JOURNAL OF THE SENATE

EIGHTIETH SESSION  




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 11, 2005

     BE IT REMEMBERED, That on the eleventh day of January, A.D., two thousand five, 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 Eightieth regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Dennis Daugaard in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

    The following prayer was offered by the Chaplain, Pastor Genie Butler, First United Methodist Church, Pierre.

    Gracious God, as a new legislative season unfolds before us, we give You thanks for the opportunities to serve that lie ahead of us this year. We ask Your guidance, Your wisdom, Your presence with each of these Senators who have gathered from across our state. We know that sometimes the days will be long, with many demands upon their time. Give them Your discernment so that they may use their energies in ways that are beneficial to themselves and to South Dakota.

    Give this body the grace to respect the differences that will arise, and to work in harmony for the benefit of all and for Your greater glory. And give them the humility to remember that You are the author of all law, the giver of all opportunity, and the creator of all persons in all of their diversity, and on whose behalf our work is done. In gratitude we pray this day, Amen.

    The Pledge of Allegiance to the flag of the United States was led by Senate page McKinzie Hopkins.


    I, CHRIS NELSON, Secretary of State of the State of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 2, 2004, are hereby certified as members of the Senate of the 2005-2006 Legislative Sessions:

District No.  1  Day, Marshall and Roberts Counties
            Gary D. Hanson, Sisseton

District No.  2  Brown and Spink Counties
            Jim Hundstad, Bath

District No.  3  Brown and McPherson Counties
            Duane Ormun Sutton, Aberdeen

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

District No.  5  Codington County
            Lee Schoenbeck, Watertown

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

District No.  7  Brookings County
            Orville B Smidt, Brookings

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

District No.  9  Minnehaha County
            Thomas A. Dempster, Sioux Falls

District No. 10  Lincoln and Minnehaha Counties
            Gene G. Abdallah, Sioux Falls

District No. 11  Lincoln and Minnehaha Counties
            Jason M. Gant, Sioux Falls

District No. 12  Lincoln and Minnehaha Counties
            William F. Earley, Sioux Falls

District No. 13  Minnehaha County
            Dick Kelly, Sioux Falls

District No. 14  Minnehaha County
            David L. Knudson, Sioux Falls


District No. 15  Minnehaha County
            Gil Koetzle, Sioux Falls

District No. 16  Lincoln and Union Counties
            Mike Broderick, Canton

District No. 17  Clay and Turner Counties
            Ben (BJ) Nesselhuf, Vermillion

District No. 18  Yankton County
            Garry A. Moore, Yankton

District No. 19  Bon Homme, Douglas, Hutchinson and Turner Counties
            Frank J. Kloucek, Scotland

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

District No. 21  Brule, Buffalo, Charles Mix and Gregory Counties
            Julie Bartling, Burke

District No. 22  Beadle, Hand, and Jerauld Counties
            Tom Hansen, Huron

District No. 23  Campbell, Edmunds, Faulk, Hyde, McPherson, Potter and Walworth Counties
             Jay L. Duenwald, Hoven

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

District No. 25  Hanson, McCook and Minnehaha Counties
            Clarence Kooistra, Garretson

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

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

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

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

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


District No. 31  Lawrence County
            Jerry Apa, Lead

District No. 32  Pennington County
            Stanford M. Adelstein, Rapid City

District No. 33  Meade and Pennington Counties
            J.P. Duniphan, Rapid City

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

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

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 8th day of December, 2004.

    (SEAL)

Chris Nelson

Secretary of State

    I, CHRIS NELSON, Secretary of State of the state of South Dakota, do hereby certify that on the fourth day of January, A.D., two thousand five, at the hour of three o'clock meridian, the Honorable Chris Nelson, Secretary of State of the state of South Dakota, in the Supreme Court chambers of the Capitol Building, at the seat of state government in Pierre, administered the oath of office to the following public utilities commissioner officer-elect which was subscribed to and placed on file in the office of the Secretary of State of the state of South Dakota:

Public Utilities Commissioner _ Dustin "Dusty" Johnson

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 6th day of January, 2005.

