. 22  Aurora, Buffalo, Hand, Jerauld, Sanborn and Spink Counties
        Robert N. Duxbury, Wessington Springs

District No. 23  Campbell, Edmunds, Faulk, Hyde, Potter and Walworth Counties
         Robert "Bob" Drake, Bowdle

District No. 24  Hughes, Lyman, Stanley and Sully Counties
        Patricia de Hueck, Pierre

District No. 25  Brule, Charles Mix, Gregory and Lyman Counties
        James K. Hutmacher, Chamberlain

District No. 26  Bennett, Haakon, Jackson, Jones, Lyman, Mellette and Tripp Counties
         John Koskan, Wood

District No. 27  Bennett, Shannon and Todd Counties
        Richard "Dick" Hagen, Pine Ridge

District No. 28  Butte, Corson, Dewey, Harding, Perkins and Ziebach Counties
        Eric H. Bogue, Dupree

District No. 29  Butte and Meade Counties
        Marguerite Kleven, Sturgis

District No. 30  Custer, Fall River and Pennington Counties
        Drue J. Vitter, Hill City


District No. 31  Lawrence County
        Jerry Apa, Lead

District No. 32  Pennington County
        Arlene H. Ham, Rapid City

District No. 33  Meade and Pennington Counties
        Fred Whiting, Rapid City

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

District No. 35  Pennington County
        Cheryl Madden, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 8th day of January 2001.

    (SEAL)

JOYCE HAZELTINE

Secretary of State

    The oath of office was administered by the Honorable John Konenkamp, Justice of the Supreme Court of the State of South Dakota, to the following Senators-elect:

Kenneth D. Albers    Marguerite M. Kleven
Jerry Apa        Gil Koetzle
Eric H. Bogue    John Koskan
Don Brosz        Cheryl Madden
Arnold M. Brown    Royal "Mac" McCracken
Dennis Daugaard    John R. McIntyre
Patricia de Hueck    Gary A. Moore
H. Paul Dennert        David R. Munson
Larry Diedrich    Ed Olson
Elmer Diedtrich    J.E. "Jim" Putnam
Bob Drake        John J. Reedy
Robert N. Duxbury    Kermit L. Staggers
Barbara Everist    Dan Sutton
Brock L. Greenfield    Paul N. Symens
Dick Hainje        Drue J. Vitter
Arlene H. Ham    Ron J. Volesky
Jim Hutmacher    Fred C. Whiting

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


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

COMMUNICATIONS AND PETITIONS


August 24, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Dennis Neugebauer, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 20, 2003.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

September 1, 2000

The Honorable Carole Hillard
President, South Dakota Senate
Capitol Building
Pierre, SD 57501

Dear President Hillard:

    Pursuant to SDCL 24-13-1 and 24-13-2, the Supreme Court has reappointed Robert D. Hofer of Pierre, South Dakota, to a four-year term as a member of the Board of Pardons and Paroles, subject to the advice and consent of the Senate as required by SDCL 24-13-1. Accordingly, the Court requests that you submit said appointment to the Senate for consent during the 2001 Legislative Session.

    Thank you for your cooperation. We will await your advice as to the Senate's action with regard to this appointment.

Very truly yours,
Dorothy A. Smith
Clerk of the Supreme Court


    The President referred the appointment to the Committee on Judiciary.

August 21, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 and subject to your consent, I have the honor to inform you that I have reappointed Douglas J. Sharp, Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 20, 2003.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

August 21, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed D. J. Mertens, Jones County, Murdo, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 19, 2004.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.


August 21, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed James C. Roby, Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 15, 2001.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

August 24, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Dennis Haan, Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 21, 2002.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

August 21, 2000

The Honorable Carole Hillard
President of the Senate


State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Ronald L. Morrow, Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2003.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

August 21, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dawn A. Nelson, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2003.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

July 27, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam 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 reappointed Shane C. Penfield, Perkins County, Vermillion, South Dakota, to the State Board of Regents.

    This appointment is effective immediately, and shall continue until July 1, 2002.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Education.

May 15, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 34-21B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Bob McDonald, Hughes County, Pierre, South Dakota, to the Southwestern Low-Level Radioactive Waste Disposal Commission.

    This appointment is effective June 1, 2000.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Agriculture and Natural Resources.

