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Senate Journal 1/11/2017 12:30 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 11, 2017

    The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Josh Baumann, followed by the Pledge of Allegiance led by Senate page Ellie Krizan.

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

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the first 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,
Brock L. Greenfield, Chair
    Which motion prevailed.

    The oath of office was administered to Senator Jason Frerichs at 10:30 a.m. on January 11, 2017, by the Honorable Lt. Governor, Matt Michels.

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


COMMUNICATIONS AND PETITIONS


August 5, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Patricia Lebrun, Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

    This appointment is effective August 5, 2016, and shall continue until August 8, 2022.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

August 5, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Paul R. Christen, Beadle County, Huron, South Dakota, to the South Dakota Science and Technology Authority.

    This appointment is effective August 5, 2016, and shall continue until August 8, 2022.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.
November 15, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-44 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Harlan J. Quenzer, Davison County, Mitchell, South Dakota, to the South Dakota State Railroad Board.

    This appointment is effective immediately, and shall continue until October 30, 2019.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Transportation.


November 15, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-44 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Jerry Cope, Pennington County, Rapid City, South Dakota, to the South Dakota State Railroad Board.

    This appointment is effective immediately, and shall continue until October 30, 2019.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Transportation.

March 30, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Pam Roberts, Hughes County, Pierre, South Dakota, to the State Board of Regents.

    This appointment is effective April 4, 2016, and shall continue until March 31, 2022.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.


March 30, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Honorable John Bastian, Butte County, Belle Fourche, South Dakota, to the State Board of Regents.

    This appointment is effective immediately, and shall continue until March 31, 2022.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.

June 15, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Conrad T. Adam, Hughes County, Pierre, South Dakota, to the State Board of Regents.

    This appointment is effective immediately, and shall continue until July 1, 2018.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.


December 8, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

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

    This appointment is effective January 2, 2017, and shall continue until January 1, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

November 15, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Joseph F. Kafka, Minnehaha County, Valley Springs, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective January 2, 2017, and shall continue until January 1, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.


June 30, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Robert Faehn, Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2018.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

May 17, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Mary Anne Boyd, Yankton County, Yankton, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective immediately, and shall continue until January 10, 2018.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.


December 9, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Douglas Sharp, Codington County, Watertown, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective January 11, 2017, and shall continue until January 10, 2021.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

December 9, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Gary D. Jensen, Pennington County, Rapid City, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective January 11, 2017, and shall continue until January 10, 2021.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.


February 10, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Steven R. Kalkman, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective immediately, and shall continue until January 18, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

June 30, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Gopal M. Vyas, Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2019.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.


June 15, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Kay Schallenkamp, Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2016.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.

April 19, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16G of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Reed Kessler, Brown County, Aberdeen, South Dakota, to the Board of Economic Development.

    This appointment is effective April 20, 2016, and shall continue until April 19, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

April 4, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16G of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Tom Jones, Turner County, Viborg, South Dakota, to the Board of Economic Development.

    This appointment is effective April 20, 2016, and shall continue until April 19, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.


April 4, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16G of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Sharon L. Casey, Brule County, Chamberlain, South Dakota, to the Board of Economic Development.

    This appointment is effective April 20, 2016, and shall continue until April 19, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

April 28, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Tina Van Camp, Stanley County, Fort Pierre, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 20, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Local Government.


November 3, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Scott A. Vance, Meade County, Faith, South Dakota, to the State Brand Board.

    This appointment is effective January 2, 2017, and shall continue until January 6, 2020.


Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act respectfully reports that:

    The Legislature orders 100 copies of the Senate and House bills and resolutions (each); and 60 copies of the Senate and House daily journals (each) for the Ninety-second Legislative Session.

    The free distribution of sets of bills, resolutions, and daily journals shall be as follows:

    Eight copies for the Governor's Office, thirteen copies for the Supreme Court, eleven copies for the Legislative Research Council, four copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative internet site.