    (SEAL)

Chris Nelson

Secretary of State


    The oath of office was administered by the Honorable Judith K. Meierhenry, Justice of the Supreme Court of the State of South Dakota, to the following Senators-elect:

Gene G. Abdallah                        Dave Knudson    
Stanford M. Adelstein                        Gil Koetzle
Jerry Apa                                Clarence Kooistra
Julie Bartling                                John Koskan
Eric H. Bogue                                Jim Lintz
Mike Broderick                            Royal "Mac" McCracken


Thomas A. Dempster                        Kenneth McNenny
Jay Duenwald                                Garry A. Moore
J.P. Duniphan                                William M. Napoli
William F. Earley                        Ben Nesselhuf
Jason M. Gant                                Ed Olson
Bob Gray                                Jim Peterson
Brock L. Greenfield                        Lee Schoenbeck
Tom Hansen                                Orville B. Smidt
Gary D. Hanson                            Dan Sutton
Jim Hundstad                                Duane Sutton
Dick Kelly                                Theresa "Huck" Two Bulls
Frank J. Kloucek

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

    Roll Call: All members present.

COMMUNICATIONS AND PETITIONS



November 22, 2004

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501

                                    Re: Appointment of Michael J. McGreevy,
                                        to the Board of Pardons and Paroles

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, the Court has appointed Michael J. McGreevy, an attorney from Mitchell, South Dakota to the Board of Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the Senate for consent during the next Legislative Session.

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

Very truly yours,
Shirley A. Jameson-Fergel


    The President referred the appointment to the Committee on Judiciary.


MOTIONS AND RESOLUTIONS


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

    Which motion prevailed.

    Sen. Bogue moved that Sen. Schoenbeck be elected President Pro tempore of the Senate for the Eightieth Legislative Session.

    The question being on Sen. Bogue's motion that Sen. Schoenbeck be elected President Pro tempore of the Senate for the Eightieth Legislative Session.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls; Schoenbeck

     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 Judith Meierhenry, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Lee Schoenbeck.

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

    Sen. Bogue moved that Patricia Adam be elected Secretary of the Senate for the Eightieth Legislative Session.

    The question being on Sen. Bogue's motion that Patricia Adam be elected Secretary of the Senate for the Eightieth Legislative Session.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls; Schoenbeck



     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 Judith Meierhenry, 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 Eightieth Legislative Session:

    First Assistant to the Secretary -- Trudy Evenstad

    Second Assistant to the Secretary -- Joan Johnson

    Third Assistant to the Secretary -- Kay Agena

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Donald Carr

    Appropriations Secretary -- Barb Bjorneberg

            Committee Secretaries -- Naida Adams, Cindy Tryon

    Sergeant at Arms -- Curt Neuharth

    Assistant Sergeants at Arms -- Rollie Benson, Don Rounds

            Pages (1st Term) -- Diana Arbach, Jessica Berg, Alicia Coggins, Amber Dellman, Samuel Drown, Mandy Ellefson, McKinzie Hopkins, Hayes Meckle, Sarah Nagel

            Pages (2nd Term) -- Whitney Carlson, Emily Haney-Caron, Paige Hemmah, Cassandra Hoy, Emily Jepsen, Karina Joens, David Johnson, Jennifer Lewis, Kelly Lueck, Shawn McFarland, Miranda Phelps

            Pages (3rd Term) -- Matthew Booth, Jessica Callahan, Lisa Jarovski, Jennifer Jorgensen, Kimberlee Kloucek, Shayna Monnens, Libby Olson, Seth Pearman, Cody Raterman, Amy Tulson

            Pages (4th Term) -- Barton Bartling, Meghan Byrum, Danielle Carver, Sara Larsen, Katelynn Lovrien, Jenna Mann, Eli McGehee, Sara McGirr, Kalyn McNenny, Tiffany Rolfing


            Legislative Interns -- Jeffrey Gordon, Whitney Gunderson, Emily Kerr, Michael Larson, Jennifer Miles, Abby Monnens, KyLee Schaefer, Nicholas Shaull, Erica Zerr

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

    First Assistant to the Secretary -- Trudy Evenstad

    Second Assistant to the Secretary -- Joan Johnson

    Third Assistant to the Secretary _ Kay Agena

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Rena Ortbahn

    Secretary to the Minority Leader -- Donald Carr

    Appropriations Secretary -- Barb Bjorneberg

            Committee Secretaries -- Naida Adams, Cindy Tryon
        
    Sergeant at Arms -- Curt Neuharth

    Assistant Sergeants at Arms -- Rollie Benson, Don Rounds

            Pages (1st Term) -- Diana Arbach, Jessica Berg, Alicia Coggins, Amber Dellman, Samuel Drown, Mandy Ellefson, McKinzie Hopkins, Hayes Meckle, Sarah Nagel