May 15, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 34-21B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Joe Nadenicek,

Hughes County, Pierre, South Dakota, to the Southwestern Low-Level Radioactive Waste Disposal Commission.

    This appointment is effective June 1, 2000.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Agriculture and Natural Resources.

May 8, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Steven M. Pirner, Hughes County, Pierre, South Dakota, Secretary of the Department of Environment and Natural Resources.

    This appointment is effective June 1, 2000, and shall continue at the pleasure of the Governor.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Agriculture and Natural Resources.

December 22, 2000

The Honorable Carole Hillard
President of the Senate
500 East Capitol
Pierre, SD 57501

Re: Appointment of Daniel J. Nichols

Dear Madam President and Members of the Senate:


    Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, I have the honor to inform you that I have re-appointed Daniel J. Nichols and James Sheridan to the Board of Pardons and Paroles. Enclosed are the Statements of Financial Interest and Executive Appointments.

    These appointments are effective until January 2005.

Sincerely,
Mark Barnett
Attorney General

    The President referred these appointments to the Committee on Judiciary.

MOTIONS AND RESOLUTIONS


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

    Which motion prevailed.

    Sen. Everist moved that Sen. Brown be elected President Pro tempore of the Senate for the Seventy-sixth Legislative Session.

    The question being on Sen. Everist's motion that Sen. Brown be elected President Pro tempore of the Senate for the Seventy-sixth Legislative Session.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen

     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 John Konenkamp, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Arnold M. Brown.



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

    Sen. Everist moved that Patricia Adam be elected Secretary of the Senate for the Seventy- sixth Legislative Session.

    The question being on Sen. Everist's motion that Patricia Adam be elected Secretary of the Senate for the Seventy-sixth Legislative Session.

    And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen

     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 John Konenkamp, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Patricia Adam.

    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 Seventy-sixth Legislative Session:

    First Assistant to the Secretary -- Helen Harryman

    Second Assistant to the Secretary -- Joan Johnson

    Index Clerk -- Trudy Evenstad

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Alice Christensen

    Secretary to the Minority Leader -- Stana Donnelly

    Appropriations Secretary -- LeAnn Allstot


            Committee Secretaries -- Dawn Magee, Margaret Nickels, Ryan Olson

    Sergeant-at-Arms -- Curt Neuharth

    Assistant Sergeants-at-Arms -- Rollie Benson, Don Rounds, Bob Voeltz

            Pages (1st Term) -- Kari Bender, Lacey DeKnikker, Jacob Denker, Brandi Diedrich, Katie Johnson, Jerome Koistinen, Melinda Nielsen, Abby Pitlick, Jennifer Trewatha, Lavyne Wieting, Matthew Wolff

            Pages (2nd Term) -- Andriea Aden, Tina DeJong, Emily Dupraz, Sandra Fast Wolf, Tia Hilt, Sarah Johnson, Bethany Jost, Kara Kann, Emily Kerr, Amanda Moore, Sheila Mortensen, Amy Schueth, Jody Veurink

            Pages (3rd Term) -- Samantha Ackerman, Amanda Anderson, Jack Anderson, Lesa Jarding, Jennifer Keffeler, Lacey Kruse, Mary Kurtz, Melanie Markus, Aleshia Moe, Callie Taton, Tony Venhuizen

            Pages (4th Term) -- Erin Brown, Kayla Flynn, Laura Geraets, Steven Hofer, Sandra Livermont, Tyler Lohmiller, Kristen Osterberg, Sarah Rost, Nisa Schwiesow

            Legislative Interns -- William Collins, Janet Dienn, Andrea Frericks, Todd Fuoss, Katherine Hemmer, Erin McIntyre, Drake Olson, Dina Rush, Jennifer Turner

    Legislative Aides -- Daniel Diez, Phillip Ringstmeyer

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

    First Assistant to the Secretary -- Helen Harryman

    Second Assistant to the Secretary -- Joan Johnson

    Index Clerk -- Trudy Evenstad

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Alice Christensen

    Secretary to the Minority Leader -- Stana Donnelly

    Appropriations Secretary -- LeAnn Allstot

            Committee Secretaries -- Dawn Magee, Margaret Nickels, Ryan Olson

    Sergeant-at-Arms -- Curt Neuharth


    Assistant Sergeant-at-Arms -- Rollie Benson

            Pages (1st Term) -- Kari Bender, Lacey DeKnikker, Jacob Denker, Brandi Diedrich, Katie Johnson, Jerome Koistinen, Melinda Nielsen, Abby Pitlick, Jennifer Trewatha, Lavyne Wieting, Matthew Wolff

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

    Sen. Everist moved that the permanent joint rules and the permanent Senate rules of the Seventy-fifth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Seventy-sixth legislative Session.

