JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



FORTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 30, 2009

     The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.

     The following prayer was offered by the Chaplain, Pastor Dan Varns:

    Loving God, thank You for the countless blessings that fill our lives each day. For family, friends, freedom, and life itself. Thank You for giving each of us the privilege of serving others and for reminding us that greatness is found in serving. I pray that Your presence would be with these legislators as they complete another year of challenging work. Thank You for the guidance You have given. We also remember our troops who serve all of us by defending the freedom that comes from You. Be with their families today, and protect their lives from harm. I ask your continued blessing throughout this year on our Governor, legislators, and others who serve this state. These things I pray for Your glory. Amen.

    The Pledge of Allegiance was led by Senate page Michael Macklin.

     Roll Call: All members present except Sens. Gillespie, Gary Hanson, Jerstad, Nesselhuf, Peterson, Rhoden, and Turbak Berry who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 16, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 13, 2009, I approved Senate Bills 4, 33, 36, 37, 68, 74, 78, 136, 165, and 186, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 18, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 18, 2009, I approved Senate Bills 42, 50, 80, 88, 91, 106, and 117, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 19, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 19, 2009, I approved Senate Bills 105, 115, 147, 184, and 185, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor
March 20, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 20, 2009, I approved Senate Bills 64, 126, 129, 144, 149, and 154, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rave, Faehn, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rave, Faehn, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eighty-fourth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Knudson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

     Which motion prevailed and the President appointed as such committee Sens. Knudson, Dempster, and Heidepriem.

     Sen. Knudson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to fix the time of adjournment sine die.

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

     There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Eighty-fourth Legislative Session.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Dave Knudson
Bob Faehn    Tom Dempster
Bernie Hunhoff    Scott Heidepriem
House Committee    Senate Committee


Also MR. PRESIDENT:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Eighty-fourth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 11:13 a.m., March 30, 2009.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Dave Knudson
Bob Faehn    Thomas Dempster
Bernie Hunhoff    Scott Heidepriem
House Committee    Senate Committee

     There being no objection, the Senate proceeded to Order of Business No. 9.


CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Sen. Knudson moved that the report of the Joint-Select Committee relative to informing his Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die as found on page 788 of the Senate Journal be adopted.

    Which motion prevailed.

    Sen. Knudson moved that the report of the Joint-Select Committee relative to fixing the time of adjournment sine die of the Eighty-fourth Legislative Session as found on page 788 of the Senate Journal be adopted.

    Which motion prevailed.

     There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. 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 fixing the time of adjournment sine die for the Eighty-fourth Legislative Session.

Also MR. 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 waiting upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.


Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that the Senate do now adjourn sine die, which motion prevailed and at 11:13 a.m. the Senate adjourned.

Trudy Evenstad, Secretary