            Legislative Interns -- Jeffrey Gordon, Whitney Gunderson, Emily Kerr, Michael Larson, Jennifer Miles, Abby Monnens, KyLee Schaefer, Nicholas Shaull, Erica Zerr

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

MOTIONS AND RESOLUTIONS


    Sen. Bogue moved that the permanent joint rules and the permanent Senate rules of the Seventy-ninth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Eightieth Legislative Session.

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

     And the roll being called:



     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls; Schoenbeck

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

    Sen. Bogue 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. Schoenbeck, Bogue, and Moore.

    Sen. Bogue 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. Schoenbeck, Bogue, and Moore.

    Sen. Bogue 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 Eightieth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Schoenbeck, Bogue, and Moore.

    Sen. Bogue 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 Eightieth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Smidt, Earley, and Dan Sutton.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of inviting the Chief Justice of the Supreme Court to address a Joint Session on the state of the Judiciary and to make arrangements therefor.


    Which motion prevailed and the President appointed as such committee Sens. Bogue, Schoenbeck, and Moore.

    Sen. Bogue 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. Schoenbeck, Koskan, and Moore.

    Sen. Bogue 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 Eightieth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Schoenbeck, Bogue, and Moore.

    Sen. Bogue 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 Eightieth 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. Schoenbeck, Bogue, and Moore.

    Sen. Bogue 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. McNenny, Ed Olson, and Bartling.

    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)
    **Duenwald, *Kooistra, Dempster, Hansen (Tom), Koskan, Lintz, McNenny, Kloucek, Peterson (Jim)
     Appropriations (9)
    **Apa, *Earley, Gant, Greenfield, Napoli, Smidt, Sutton (Duane), Bartling, Hanson (Gary)
    Commerce (7)
    **McCracken, *Broderick, Abdallah, Kelly, Schoenbeck, Koetzle, Sutton (Dan)
     Education (7)
    **Olson (Ed), *Bogue, Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim)
     Government Operations and Audit (5)
    **Gant, *Koskan, Apa, Earley, Moore
     Health and Human Services (7)
    **Dempster, *Hansen (Tom), Adelstein, Duniphan, Olson (Ed), Sutton (Dan), Two Bulls
     Judiciary (7)
    **Abdallah, *Schoenbeck, Gray, Knudson, Koskan, Koetzle, Moore
     Legislative Procedure (7)
    **Schoenbeck, *Bogue, Duenwald, Gray, Koskan, Hanson (Gary), Moore
     Local Government (7)
    **Duniphan, *Gray, Aldelstein, Broderick, Dempster, Kloucek, Two Bulls
     Retirement Laws (5)
    **Greenfield, *Earley, Apa, Koetzle, Sutton (Dan)
     State Affairs (9)
    **Bogue, *Koskan, Abdallah, McCracken, McNenny, Olson (Ed), Schoenbeck, Moore, Sutton (Dan)
     Taxation (9)
    **Knudson, *Lintz, Duenwald, Hansen (Tom), Kelly, Kooistra, Hundstad, Nesselhuf, Peterson (Jim)
     Transportation (7)
    **Kelly, *Broderick, Lintz, McCracken, McNenny, Hundstad, Kloucek


CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES


MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 11, 2005.


    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved.

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

Respectfully submitted,    Respectfully submitted,
Thomas Deadrick    Lee Schoenbeck
Joel Dykstra    Eric Bogue
Margaret Gillespie    Garry Moore
House Committee    Senate Committee

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

    Which motion prevailed.

Also MR. PRESIDENT:

        Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Thomas Deadrick    Lee Schoenbeck
Joel Dykstra    Eric Bogue
Margaret Gillespie    Garry Moore
House Committee    Senate Committee

    Sen. Bogue 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 MR. PRESIDENT:

        Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Chief Justice of the Supreme Court respectfully reports:

        That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:15 p.m., January 12, 2005.

        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, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

        That when the message of the Chief Justice has been received, the Joint Session be dissolved.