    The question being on Sen. Everist's motion that the permanent joint rules and the permanent Senate rules of the Seventy-fifth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Seventy-sixth Legislative Session.

    And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen

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


    Sen. Everist 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 appointed as such committee Sens. Everist, Brown, and Hutmacher.

    Sen. Everist 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 appointed as such committee Sens. Everist, Brown, and Hutmacher.


    Sen. Everist 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 Seventy-sixth legislative session.

    Which motion prevailed and the President appointed as such committee Sens. Everist, Brown, and Hutmacher.

    Sen. Everist 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 Seventy-sixth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Brown, Everist, and Moore.

    Sen. Everist 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 Seventy-sixth 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 appointed as such committee Sens. Brown, Everist, and Hutmacher.

    Sen. Everist 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 appointed as such committee Sens. Hainje, Daugaard, and Symens.

    Sen. Everist 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 Seventy-sixth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Ham, Hainje, and Duxbury.

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

    Which motion prevailed and the President appointed as such committee Sens. Madden, Putnam, and Reedy.


     SCR 1   Introduced by:  Senators Brown (Arnold), Brosz, Daugaard, Diedrich (Larry), Duxbury, and Sutton (Dan) and Representatives Smidt, Derby, Duniphan, and Lange

         A CONCURRENT RESOLUTION,  Appointing Mr. Marty Guindon of Pierre, South Dakota, to the office of Auditor-General.

     WHEREAS,  pursuant to the provisions of §  4-2-2, the Auditor-General shall be appointed by a Concurrent Resolution of the State Legislature; and

     WHEREAS,  the Executive Board of the Legislative Research Council has recommended the appointment of Marty Guindon of Pierre, South Dakota, to fill that position:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-Sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that Marty Guindon of Pierre, South Dakota, be appointed to the office of Auditor-General, pursuant to the provisions of §  4-2-2, for the term of eight years from adoption of this Concurrent Resolution, and until a successor is duly appointed and qualified; and

     BE IT FURTHER RESOLVED,  that the Secretary of the Senate of the State of South Dakota transmit an enrolled copy of this Concurrent Resolution to Mr. Guindon, the Secretary of State, and the Governor of the State of South Dakota.

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

     SCR 2   Introduced by:  Senators Albers, Brown (Arnold), Hagen, Hutmacher, and Putnam and Representatives Nachtigal, Napoli, and Valandra at the request of the Interim State-Tribal Relations Committee

         A CONCURRENT RESOLUTION,  Urging the federal government to authorize and fund long- term health care on Indian reservations.

     WHEREAS,  among all the states in the Northern Plains region, South Dakota has the highest percentage of its Native American population, sixty-seven percent, living on Indian reservations. In addition, South Dakota is experiencing a growing elderly population on its Indian reservations; and

     WHEREAS,  Native Americans are living significantly longer today than they did in the early 1900s. The life expectancy of Native Americans in South Dakota is currently sixty-five. This increased life expectancy presents new challenges in caring for the elderly and creates the need for elderly care facilities to provide services that were once provided solely by the family; and

     WHEREAS,  the rate of debilitating diseases, particularly diabetes, on South Dakota Indian reservations has been increasing over the years. The age-adjusted diabetes mellitus death rate among Native Americans in South Dakota is 62.6 per 100,000 population, which is five times higher than the combined rate for all races in the United States; and


     WHEREAS,  Native American culture strongly embraces the extended family in which elders are considered the source of wisdom, history, and tradition; and

     WHEREAS,  a loss of important cultural traditions for families and tribal members occurs when elderly Native Americans must seek nursing facility placement off the reservations. This separation means social and cultural isolation at a time in elders' lives when understanding and cultural support are most important; and

     WHEREAS,  due to the high percentage of Native American families below poverty level living on Indian reservations, lack of transportation to visit family members in nonreservation nursing homes creates a hardship for the elderly and their families; and

