JOURNAL OF THE SENATE

SEVENTY-EIGHTH  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 14, 2003

     BE IT REMEMBERED, That on the fourteenth day of January, A.D., two thousand three, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Seventy-eighth 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 William Wilson, Grand Avenue Wesleyan Church, Pierre:

    Our Gracious Heavenly Father, You have been our faithful help in our blessed history, and You remain our only hope for a bright future. Yours alone is all authority, so I come to You today with a prayer for this governing body.

    We are grateful that You have ordained this unparalleled system of government to help us maintain freedom in our land. I pray that You would give Your blessing to all whom You have placed in authority, giving them wisdom and understanding. Please give them a love for righteousness and peace, so that under their leadership this great state of South Dakota would continue to benefit from Your grace and favor.

    Cause these men and women to be our examples of what it means to be leaders, and what it means to be servants.

    Lord, we pray for Your help in giving to our government the allegiance and respect that it deserves and in giving to You the allegiance and respect that You deserve.

    I offer this prayer to you in the name of my Savior, Jesus Christ. Amen.

     The Pledge of Allegiance to the flag of the United States was led by Senate page Heather Mangan.


    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 5, 2002, are hereby certified as members of the Senate of the 2003-2004 Legislative Sessions:

District No.  1  Day, Marshall and Roberts Counties
                Paul N. Symens, Amherst

District No.  2  Brown and Spink Counties
                H. Paul Dennert, Columbia

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

District No.  4  Brookings, Deuel, Grant and Moody Counties
                Larry Diedrich, Elkton

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
                Arnold M. Brown, 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. 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
                Kenneth D. Albers, Canton


District No. 17  Clay and Turner Counties
                John J. Reedy, 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
                Sam Nachtigal, Platte

District No. 22  Hand, Jerauld and Beadle Counties
                Robert N. Duxbury, Wessington

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

District No. 24  Hughes, Stanley and Sully Counties
                Patricia de Hueck, 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. 28  Butte, Corson, Dewey, Harding, Meade, Perkins and Ziebach Counties
                 Eric H. Bogue, Dupree

District No. 29  Butte and Meade Counties
                Marguerite Kleven, Sturgis

District No. 30  Custer, Fall River and Pennington Counties
                Drue J. Vitter, Hill City

District No. 31  Lawrence County
                Jerry Apa, Lead

District No. 32  Pennington County
                Arlene Ham, 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 Napoli, Rapid City

    I further certify that the following have been appointed by the Honorable M. Michael Rounds, Governor of the State of South Dakota:

District No. 11 Lincoln and Minnehaha Counties
                Michael V. Jaspers, Sioux Falls, appointed January 10, 2003, to fill the unexpired term of Mitch Richter who will not be taking the oath of office.

District No. 27 Bennett, Shannon and Todd Counties
                Michael S. LaPointe, Mission, appointed January 10, 2003, to fill the unexpired term of Richard "Dick" Hagen who died prior to taking office.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 13th day of January, 2003.

    (SEAL)

Chris Nelson

Secretary of State

    I, CHRIS NELSON, Secretary of State of the state of South Dakota, do hereby certify that on the eleventh day of January, A.D., two thousand three, at the hour of twelve o'clock meridian, the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota, in the rotunda of the Capitol Building, at the seat of state government in Pierre and in the presence of the legislators there assembled, administered the oath of office to the following state constitutional and public utilities commissioner officers-elect which was subscribed to and placed on file in the office of the Secretary of State of the state of South Dakota:

Governor - M. Michael Rounds having been formally sworn in on January 7, 2003, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota

Lieutenant Governor - Dennis M. Daugaard having been formally sworn in on January 7, 2003, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota

Secretary of State - Chris Nelson

Attorney General - Larry Long having been formally sworn in on January 6, 2003, by the Honorable Fredrick R. Cozad, Notary Public of the state of South Dakota

State Auditor - Rich Sattgast having been formally sworn in on January 6, 2003, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota

State Treasurer - Vernon L. Larson having been formally sworn in on January 6, 2003, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota

Commissioner of School and Public Lands - Bryce Healy, however this oath has not yet been placed on file with the Secretary of State



Public Utilities Commissioner - Gary Hanson having been formally sworn in on January 7, 2003, by the Honorable Thomas G. Leckey, Notary Public of the state of South Dakota

Public Utilities Commissioner completing the unexpired term of Laska Schoenfelder - Bob Sahr, however this oath has not yet been placed on file with the Secretary of State

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota this 13th day of January, 2003.