        That the message of the Chief Justice be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Eric Bogue
Joni Cutler    Lee Schoenbeck
Dale Hargens    Garry Moore
House Committee    Senate Committee

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

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1   Introduced by:  Senators Peterson (Jim), Dempster, Greenfield, Hundstad, Kloucek, Knudson, and Lintz and Representatives Hargens, Deadrick, Fryslie, Murschel, Rhoden, and Weems at the request of the Interim Committee on Property Assessment

       FOR AN ACT ENTITLED, An Act to   revise the method used to determine the capacity of land to produce agricultural products.

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


     SB 2   Introduced by:  Senators Lintz, Greenfield, Hundstad, and Peterson (Jim) and Representatives Hargens, Deadrick, Fryslie, and Rhoden at the request of the Interim Committee on Property Assessment

       FOR AN ACT ENTITLED, An Act to   revise the procedure for assessing agricultural property and to repeal certain factors used to determine which sales may be used in assessing property.

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

     SB 3   Introduced by:  Senators Lintz, Greenfield, Hundstad, Knudson, and Peterson (Jim) and Representatives Hargens, Deadrick, Fryslie, and Rhoden at the request of the Interim Committee on Property Assessment

       FOR AN ACT ENTITLED, An Act to   require written statements to be filed concerning the leasing of agricultural land and to provide for the confidentiality and usage of such information.

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

     SB 4   Introduced by:  Senators Dempster, Greenfield, Hundstad, and Knudson and Representatives Sebert, Deadrick, Fryslie, Hargens, Murschel, Rhoden, and Weems at the request of the Interim Committee on Property Assessment

       FOR AN ACT ENTITLED, An Act to   establish certain subclassifications for agricultural property.

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

     SB 5   Introduced by:  Senators Kloucek, Dempster, Hundstad, Knudson, Lintz, and Peterson (Jim) and Representatives Fryslie, Deadrick, Hargens, Murschel, Rhoden, Sebert, and Weems at the request of the Interim Committee on Property Assessment

       FOR AN ACT ENTITLED, An Act to   permit adjustment for certain factors that may affect the agricultural income value of land.

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

     SB 6   Introduced by:  Senators Earley, Adelstein, Apa, Bartling, Greenfield, and Sutton (Duane) and Representatives Klaudt, Dennert, Glenski, and Putnam at the request of the Special Committee on Appropriations

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the appropriations process.



     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 Office of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise the notice requirements for road district elections.

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

     SB 8   Introduced by:  The Committee on Local Government at the request of the Office of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning voter tabulation systems.

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

     SB 9   Introduced by:  Senators Kelly and Koskan and Representatives Putnam, Buckingham, Hackl, Pederson (Gordon), and Schafer at the request of the Interim Committee on Bureau of Information and Telecommunications Agency Review

       FOR AN ACT ENTITLED, An Act to   repeal certain obsolete provisions relating to a plan for integrated telecommunications functions and facilities.

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

     SB 10   Introduced by:  Senators Kelly and Koskan and Representatives Putnam, Buckingham, Hackl, Pederson (Gordon), and Schafer at the request of the Interim Committee on Bureau of Information and Telecommunications Agency Review

       FOR AN ACT ENTITLED, An Act to   revise certain references to the Rural Development Telecommunications Network language with appropriate references to the Digital Dakota Network.

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

     SB 11   Introduced by:  Senator Kooistra and Representative Roberts

       FOR AN ACT ENTITLED, An Act to   require that all standardized achievement tests be monitored and that sanctions be imposed when unsatisfactory academic progress is identified.


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

     SB 12   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   authorize a parent to appear telephonically for a hearing to voluntarily terminate parental rights.

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

     SB 13   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   create certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates.

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

     SB 14   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   modify provisions related to the payment of unemployment insurance benefits.

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

     SB 15   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   provide that certain submissions constitute waiver of the right to change a hearing examiner in certain contested cases regarding workers' compensation.

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

     SB 16   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the statutes of limitation for workers' compensation claims.

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



     SB 17   Introduced by:  The Committee on State Affairs at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the authority of the Public Utilities Commission with regard to wind energy facilities.

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

     SB 18   Introduced by:  The Committee on State Affairs at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   require the Public Utilities Commission to disburse certain bond or other proceeds to affected customers.

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

     SB 19   Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   revise the length of time for the Public Utilities Commission to act on an application for a certificate of authority for interexchange telecommunications service.