     WHEREAS,  the federal government has a long-standing legal and moral obligation to provide for the health care needs of Native Americans on reservations. This obligation is based on treaty and federal law; and

     WHEREAS,  the Indian Health Service currently provides primary and acute health care services, such as physician and hospital care, through federal facilities located on each of the reservations; and

     WHEREAS,  the Indian Health Service currently does not provide long-term care services, such as assisted living and nursing home care, on any of South Dakota's Indian reservations; and

     WHEREAS,  the federal government has failed to take responsibility for providing long- term care services to elderly Native Americans residing on reservations in South Dakota. The federal government has refused to recognize long-term care for Native Americans as a federal responsibility and has failed to provide authorization and funding that would enable the Indian Health Service to provide those needed services; and

     WHEREAS,  the lack of long-term care services has created an undue hardship for reservation residents and their families creating a growing need for the Indian Health Service to appropriately address the long-term care needs of South Dakota's Native American population:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the federal government is requested to formally take responsibility for long-term care for Native Americans residing on Indian reservations by providing the necessary authorization and funding to enable the Indian Health Service to offer long-term care for Native American elders on Indian reservations. The United States government must live up to its responsibilities by helping to establish facilities that will allow our Native American elders to spend their final years with dignity in their own communities and cultural surroundings.

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


    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair
     Agriculture and Natural Resources (9)
    **Diedrich (Larry), *Hainje, de Hueck, Diedtrich (Elmer), Ham, Staggers, Hutmacher,
Reedy, Symens
     Appropriations (9)
    **Drake, *Putnam, Apa, Greenfield, Kleven, Koskan, Madden, Dennert, Duxbury
     Commerce (7)
    **Munson, *Daugaard, Bogue, McCracken, Whiting, Sutton (Dan), Volesky
     Education (7)
    **Brosz, *Olson (Ed), Daugaard, Ham, Munson, Hutmacher, McIntyre
     Government Operations and Audit (5)
    **Kleven, *Bogue, Brosz, Daugaard, Moore
     Health and Human Services (7)
    **Albers, *Olson (Ed), Diedtrich (Elmer), Ham, Staggers, McIntyre, Sutton (Dan)
     Judiciary (7)
    **Whiting, *Daugaard, Bogue, de Hueck, Hainje, Koetzle, Moore
     Legislative Procedure (7)
    **Brown (Arnold), *Everist, Hainje, Olson (Ed), Vitter, Hutmacher, Moore
     Local Government (7)
    **Ham, *Vitter, Albers, Diedtrich (Elmer), Olson (Ed), Hagen, Reedy
     Retirement Laws (5)
    **Albers, *Diedrich (Larry), McCracken, McIntyre, Volesky
     State Affairs (9)
    **Everist, *Brown (Arnold), Brosz, Daugaard, Munson, Whiting, Hutmacher, Sutton
(Dan), Symens
     Taxation (9)
    **Hainje, *Bogue, de Hueck, Diedrich (Larry), McCracken, Staggers, Koetzle, McIntyre, Moore
     Transportation (7)
    **Vitter, *Staggers, Albers, Diedrich (Larry), McCracken, Hagen, Volesky


CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MADAM 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 9, 2001.

    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 and that the Senate retire to the Senate Chamber to proceed with its regular order of business.

    That the message of the Governor be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Barbara Everist
William Napoli    Arnold Brown
Quinten Burg    Jim Hutmacher
House Committee    Senate Committee

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

    Which motion prevailed and the report was adopted.

Also MADAM 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,
Matthew Michels        Barbara Everist
William Napoli        Arnold Brown
Quinten Burg        Jim Hutmacher
House Committee        Senate Committee


    Sen. Everist 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 and the report was adopted.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Napoli, and Burg as a committee of three on the part of the House to meet with a like committee on the part of the Senate to make arrangements for the Joint Session to hear the message of the Governor.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Napoli, and Burg as a committee of three on the part of the House to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is ready to meet in Joint Session to receive any communication he may desire to transmit.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Monroe, Garnos, and Flowers as a committee of three on the part of the House to meet with a like committee on the part of the Senate to secure chaplains for the Seventy-sixth Legislative Session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Smidt, Kooistra, and Lange as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a memorial recognition of deceased former members of the House and Senate.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Duenwald, Jaspers, and Nachtigal as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for legislative days for members, officers, and employees for the Seventy-sixth Legislative Session.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Eccarius, Bill Peterson, and Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to the joint rules for the two Houses for the ensuing session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Juhnke, Duniphan, and Nachtigal as a committee of three on the part of the House to meet with a like committee on the part of the Senate to confer 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 full power to act.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Eccarius, Bill Peterson, and Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to fix the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-sixth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MADAM PRESIDENT;

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

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communication he may desire to transmit.