    (SEAL)

Chris Nelson

Secretary of State

    I, CHRIS NELSON, Secretary of State of the state of South Dakota do hereby certify that the following members elected to the Senate of the state of South Dakota for the term 2003- 2004 were administered the oath of office on the 11th day of January, 2003, at the seat of state government in Pierre by the Honorable Judith Meierhenry, Justice of the Supreme Court of the state of South Dakota, and subscribed to the same and that such oath is now on file in the office of the Secretary of State of South Dakota.

Duane Sutton
Arnold M. Brown
Dick Kelly
William M. Napoli
Dave Knudson
Tom Dempster
Jay Duenwald
Gene G. Abdallah
Arlene H. Ham
Marguerite Kleven
Jerry Apa
Eric H. Bogue
Royal "Mac" McCracken
John Koskan
Frank J. Kloucek
H. Paul Dennert
Dan Sutton
Lee Schoenbeck
Garry A. Moore
Mike Jaspers
Larry Diedrich
Patricia de Hueck
William F. Earley
Michael LaPointe

    IN TESTIMONY WHEREOF, I have set my hand and affixed the Great Seal of the state of South Dakota this 13th day of January, 2003.

    (SEAL)

Chris Nelson

Secretary of State

    I, CHRIS NELSON, Secretary of State of the state of South Dakota, do hereby certify that the following Senators were not present January 11, 2003, for the swearing in ceremonies or have yet to take the oath of office:

Kenneth D. Albers
J.P. Duniphan
Robert N. Duxbury
Brock L. Greenfield
Gil Koetzle
Clarence L. Kooistra
Sam Nachtigal
Ed Olson
John J. Reedy
Paul N. Symens
Drue J. Vitter

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 13th day of January, 2003.

    (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:

Kenneth D. Albers
J.P. Duniphan
Robert N. Duxbury
Brock L. Greenfield
Gil Koetzle
Clarence L. Kooistra
Sam Nachtigal
Ed Olson
John J. Reedy
Paul N. Symens
Drue J. Vitter

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

    Roll Call: All members present.

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. Brown be elected President Pro tempore of the Senate for the Seventy-eighth Legislative Session.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 K. Meierhenry, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Arnold M. Brown.

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

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

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 K. 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 Seventy-eighth Legislative Session:

    First Assistant to the Secretary -- Trudy Evenstad

    Second Assistant to the Secretary -- Joan Johnson

    Index Clerk -- Alma Matzen

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Melissa Kaplan

    Secretary to the Minority Leader -- Lisa Burg

    Appropriations Secretary -- Katherine Hemmer

            Committee Secretaries -- Lynn Lutter, Dawn Magee, Margaret Nickels

    Sergeant-at-Arms -- Curt Neuharth

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

            Pages (1st Term) -- Tyler Fox, Matthew Jones, Heather Mangan, Katie Jo McGuire, Hilary Miles, Brittany Reider, Michael Traxinger, Ashley Vaux, Ashlee Wendt, Katherine Willis, Kristin Zingler

            Pages (2nd Term) -- John Boettger, Sara Daugaard, Jill Denker, Daniel English, Scott Hansen, Ryun Haugaard, Alisha Hemmer, Elizabeth Mehlbrech, Megan Nachtigal, Benjamin Ringling, Shauna Swanson

            Pages (3rd Term) -- Jordan Bauer, Jan Christensen, Jessica Fjerstad, Erin Hirning, Stacie Hunhoff, Amanda Kauer, Aaron Meyer, Danielle Schmahl, Diana Sletten, Tom Stuck, Crystal Swenby, Eric Titze

            Pages (4th Term) -- Felicia Alspach, Colin Brown, Chanda Koistinen, Sarah Liebe, Jacob Mortenson, Jessica Olson, Andrea Opitz, Jessica Page, Jane Tschetter, Stefania Zanet