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

     SB 20   Introduced by:  The Committee on State Affairs at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   prohibit a mobile telecommunications service provider from including a subscriber's telephone number in a wireless directory assistance service database without the subscriber's authorization.

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

     SB 21   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 regulations regarding the pipeline safety inspection program.

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


     SB 22   Introduced by:  The Committee on Taxation at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   change the agency required to provide certain information regarding the value of railroad property.

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

     SB 23   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   include officers of the Federal Protective Service and United States Postal Inspection Service in the definition of a federal law enforcement officer.

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

     SB 24   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   condition certification of nonparticipating manufacturers selling tobacco products upon provision of consent to be sued in state courts for enforcement of tobacco statutes.

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

     SB 25   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   establish a fund for the payment of certain tobacco litigation expenses and to make an appropriation therefor.

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

     SB 26   Introduced by:  The Committee on Judiciary at the request of the Office of the Attorney General

       FOR AN ACT ENTITLED, An Act to   provide monetary penalties for failure of tobacco distributors and wholesalers to comply with certain cigarette regulations.

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


     SB 27   Introduced by:  Senators Kloucek, Bartling, and Peterson (Jim) and Representatives Glover and Valandra

       FOR AN ACT ENTITLED, An Act to   revise the rule-making authority regarding the mowing of ditches on the state trunk highway system.

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

     SB 28   Introduced by:  Senators Kloucek and Bartling and Representatives Valandra and Glover

       FOR AN ACT ENTITLED, An Act to   designate the prairie dog as a statewide declared pest.

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

     SB 29   Introduced by:  The Committee on Health and Human Services at the request of the Bureau of Personnel

       FOR AN ACT ENTITLED, An Act to   provide the South Dakota risk pool with the ability to enter into certain provider contracts and to declare an emergency.

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

     SB 30   Introduced by:  The Committee on Health and Human Services at the request of the Bureau of Personnel

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding creditable health insurance coverage.

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

     SB 31   Introduced by:  The Committee on Transportation at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

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



       FOR AN ACT ENTITLED, An Act to   change certain references from the Department of Revenue and Regulation to the Department of Public Safety.

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

     SB 33   Introduced by:  The Committee on Commerce at the request of the Department of Public Safety

       FOR AN ACT ENTITLED, An Act to   update certain provisions for specifications and tolerances for weighing and measuring devices.

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

     SB 34   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   make an additional appropriation to construct a thermophilic anaerobic manure digestion system for the South Dakota Agricultural Experiment Station and to declare an emergency.

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

     SB 35   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a replacement manager's dwelling at the Cottonwood Research Station, to dispose of the existing dwelling on this site, and to make an appropriation therefor.

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

     SB 36   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 accept a gift of property from the South Dakota State University Foundation.

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


     SB 37   Introduced by:  The Committee on Local Government at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   to reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

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

     SB 38   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   continue the moratorium on new nursing facility beds.

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

     SB 39   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   repeal the requirement for tuberculosis screening for school students and employees.

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

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

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

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

     SB 41   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 regarding access to vital records.

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

     SB 42   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   revise 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 Agriculture and Natural Resources.

     SB 43   Introduced by:  Senator Schoenbeck and Representatives Cutler, Hennies, O'Brien, Rave, and Rounds at the request of the Criminal Code Revision Commission

       FOR AN ACT ENTITLED, An Act to   revise the South Dakota criminal code.

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

     SB 44   Introduced by:  The Committee on State Affairs at the request of the Bureau of Administration

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the collection of debt and fees by the Bureau of Administration.

     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 Bureau of Administration

       FOR AN ACT ENTITLED, An Act to   authorize the Bureau of Administration to donate the former Governor's residence for a public purpose and to declare an emergency.

     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 Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   modify the requirements for closed block individual health benefit plans.

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

     SB 47   Introduced by:  The Committee on Taxation at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.


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

     SB 48   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   authorize the director of the Division of Banking to enter into certain interstate agreements and to establish certain procedures regarding those agreements.

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

     SB 49   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding payments or assignments by insurance producers for referrals.

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

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

       FOR AN ACT ENTITLED, An Act to   remove certain references regarding conversion from the requirements for continuation of group health coverage.

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

     SB 51   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding medicare supplement policies.

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

     SB 52   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the payment of burial expenses by life insurers and fraternal benefit societies.

