JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 8, 2002


    BE IT REMEMBERED, That on the eighth day of January, A.D., two thousand two, 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-seventh 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, The Reverend Roger Easland, First Congregational United Church of Christ, Pierre:

    We come to this 2002 Legislative Session as thankful people. Thankful for the legacy of democracy entrusted to us by our forebearers. May we, with Your help O God, continue to know and sharpen the difference between democracy and tyranny. Grant us single-minded unity in our purpose, direction, and the implementation of the rule of law, so that all citizens may behave in ways that are graceful and just. We need Your help God. God, continue to bless America.

    I pray in the name of Jesus Christ, Amen.

    The Pledge of Allegiance to the flag of the United States was led by Senate page Darcy Dunker.


    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

    I further certify that the following has been appointed by the Honorable William J. Janklow, Governor of the State of South Dakota:

District No. 11  Minnehaha County
        Rebekah A. Cradduck, Sioux Falls, appointed December 4, 2001, to fill the unexpired term of Dick Hainje who resigned.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 4th day of January, 2002.

    (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 Senator-elect Rebekah Cradduck.

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

    Roll Call: All members present.

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. Arnold M. Brown be elected President Pro tempore of the Senate for the Seventy-seventh Legislative Session.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0


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

     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- seventh Legislative Session.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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-seventh 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 Assistant Majority Leader -- Ryan Olson

    Secretary to the Minority Leader -- Stana Donnelly

    Appropriations Secretary -- Rena Ortbahn

            Committee Secretaries -- Dawn Magee, Margaret Nickels

    Sergeant-at-Arms -- Curt Neuharth

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

            Pages (1st Term) -- Nikki Big Crow, Darcy Dunker, Ashley Eichstadt, Carrie Gonsor, Mariah Kennedy, Jeanette Nygaard, Shantel Penn, Heather Thompson, Hilary Van Asperen, Charly Warren, Lori Wiese

            Pages (2nd Term) -- Erin Ahles, Grant Flynn, Jing Jin, Rachel Madden, Abby Monnens, Cody Oliver, Lindsey Renner, Kyle Sydow, Stacy Vogt, Stephanie Wildberger

            Pages (3rd Term) -- Cy Fixen, Kathleen Grode, Erich Heber, Rachel Hilt, Chris Jung, Deneige Miles, Carl Rasmussen, Lisha Sandve, Catherine Schlimgen, Jael Trieb, Laura Van't Land, Kelly Wetzbarger

            Pages (4th Term) -- Janelle Booth, Ashley Burlage, Laura Daugaard, Tenise Diehl, Jessica Eikmeier, Scott Erickson, Heather Jorgensen, Katharina Kaesling, Hadley Livermont, Craig Rolfs, Kelly Sanderson

            Legislative Interns -- Jill Blasius, Timothy Bottum, Mary Foster, Matthew Gunderson, Dayna Ludwig, Debra Owen, April Reis, Jeffrey Roby, Mark Schwab

    Legislative Aides _ Steven Hofer, Jessica Sherard

    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 Assistant Majority Leader -- Ryan Olson



    Secretary to the Minority Leader -- Stana Donnelly

    Appropriations Secretary -- Rena Ortbahn

            Committee Secretaries -- Dawn Magee, Margaret Nickels

    Sergeant-at-Arms -- Curt Neuharth

    Assistant Sergeant-at-Arms -- Rollie Benson, Don Rounds

            Pages (1st Term) -- Nikki Big Crow, Darcy Dunker, Ashley Eichstadt, Carrie Gonsor, Mariah Kennedy, Jeanette Nygaard, Shantel Penn, Heather Thompson, Hilary Van Asperen, Charly Warren, Lori Wiese

            Legislative Interns -- Jill Blasius, Timothy Bottum, Mary Foster, Matthew Gunderson, Dayna Ludwig, Debra Owen, April Reis, Jeffrey Roby, Mark Schwab

    Legislative Aides -- Steven Hofer, Jessica Sherard

    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-sixth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Seventy-seventh Legislative Session.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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-seventh 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-seventh 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-seventh 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. Brown, 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-seventh Legislative Session.


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

    The President announced the appointment of the following standing committees:


    ** Denotes Chair * Denotes Vice-Chair
    Agriculture and Natural Resources (9)

    **Diedrich (Larry), *Diedtrich (Elmer), de Hueck, Ham, Koskan, Staggers, Hutmacher, Reedy, Symens
     Appropriations (9)
    **Drake, *Putnam, Apa, Cradduck, Greenfield, Kleven, Madden, Dennert, Duxbury
     Commerce (7)
    **Munson, *Brown (Arnold), 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, Koskan, Koetzle, Moore
     Legislative Procedure (7)
    **Brown (Arnold), *Everist, Bogue, 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)
    **Bogue, *Diedrich (Larry), de Hueck, Koskan, McCracken, Staggers, Koetzle, McIntyre, Moore
     Transportation (7)
    **Vitter, *Staggers, Albers, Diedrich (Larry), McCracken, Hagen, Volesky