Respectfully,
Karen Gerdes, Chief Clerk


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1   Introduced by:  Senators Madden and Ham and Representatives McCoy and Slaughter at the request of the Interim Judiciary Committee

       FOR AN ACT ENTITLED, An Act to   require written informed consent before genetic testing.

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

     SB 2   Introduced by:  Senators Madden and Ham and Representatives McCoy and Slaughter at the request of the Interim Judiciary Committee

       FOR AN ACT ENTITLED, An Act to   prohibit employers from obtaining, seeking, or using genetic information.

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

     SB 3   Introduced by:  Senators Ham and Madden and Representatives McCoy, Monroe, and Slaughter at the request of the Interim Judiciary Committee

       FOR AN ACT ENTITLED, An Act to   revise the health information privacy rule- making authority of the director of insurance to include nonpublic personal financial information.

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

     SB 4   Introduced by:  Senators Ham and Madden and Representatives McCoy and Slaughter at the request of the Interim Judiciary Committee

       FOR AN ACT ENTITLED, An Act to   regulate the disclosure of and access to a patient's health care information.

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

     SB 5   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain voting qualifications in municipal and school district elections.

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


     SB 6   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   require the notification to the secretary of state of the nomination of certain convention nominees and of the election of certain party officials.

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

     SB 7   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise the dates for filing certain certificates of nomination.

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

     SB 8   Introduced by:  Senators Symens, Diedtrich (Elmer), and Vitter and Representatives Fryslie and Hanson (Gary) at the request of the Interim Agriculture and Natural Resources Committee

       FOR AN ACT ENTITLED, An Act to   establish a public policy of protecting cropland and pasture in county drainage plans.

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

     SB 9   Introduced by:  Senators Vitter, Diedtrich (Elmer), Drake, and Symens and Representatives Fryslie, Hanson (Gary), Konold, and Lintz at the request of the Interim Agriculture and Natural Resources Committee

       FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to landowner liability for injuries sustained by trespassers on flooded land.

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

     SB 10   Introduced by:  Senators Symens and Diedtrich (Elmer) and Representatives Lintz, Fryslie, and Hanson (Gary) at the request of the Interim Agriculture and Natural Resources Committee

       FOR AN ACT ENTITLED, An Act to   clarify certain provisions concerning the ownership of public water and public access thereto.


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

     SB 11   Introduced by:  Senators Symens, Diedtrich (Elmer), and Vitter and Representatives Hanson (Gary), Fryslie, and Lintz at the request of the Interim Agriculture and Natural Resources Committee

       FOR AN ACT ENTITLED, An Act to   permit the fencing of certain lakes, ponds, and sloughs for the containment of livestock.

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

     SB 12   Introduced by:  Senators Symens, Diedtrich (Elmer), and Vitter and Representatives Hanson (Gary), Fryslie, and Lintz at the request of the Interim Agriculture and Natural Resources Committee

       FOR AN ACT ENTITLED, An Act to   prohibit the launching of boats from public highways under certain circumstances and to provide penalties therefor.

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

     SB 13   Introduced by:  Senators Diedrich (Larry), Brosz, Everist, Hutmacher, McIntyre, Munson, and Reedy and Representatives Garnos, Brown (Richard), Heineman, Juhnke, and Pummel at the request of the Interim Education Committee

       FOR AN ACT ENTITLED, An Act to   allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

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

     SB 14   Introduced by:  Senators Brosz, Diedrich (Larry), Everist, Hutmacher, McIntyre, Munson, and Reedy and Representatives Juhnke, Brown (Richard), Heineman, and Pummel at the request of the Interim Education Committee

       FOR AN ACT ENTITLED, An Act to   create the South Dakota teacher forgivable loan program and to appropriate money therefor.

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

     SB 15   Introduced by:  The Committee on Legislative Procedure at the request of the Commissioner of School and Public Lands


       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appraisal of grazing and agricultural lands by the commissioner of school and public lands.