            Legislative Interns -- Garrett Bruening, Cody Byrum, Rebecca Carlson, Tammie Foley, Jennifer Lohrenz, Elicia Madetzke, Josh Reinfeld, Jeffery Tanner, Lonnie Wright

    Legislative Aide _ Stuart Stein

    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 named employees:

    First Assistant to the Secretary -- Trudy Evenstad

    Second Assistant to the Secretary -- Joan Johnson



    Index Clerk -- Alma Matzen

    Secretary to the President Pro Tempore -- Nancy Benson

    Secretary to the Majority Leader -- Melissa Kaplan

    Secretary to the Minority Leader -- Lisa Burg

    Appropriations Secretary -- Katherine Hemmer

            Committee Secretaries -- Lynn Lutter, Dawn Magee, Margaret Nickels
        
    Sergeant-at-Arms -- Curt Neuharth

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

            Pages (1st Term) -- Tyler Fox, Matthew Jones, Heather Mangan, Katie Jo McGuire, Hilary Miles, Brittany Reider, Michael Traxinger, Ashley Vaux, Ashlee Wendt, Katherine Willis, Kristin Zingler

            Legislative Interns -- Garrett Bruening, Cody Byrum, Rebecca Carlson, Tammie Foley, Jennifer Lohrenz, Elicia Madetzke, Josh Reinfeld, Jeffery Tanner, Lonnie Wright

    Legislative Aide -- Stuart Stein

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


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

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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. Brown, 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. Brown, 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 Seventy-eighth legislative session.

    Which motion prevailed and the President appointed as such committee Sens. Bogue, Brown, 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 Seventy-eighth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Brown, 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 Seventy-eighth Legislative Session pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President appointed as such committee Sens. Brown, 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 confer with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing for the two Houses and the state offices, with the full power to act.

    Which motion prevailed and the President appointed as such committee Sens. Brown, McCracken, 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 Seventy-eighth Legislative Session.

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

    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. Kleven, Ed Olson, and Reedy.

    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, de Hueck, 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 Joint Session to receive the budget message of the Governor.

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

     SCR 1   Introduced by:  Senator Ham

         A CONCURRENT RESOLUTION,  Requesting the Governor and the Unified Judicial System of the State of South Dakota to use all resources appropriated for the rehabilitation of juveniles in a unified manner so as to best serve both the juveniles and the tax paying citizens.

     WHEREAS,  the 2002 Juvenile Offenses and Sentencing Legislative Interim Committee found that state agencies, political subdivisions, tribes, private organizations, and school districts need to communicate more effectively and coordinate services to ensure consistent delivery; and

     WHEREAS,  early intervention and prevention are key to significantly reducing juvenile delinquency and future prison population growth; and

     WHEREAS,  family counseling services are a proven tool to help communication and reduce delinquency and strengthen the entire family; and

     WHEREAS,  the approach must be system-wide to assure the funding and hours are used in the most effective way; and

     WHEREAS,  more services must be made available to better serve all children in South Dakota, recognizing the current lack of service in remote rural areas; and

     WHEREAS,  the services to status offenders would be better provided by a system-wide approach; and

     WHEREAS,  the need for long-term follow-up for the entire family is crucial to the success of any program; and

     WHEREAS,  evaluations are needed for all programs and sunset provisions must be made to eliminate those that are not effective. For purposes of evaluation, program assessment tools shall be normed and validated, fit the intent of the program, and provide outcome measures of program accomplishments. The assessment tools shall be substantially equivalent to, or more comprehensive than, professionally recognized methods of evaluation; and

     WHEREAS,  strengthening the family is the cornerstone to the long-term solution of crime prevention and prison population increases in South Dakota and the nation; and

     WHEREAS,  long-term prevention is our goal, interim measures must be taken to treat the children of today and prepare them for tomorrow:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-eighth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Governor and the Unified Judicial System be directed to work together with all departments and other interested agencies to organize service providers into one multi-disciplinary council of juvenile services ensuring our youth have the best preventative measures and treatments available.

     Was read the first time. The President waived the referral to committee and placed SCR 1 on the calendar of Wednesday, January 15, the 2nd legislative day.