REPORTS OF JOINT-SELECT COMMITTEES


MADAM PRESIDENT:

Your Joint-Select Committee appointed relative to securing chaplains for the Seventy-seventh Legislative Session respectfully reports:

We have conferred with the Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Pastor Roger Easland, Congregational United Church of Christ, as chief chaplain, to serve the Senate and House as chaplains throughout the Seventy-seventh session of the Legislature. The chaplains are as follows:

Stan Adelstein, Hal Barber, Theodora Boolin, Michele Bradley, Roger Easland, John Fette, Harvey Friez, Howard Grinager, Roger Heidt, Christopher Hughes, Gerry King, Dale Kutil, Dodie Noordemeer, Jerry Oberg, Ruth Oberg, William Osborn, Craig Petrick, Shirley Sandberg, Gale Shafer, Brad Urbach, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Jeff Monroe    Arlene Ham
Cooper Garnos    Royal "Mac" McCracken
Charles Flowers    Robert Duxbury
House Committee    Senate Committee

Also MADAM PRESIDENT:

        Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Seventy-seventh Legislative Session be January 8 through January 11, January 14 through January 18, January 22 through January 26, January 28 through February 1, February 4 through February 8, February 11 through February 15, February 19 through February 23, and March 12.

Respectfully submitted,                        Respectfully submitted,
Jay Duenwald                                Arnold Brown
Mike Jaspers                                Barbara Everist
Sam Nachtigal                                Garry Moore
House Committee                            Senate Committee


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 8, 2002.

        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 Senate 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 notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session be adopted.

     Which motion prevailed.


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 arranging for a Joint Session to receive the message of the Governor be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1   Introduced by:  Senators Munson, Diedtrich (Elmer), Symens, and Vitter and Representatives Monroe, Fryslie, Hanson (Gary), Hargens, Nachtigal, Peterson (Jim), Rhoden, and Van Gerpen at the request of the Interim Wind Power Generation Committee

       FOR AN ACT ENTITLED, An Act to   revise the refund of certain taxes attributed to the construction of certain new or expanded commercial power production facilities.

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

     SB 2   Introduced by:  Senators Symens, Diedtrich (Elmer), Munson, and Vitter and Representatives Hanson (Gary), Fryslie, Hargens, Nachtigal, Peterson (Jim), Rhoden, and Van Gerpen at the request of the Interim Wind Power Generation Committee

       FOR AN ACT ENTITLED, An Act to   revise the tax refund requirements for certain power production facilities.

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

     SB 3   Introduced by:  Senators Vitter, Diedtrich (Elmer), Munson, and Symens and Representatives Rhoden, Fryslie, Hanson (Gary), Hargens, Hennies (Don), Monroe, Nachtigal, Peterson (Jim), and Van Gerpen at the request of the Interim Wind Power Generation Committee

       FOR AN ACT ENTITLED, An Act to   appropriate money to conduct a wind resource assessment.

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

     SB 4   Introduced by:  Senators Symens, Diedtrich (Elmer), Munson, and Vitter and Representatives Hanson (Gary), Fryslie, Hargens, Monroe, Nachtigal, Peterson (Jim), Rhoden, and Van Gerpen at the request of the Interim Wind Power Generation Committee

       FOR AN ACT ENTITLED, An Act to   assess and tax renewable power companies.

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


     SB 5   Introduced by:  Senators Moore, Ham, McIntyre, and Sutton (Dan) and Representatives Broderick, Bradford, Gillespie, Holbeck, McCoy, Solum, Teupel, and Wick at the request of the Interim Teacher Credentialing and Compensation Committee

       FOR AN ACT ENTITLED, An Act to   establish a program for teacher mentors.

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

     SB 6   Introduced by:  Senators Moore, Ham, McIntyre, and Sutton (Dan) and Representatives Broderick, Bradford, Gillespie, Holbeck, McCoy, Solum, and Teupel at the request of the Interim Teacher Credentialing and Compensation Committee

       FOR AN ACT ENTITLED, An Act to   provide for counselors in schools.

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

     SB 7   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   provide for the leasing of certain public lands acquired by exchange.

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

     SB 8   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   authorize the lease of certain public lands for military purposes.

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

     SB 9   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   permit certain full-time postsecondary students to vote in municipal and school elections.

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

     SB 10   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain township election provisions.


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

     SB 11   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   provide a method for computing a period of time related to election notices or filings.

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

     SB 12   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   provide for the method for marking and counting ballots and to clarify the procedure for auditing ballots.

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

     SB 13   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain municipal and school election procedures.

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

     SB 14   Introduced by:  The Committee on State Affairs at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act to   revise certain requirements and responsibilities of the administrator of the Human Services Center.

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

     SB 15   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   repeal the composition of the mental health planning and coordination advisory council.

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

     SB 16   Introduced by:  The Committee on Education at the request of the Board of Regents



       FOR AN ACT ENTITLED, An Act to   provide that certain postsecondary school information be given to parents and guardians of students in middle schools and high schools.