    State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

    Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Research Council at a charge of $315 per set of bills and $85 per set of journals plus mailing charges, if applicable.

    One copy of the official directory (red book) shall be distributed to each Senator and Representative, four copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy for a fee of $8 payable to the Legislative Research Council.

    One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Lieutenant Governor, the Attorney General and the Supreme Court; four free copies to the State Library Depository; and one free copy to Senators and Representatives. Upon written request to the Legislative Documents Room before January 20, 2017, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $55 per copy.

    The Documents Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills for $315 per set and a set of journals for $85 per set for the Ninety-second Legislative Session, plus mailing charges, if applicable.

    Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

    Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $40 registration fee to the Secretary of State; and upon payment of an additional $315 per set of bills and $85 per set of journals plus mailing charges, if applicable, to the Legislative Research Council, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

    Bill status reports will be printed and sold to state agencies at cost and to registered lobbyists for $220 payable to the Legislative Research Council which receipted funds shall be used to pay the printing costs. If bill status is mailed, the additional cost is $125 for first-class postage.

    A free daily copy of the bill status report shall be distributed as follows:

    Governor; Speaker of the House; Speaker Pro tempore of the House; House Majority Leader; House Minority Leader; House Lobby; Chief Clerk of the House; Lieutenant Governor; President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate; Page Advisor; Attorney General; Bureau of Finance and Management; Secretary of State; Treasurer's Office; Auditor's Office; Office of School and Public Lands; and Legislative Research Council. Accomplishment of this distribution may be

satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative internet site.

    The Documents Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Lynne DiSanto    Jim White
Isaac Latterell    Al Novstrup
Dan Ahlers    Troy Heinert
House Committee    Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House of Representatives and Senate respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on January 19, 2017, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Joint Session will be dissolved.

    The Memorial Resolution shall be printed in the House and Senate Journals.

Respectfully submitted,     Respectfully submitted,
Mike Stevens        Gary Cammack
Charles Turbiville    Phil Jensen
Julie Bartling    Jason Frerichs
Karen Soli    Senate Committee
House Committee

Also MR. PRESIDENT:

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

    We have conferred with the Pierre/Ft. Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Pastor John Armstrong, Oahe Presbyterian Church, as chief chaplain, to serve the Senate and House as chaplains throughout the Ninety-second session of the Legislature. The chaplains are as follows:


    John Armstrong, Dan Bader, Josh Baumann, Paul Bly, Larry Cass, Roger Easland, John Fette, Ron Garry, Mercy Hobbs, Joe Holzhauser, David Hussey, Kimberley LaPlante, Auggie Minzlaff, Sunshine Minzlaff, Peggy Stempson, Craig Wexler, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Sean McPherson     Ernie Otten
Bob Glanzer     Brock Greenfield
Karen Soli    Jason Frerichs
House Committee    Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-second Legislative Session be January 10 through January 13, January 17 through January 20, January 23 through January 26, January 31 through February 3, February 6 through February 9, February 13 through February 16, February 21 through February 24, February 27 through March 2, March 6 through March 10, and March 27.

Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Brock Greenfield
Arch Beal    R. Blake Curd
Susan Wismer    Billie Sutton
House Committee    Senate Committee


Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

    In regard to the system for payment of travel expenses to legislators we respectfully report that:

    (1) A form listing each weekend during session will be delivered to legislators. Legislators will be asked to list their travel on that single sheet which would be signed and turned in at the close of session. Also, pursuant to statute, a voucher must also be signed by each legislator requesting travel reimbursement.

    (2) Legislators driving their own car home for a weekend will receive mileage paid at state rates (42 cents per mile). Legislators not driving home will not be entitled to reimbursement unless they leased a vehicle or somehow incurred an expense, equivalent to 42 cents per mile, in such travel.


    (3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 42 cents per mile.

    (4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 42 cents per mile.