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

     SB 16   Introduced by:  The Committee on Legislative Procedure at the request of the Commissioner of School and Public Lands

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the lease of common school, indemnity, and endowment lands.

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

     SB 17   Introduced by:  The Committee on Legislative Procedure at the request of the Commissioner of School and Public Lands

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the right to renew certain leases on school and public lands.

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

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

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

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

     SB 19   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   authorize the sale of a tract of land in Brookings County, South Dakota, to provide for the disposition and appropriation of the sale proceeds, to authorize and appropriate other funds to the Board of Regents to purchase property for agricultural experiment station research, and to declare an emergency.

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

     SB 20   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 dispose of certain structures located at the Agricultural Experiment Station Beef Nutrition and Dairy

Units in Brookings County, to construct cattle feed preparation and silage storage facilities at the Beef Nutrition Unit, and to make an appropriation therefor.

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

     SB 21   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   make an appropriation to the Board of Regents to defray increased utility costs at Black Hills State University and at the South Dakota School of Mines and Technology and to declare an emergency.

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

     SB 22   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act to   allow for the additional public distribution of sex offender information.

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

     SB 23   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the filing of marriage records and rule-making authority regarding vital records.

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

     SB 24   Introduced by:  The Committee on State Affairs at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   require coroners and funeral directors to notify eye and tissue banks of certain deaths for the purpose of anatomical gifts.

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

     SB 25   Introduced by:  The Committee on State Affairs at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   require the use of safety seat belts by passenger vehicle occupants under eighteen years of age.


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

     SB 26   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   eliminate the South Dakota Farm Loan Mediation Board and transfer program authority to the secretary of agriculture, to provide civil liability immunity for certain agricultural finance counselors, and to authorize the department to contract with businesses for mediation services.

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

     SB 27   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   revise the accounting process for the state fair.

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

     SB 28   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   authorize South Dakota to participate in the revised Interstate Compact for Adult Offender Supervision.

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

     SB 29   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   provide that certain offenses are violent offenses for purposes of parole eligibility.

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

     SB 30   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   allow parole violation and noncompliance hearings to be conducted through telephone conferencing or interactive video conferencing.


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

     SB 31   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 requirements of the Division of Rehabilitation Services in contested cases.

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

     SB 32   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act to   revise the notice of hearing requirements pertaining to costs on petitions for authority to administer psychotropic medication.

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

     SB 33   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   proscribe the crime of assisting in the escape of an involuntarily committed person from the South Dakota Human Services Center or the South Dakota Developmental Center and to provide penalties therefor.

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

     SB 34   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   allow weights and measures inspections to be preformed biennially.

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

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

       FOR AN ACT ENTITLED, An Act to   require insurance producers to sell only investments authorized pursuant to certain provisions.

     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 Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise nonrenewal and preexisting condition provisions and to correct outdated references for health insurance plans.

     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 Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain requirements for continuation and conversion of employer health plans.

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

     SB 38   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise health plan coverage requirements for newborns and newly adopted children.

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

     SB 39   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   establish standards for disability insurance.

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

     SB 40   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   exempt from registration certain Canadian broker-dealers and the securities offered by them.

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

     SB 41   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation


       FOR AN ACT ENTITLED, An Act to   authorize the recovery of costs in contested cases for the real estate appraiser program and to repeal certain provisions regarding an appraiser's license.

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

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

       FOR AN ACT ENTITLED, An Act to   provide for the increase of certain fees for the cosmetology commission.

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

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

       FOR AN ACT ENTITLED, An Act to   establish within the State Board of Chiropractic Examiners a disciplinary committee and an ethics committee and to authorize a fee for peer review.

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

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

       FOR AN ACT ENTITLED, An Act to   provide reciprocity for the licensing of insurance producers.

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

     SB 45   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   allow alcohol beverage license suspension or revocation hearings to be held in a location other than the county where the license has been applied for or has been issued.

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

     SB 46   Introduced by:  The Committee on Taxation at the request of the Department of Revenue


       FOR AN ACT ENTITLED, An Act to   authorize the department to issue direct payment permits in certain instances.