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

     SB 17   Introduced by:  The Committee on Education at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding university admission requirements for foreign language instruction.

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

     SB 18   Introduced by:  The Committee on State Affairs at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   permit the summary disposition of certain contested cases.

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

     SB 19   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act to   create the crime of communicating a terroristic threat or hoax terroristic threat.

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

     SB 20   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to service of process on foreign corporations through the secretary of state.

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

     SB 21   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act to   prohibit tax stamping or payment of taxes on tobacco products of certain nonparticipating manufacturers and to provide for the creation of a directory for compliant nonparticipating manufacturers.


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

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

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.

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

     SB 23   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise the rule-making authority for group health plans.

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

     SB 24   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   continue to allow investigative materials to be confidential during the investigative phase and to allow the material to be obtained by parties to a complaint after a probable cause determination is made.

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

     SB 25   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   place a maximum fee for certain initial public offerings of securities.

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

     SB 26   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   authorize a civil penalty for securities violations by registered or unregistered persons or entities.

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


     SB 27   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise the requirement for review of an insurance company's actuarial data after credit unemployment rate filings.

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

     SB 28   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   eliminate the requirement that appointed scale inspectors take an oath of office and post a performance bond.

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

     SB 29   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 fees for special inspections and examination of certain weighing and measuring devices and certain standards and testing equipment.

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

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

       FOR AN ACT ENTITLED, An Act to   limit the ability of the director of the division of securities to review securities registration based on merit review.

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

     SB 31   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   update references to the codes of ethics for teachers and administrators.

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

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


       FOR AN ACT ENTITLED, An Act to   increase the pilot registration fee and to declare an emergency.

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

     SB 33   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 34   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   remove the exemption for certain tax liability on bonds issued by the Agriculture and Business Development Authority.

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

     SB 35   Introduced by:  The Committee on Government Operations and Audit at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   revise the proration of ethanol payments to ethanol producers.

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

     SB 36   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   impose a sales and use tax on mobile telecommunications services and to implement the federal uniform and simplified sourcing rules for mobile telecommunications services.

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

     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   modify the permissible exclusions for life insurance policies.

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



     SB 38   Introduced by:  The Committee on State Affairs at the request of the Department of Military and Veterans Affairs

       FOR AN ACT ENTITLED, An Act to   require certain information to be collected to create a database of certain public officials and public employees for use in the event of an emergency or disaster and to authorize administrative rules to implement the reporting procedures.

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

     SB 39   Introduced by:  The Committee on Commerce at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise the duties of the filing office in dealing with uniform commercial code records.

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

     SB 40   Introduced by:  The Committee on State Affairs at the request of the Investment Council

       FOR AN ACT ENTITLED, An Act to   allocate expenses of the investment council to certain trust funds.

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

     SB 41   Introduced by:  The Committee on State Affairs at the request of the Investment Council

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the higher education savings plan.

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

     SB 42   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the registration of sex offenders.

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

     SB 43   Introduced by:  The Committee on State Affairs at the request of the Department of Game, Fish and Parks


       FOR AN ACT ENTITLED, An Act to   permit the recording of certain deeds to or from the State of South Dakota without platting.

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

     SB 44   Introduced by:  The Committee on State Affairs at the request of the Department of Game, Fish and Parks

       FOR AN ACT ENTITLED, An Act to   modify the areas where the Game, Fish and Parks Commission may require a park license.

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

     SB 45   Introduced by:  The Committee on State Affairs at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions related to the practice of medicine or osteopathy in South Dakota while located outside of the state.

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

     SB 46   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 relating to controlled substances.

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

     SB 47   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to release juvenile information to the adult corrections system.

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

     SB 48   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   expand the Board of Pardons and Paroles to nine members.

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



     SB 49   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   authorize inmates to waive parole hearings.

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

     SB 50   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   regulate the practice of accountancy.

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


     Sen. Everist moved that the Senate do now adjourn, which motion prevailed and at 12:45 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 Pastor Roger Easland, First Congregational United Church of Christ, Pierre, South Dakota:

    God, full of wonder and the source of everything wise and good, we ask Your blessing on this Joint Session of the 2002 Legislature. We are not shy or ashamed to ask for Your help.

    Guard Your servants here against every distraction and structure of resistance. Guard our nation from tyranny and terror. Indeed, help us keep the torch of liberty burning bright.

    Bless Governor Janklow, all legislators, all civil servants, all citizens of our great state. God bless America.

    I pray in the name of Jesus Christ, 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; Cradduck; Daugaard; de Hueck; Dennert; Diedrich, Larry; Diedtrich, Elmer; Drake; Duxbury; Everist; Greenfield; Hagen; 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; 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, Bill; Peterson, Jim; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton, Duane; Teupel; Van Etten; Van Gerpen; 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, Mel Olson, and Burg on the part of the House and Sens. Everist, Bogue, 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.