    (5) A maximum of ten trips will be considered for the 2017 Legislative Session, including the trip for the final legislative day.

    (6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre and their final trip home at the rate of 5 cents per mile.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Brock Greenfield
Lee Qualm    R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

MESSAGES FROM THE HOUSE

    Unless there is an objection, we will waive the reading of the messages from the House.

    Hearing no objections, the reading was waived.

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Haggar, Kent Peterson, and Bartling, as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session of the two houses to receive the message of the Governor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Haggar, Kent Peterson, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, and Hawley as a committee of three on the part of the House to

meet with a like committee on the part of the Senate relative to the Joint Rules for the Ninety-second Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rhoden, Beal, and Wismer as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for legislative days for the members, officers, and employees of the Senate and House.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the House and Senate for the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. DiSanto, Latteral, and Ahlers as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals, and bills and other legislative printing for the two houses and the state offices, with the full power to act.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. McPherson, Glanzer, and Soli as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to securing chaplains for the Ninety-second Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Stevens, Turbeville, Bartling and Soli as a committee of four on the part of the House to meet with a committee of three on the part of the Senate for the purpose of arranging for a memorial recognition of deceased former members of the House and Senate.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Qualm, Johns, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session of the Senate and House of Representatives to receive a message from the Chief Justice of the Supreme Court.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Qualm, Peterson, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to make arrangements for a Joint Session to hear the message from a Tribal Chairman on the State of the Tribes.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted 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 to receive any communications he may desire to make.

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Judiciary message of the Honorable David Gilbertson, Chief Justice of the Supreme Court.

Respectfully submitted,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Curd moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Thursday, January 12th, the 3rd legislative day.

    Which motion prevailed.



FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 53 Introduced by: The Committee on Legislative Procedure at the request of the Office of the Secretary of State

    FOR AN ACT ENTITLED, An Act to create a campaign finance ethics commission and to establish certain powers and procedures for the commission.

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

    SB 54 Introduced by: The Committee on Legislative Procedure at the request of the Office of the Secretary of State

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

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

    SB 55 Introduced by: Senators Monroe, Ewing, Jensen (Phil), Nelson, Stalzer, and Wiik and Representatives Campbell, Frye-Mueller, Goodwin, Heinemann, and Howard

    FOR AN ACT ENTITLED, An Act to protect the teaching of certain scientific information.

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

    Sen. Haverly moved that the Senate do now adjourn, which motion prevailed and at 1:00 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 13 of the Senate Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Chaplain, Bishop David B. Zellmer, South Dakota Synod of the ELCA, Sioux Falls, South Dakota:

    Deuteronomy 16:18-20 ... You shall appoint judges and officials throughout your tribes, in all your towns that the Lord is giving you, and they shall render just decisions for

the people. ... Justice and only justice, you shall pursue, so that you may live and occupy the land that the Lord your God is giving you.

    Blessed are You oh Lord our God, King of the Universe. We give thanks and praise for the gift of the law that provides order and the protection for your people. We lift up and ask your continued blessing upon Chief Justice Gilbertson, our Supreme Court and our Judges and Magistrates across this state. That blessed with wisdom and courage they may judge wisely and that justice and mercy may prevail.

    We pray as well for our Governor, Senators, House of Representatives and all elected and appointed officials and that through their work, deliberations and leadership the people of South Dakota might be served and that liberty and the common good might be put forward.

    In Your Holy Name we Pray. Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten, Ernie; Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg.

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

Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; McCleerey; McPherson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson.

    Sen. Curd moved that a committee of three on the part of the Senate and a committee of five on the part of the House be appointed to escort the Honorable David Gilbertson, Chief Justice of the state of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Curd, Maher, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, Haggar, Hawley, and Bartling on the part of the House.

    The Sergeant at Arms announced the arrival of Chief Justice David Gilbertson, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable David Gilbertson, who delivered the State of the Judiciary Address.



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

    Which motion prevailed.

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