JOURNAL OF THE SENATE

NINETIETH SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 14, 2015

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

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate page Savannah Boltjes.

    Roll Call: All members present except Sens. Holien and Van Gerpen 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 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,
Corey Brown, Chair

    Which motion prevailed.
REPORTS OF JOINT-SELECT COMMITTEES


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 Ninetieth 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 (37 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 37 cents per mile, in such travel.

    (3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 37 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 37 cents per mile.

    (5) A maximum of ten trips will be considered for the 2015 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,
Dean Wink    Corey Brown
Brian Gosch    Tim Rave
Spencer Hawley    Billie Sutton
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 Ninetieth Legislative Session be January 13 through January 16, January 20 through January 23, January 26 through January 30,

February 3 through February 6, February 9 through February 12, February 17 through February 20, February 24 through February 27, March 3 through March 6, March 9 through March 13, and March 30.

Respectfully submitted,    Respectfully submitted,
Mike Stevens    Corey Brown
Kris Langer    Tim Rave
Peggy Gibson    Billie Sutton
House Committee    Senate Committee

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 arranging 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 for the purpose of 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 to receive the State of the Judiciary 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. Mickelson, Westra, 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 adopted the report of the Joint-Select Committee for the purpose of notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Westra, 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. Wink, Gosch, 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 Ninetieth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Stevens, Langer, and Gibson 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. Wink, Gosch, 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 Ninetieth 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. Craig, Hickey, 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 Ninetieth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Haggar, Bolin, and Hawks 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. Craig, Hickey, Hunt, and Feickert 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.

Respectfully,
Arlene Kvislen, Chief Clerk

    Sen. Ewing moved that the Senate do now adjourn, which motion prevailed and at 12:50 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 14 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 Zellmer, South Dakota Synod of the ELCA, Sioux Falls, South Dakota:

    Deuteronomy 1 _ Choose from each of your communities individuals who are wise, discerning, and reputable to be your judges... and Moses said, give the members of your community a fair hearing, and judge rightly between one person and another whether citizen or

resident alien. You must not be partial in judging, hear out the small and great alike; you shall not be intimated by anyone.

    Heavenly Father,

    You have gifted us with the law and we have set aside these wise and discerning men and women to be judges over us. Bless their discerning and judgements that they might be fair and equitable to both the small and great. We pray for Chief Justice Gilbertson, the Supreme Court Justices and all the Judges and Magistrates who serve in South Dakota.

    In this time we pray for all those who go in harms way to keep us safe, especially those who serve in Law Enforcement. We remember those who have died in keeping us safe.

    Bless as well our Governor, Senators and Representatives and all those who have been set aside to serve.

    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:

Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield, Brock; Haggar, Jenna; Haverly; Heineman, Phyllis; Heinert; Hunhoff, Bernie; Jensen, Phil; Lederman; Monroe; Novstrup, David; Olson; Omdahl; Otten, Ernie; Parsley; Peters; Peterson, Jim; Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White.

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

Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield, Lana; Haggar, Don; Harrison; Haugaard; Hawks; Hawley; Heinemann; Hickey; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Kaiser; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink.

    Sen. Rave 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. Brown, Rave, and Sutton on the part of the Senate and Reps. Gosch, Westra, Mickelson, 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. Rave moved that the Joint Session do now dissolve.

    Which motion prevailed.