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

     SB 47   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   provide benefit improvements for certain members of the South Dakota Retirement System and to revise the provisions for the purchase of uncredited service by members of the system.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 48   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   revise the eligibility requirements under which certain members of the South Dakota Retirement System can retire without a reduction in benefits.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 49   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   provide a dividend account for members of the South Dakota Retirement System.

     Was read the first time and referred to the Committee on Retirement Laws.

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

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the state's accounting systems and the financial statements prepared by the Bureau of Finance and Management.

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

     SB 51   Introduced by:  The Committee on Appropriations at the request of the Department of Social Services


       FOR AN ACT ENTITLED, An Act to   transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to make an appropriation therefor.

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

     SB 52   Introduced by:  The Committee on Appropriations at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   increase an appropriation from the children's trust fund and to repeal a statute that terminates an additional charge for birth records that is deposited in the fund.

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

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

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reunification of an abused or neglected child with a parent and the subsequent termination of parental rights.

     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 Public Utilities Commission

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

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

     SB 55   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

       FOR AN ACT ENTITLED, An Act to   change the name of Union County State Park.

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

     SB 56   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks


       FOR AN ACT ENTITLED, An Act to   revise the definitions of big game and small game.

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

     SB 57   Introduced by:  The Committee on State Affairs at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to anatomical gifts.

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

     SB 58   Introduced by:  The Committee on Commerce at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   establish certain fees for filing and indexing records pursuant to the Uniform Commercial Code, to establish a fund, and to appropriate the fund.

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

     SB 59   Introduced by:  The Committee on State Affairs at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   revise procedures for the preservation of historic property.

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

     SB 60   Introduced by:  The Committee on Appropriations at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   expand the uses of the special education extraordinary cost fund.

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

     SB 61   Introduced by:  The Committee on State Affairs at the request of the Department of Education and Cultural Affairs


       FOR AN ACT ENTITLED, An Act to   authorize the state historical society board of trustees to set fees for copies of the surveyor general's records and to provide for the disposition of such fees.

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

     SB 62   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   repeal certain penalties against persons teaching in nonpublic schools.

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

     SB 63   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   revise the definition of illegal substances for purposes of revoking or refusing to issue a certificate to a teacher or administrator.

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

     SB 64   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   authorize the Department of Agriculture and the Department of Game, Fish and Parks to designate certain species as needing both control and protection.

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

     SB 65   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   clarify that the estates of certain nonresidents are subject to the estate tax.

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

     Sen. Everist moved that the Senate do now adjourn for the purpose of receiving the message of the Governor in Joint Session in the House Chamber.


    Which motion prevailed and at 12:50 p.m. the Senate adjourned.

Patricia Adam, 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, William J. Janklow. The President of the Senate, Carole Hillard, presiding.

    The following prayer was delivered by the Reverend Dr. Ronald Hennies, Christ Episcopal Church, Lead, South Dakota:

    You are blessed, Lord God, Ruler of the universe, and You have given to these men and women the work of representative governance.

    Grant them courage to honestly speak the truth as they perceive it, and the grace to listen to those who see truth in another way.

    Grant them courage to seek justice for all Your people, and the grace to lay partisanship aside when it is best for the common good.

    Remove from them inordinate desire for personal gain and political advantage, and give them the grace to serve Your voiceless ones.

    In place of angry retort, give them patience and wisdom to do this good work of governance.

    And by Your Grace, help them always to remember that in this republic, as in this state, "Under God, the People Rule."

    O Tankashila, Onsiunda Miye. Amen.

    The Secretary of the Senate, Patricia Adam, called the roll of the Senate and the following members were present:

Albers; Apa; Bogue; Brosz; Brown, Arnold; Daugaard; de Hueck; Dennert; Diedrich, Larry; Diedtrich, Elmer; Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson, Ed; Putnam; Reedy; Staggers; Sutton, Dan; Symens; Vitter; Volesky; Whiting

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


Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Jim; Peterson, Bill; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton, Duane; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

    Sen. Everist 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 William J. Janklow, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Reps. Bill Peterson, Napoli, Olson, and Burg on the part of the House and Sens. Everist, Hainje, and Hutmacher on the part of the Senate.

    The Sergeant at Arms announced the arrival of the Honorable William J. Janklow, who was escorted to the rostrum.

    The Lieutenant Governor, Carole Hillard, introduced the Honorable William J. Janklow, who delivered the State of the State Address.

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

    Which motion prevailed.