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



     SB 53   Introduced by:  The Committee on Commerce at the request of the Department of Revenue and Regulation

       FOR AN ACT ENTITLED, An Act to   provide for adequate access to health care provider networks.

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

     SB 54   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   clarify the procedure to be followed for expedited abused or neglected child proceedings.

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

     SB 55   Introduced by:  The Committee on Health and Human Services at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   provide for a preference for placement of abused and neglected children with relatives and to provide a hearing for review of adoptive placement decisions.

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

     SB 56   Introduced by:  The Committee on Health and Human Services at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to preadmission assessment for admission to nursing facilities.

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

     SB 57   Introduced by:  The Committee on Health and Human Services at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   establish an intensive residential treatment center as a category of a child welfare agency.

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

     SB 58   Introduced by:  The Committee on Commerce at the request of the Department of Social Services



       FOR AN ACT ENTITLED, An Act to   require insurers to cooperate with the Department of Social Services in the coordination of medical benefits.

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

     SB 59   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   permit the involuntary feeding or hydration of a prisoner.

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

     SB 60   Introduced by:  The Committee on Judiciary at the request of the South Dakota Commission on Child Support

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child support.

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

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

       FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Science and Technology Authority to use eminent domain for certain limited purposes.

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

     SB 62   Introduced by:  The Committee on State Affairs at the request of the Department of Tourism and State Development

       FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Science and Technology Authority to invest funds with the State Investment Council.

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

     SB 63   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding pedestrian control signals.


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

     SB 64   Introduced by:  The Committee on Education at the request of the Department of Education

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding school district funds.

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

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

       FOR AN ACT ENTITLED, An Act to   revise the calculation of a school district excess general fund balance.

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

     SB 66   Introduced by:  The Committee on Education at the request of the Department of Education

       FOR AN ACT ENTITLED, An Act to   provide certain options to school boards in reorganization.

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

     SB 67   Introduced by:  Senator Schoenbeck and Representatives Hennies, Cutler, O'Brien, Rave, and Rounds at the request of the Criminal Code Revision Commission

       FOR AN ACT ENTITLED, An Act to   revise certain drug and alcohol offenses, driving offenses, and other felonious offenses.

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

     SB 68   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the licensing of estheticians.

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


     SB 69   Introduced by:  Senators McCracken, Bogue, and Smidt and Representatives Hunhoff and Dennert

       FOR AN ACT ENTITLED, An Act to   revise the administrative rules promulgation process.

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

     Sen. Schoenbeck moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, January 12, the 2nd legislative day.

     Which motion prevailed.

     Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at 12:49 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, M. Michael Rounds. The President of the Senate, Dennis Daugaard, presiding.

    The following prayer was delivered by Father James Pearson, Christ Episcopal Church, Yankton, South Dakota:

    Governor Rounds, Members of the Legislature, Fellow Citizens - Let our first act of this Joint Session be a moment of silence as we pray for those who are suffering from the tsunami and earthquake in the Indian Ocean regions. We pray for recovery, the helping hands, and generosity by all who are able to give aid and comfort. We pray as well for the cause of peace in the world, for the victims of war, and for the safety of our men and women of the Armed Forces. Let us pray.

A MOMENT OF SILENT PRAYER

    Almighty and Everlasting God, by whose Spirit the whole body of Your faithful people is governed and sanctified, send Your blessing of discernment and wisdom . . . leadership tempered by humility . . . and courage joined with compassion upon Michael our Governor, and upon each member of the Legislature.

    May we reach out to You this day and in the days to come with grateful hearts, mindful that You always first reach out to us. In Your Holy Name We Pray, Amen.



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

Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schoenbeck; Smidt; Sutton, Dan; Sutton, Duane; Two Bulls.

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

Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson, Ryan; Pederson, Gordon; Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels.

    Sen. Bogue moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable M. Michael Rounds, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Reps. Rhoden, Dykstra, Hargens, and Gillespie on the part of the House and Sens. Schoenbeck, Bogue, and Moore on the part of the Senate.

    The Sergeant at Arms announced the arrival of the Honorable M. Michael Rounds, who was escorted to the rostrum.

    The Lieutenant Governor, Dennis Daugaard, introduced the Honorable M. Michael Rounds, who delivered the State of the State Address.

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

    Which motion prevailed.