     SCR 2   Introduced by:  Senator Vitter and Representative Lintz

         A CONCURRENT RESOLUTION,  Supporting an appeal of certain federal management plans for the Nebraska National Forest and associated national grasslands in Nebraska and South Dakota.

     WHEREAS,  the United States Forest Service issued a Final Environmental Impact Statement and Land and Resource Management Plan (FEIS) in July 2001, for the Nebraska National Forest and the associated national grasslands in Nebraska and South Dakota; and

     WHEREAS,  the national grasslands associated with the Nebraska National Forest for administrative purposes include the Buffalo Gap National Grasslands, the Fort Pierre National Grasslands in South Dakota, and the Oglala National Grasslands in Nebraska; and

     WHEREAS,  Fall River, Custer, Pennington, and Jackson counties submitted substantial and substantive recommendations for the FEIS during the comment period allowed by the United States Forest Service; and

     WHEREAS,  Rick Cables, Rocky Mountain Regional Forester, signed the Record of Decision (ROD) for the Nebraska National Forest Final Environmental Impact Statement and Land and Resource Management Plan on July 31, 2002; and

     WHEREAS,  the ROD failed to adopt and address the vast majority of the substantive recommendations made by Fall River, Custer, Pennington, and Jackson counties; and

     WHEREAS,  Fall River, Custer, Pennington, and Jackson counties in South Dakota; Dawes and Sioux counties in Nebraska; the Black Hills Multiple Use Coalition; the South Dakota Stockgrowers Association; the Cottonwood, Pioneer, Sugarloaf, Central South Dakota, White River, Eastern Pennington, and Indian Creek Grazing Districts; and numerous individuals and businesses holding permits for use of the Nebraska National Forest and associated grasslands have formed the Nebraska National Forest Plans Revision Appeal Coalition (Coalition); and

     WHEREAS,  the purpose of the Nebraska National Forest Plans Revision Appeal Coalition is to seek the administrative review of the ROD by the United Stated Department of Agriculture. The Coalition believes the Forest Service has not adequately addressed the potential adverse environmental and economic impacts the land and people of the region will sustain. The Coalition also believes the ROD will enhance the risk of wildfire, as the ROD calls for increased fuel loads and limitations on access for fire suppression on thousands of acres of the grasslands. The ROD makes no definitive provisions for any control of the prairie dog population and colonization of adjacent private property; and

     WHEREAS,  the ROD designates thousands of acres for the purpose of creating large, concentrated prairie dog complexes, containing thousands of prairie dogs. Large, concentrated prairie dog complexes have facilitated sylvatic and bubonic plague epidemics, decimating prairie dog populations in those areas; and

     WHEREAS,  from 1960 through 2001, thirty-three human cases of plague in the United States were, according to the United States Center for Disease Control and Prevention, positively linked with prairie dogs or their fleas, and four of those were fatal; and

     WHEREAS,  the Coalition believes that large, concentrated prairie dog populations are a threat to the health of the region's prairie dog, wildlife, and domestic animal populations and potentially to the health of the area's human population:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-eighth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports the administrative appeal initiated by the Nebraska National Forest Plans Revision Appeal Coalition; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature respectfully requests Governor Mike Rounds, Senator Tom Daschle, Senator Tim Johnson, and Representative William Janklow to request that the Undersecretary of the United States Department of Agriculture conduct a full administrative review of the ROD and that the Coalition be given the opportunity to make a verbal presentation of the appeal issued to the undersecretary.

     Was read the first time. The President waived the referral to committee and placed SCR 2 on the calendar of Wednesday, January 15, the 2nd legislative day.


    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair
     Agriculture and Natural Resources (9)
    **Diedrich (Larry), *Duenwald, de Hueck, Dempster, Kooistra, Koskan, LaPointe, Kloucek, Symens
     Appropriations (9)
    **Apa, *Sutton (Duane), Earley, Greenfield, Jaspers, Kleven, Napoli, Dennert, Duxbury
    Commerce (7)
    **McCracken, *Bogue, Abdallah, Kelly, Schoenbeck, Koetzle, Sutton (Dan)
     Education (7)
    **Olson (Ed), *Ham, Diedrich (Larry), Duenwald, Kooistra, Reedy, Symens
     Government Operations and Audit (5)
    **Kleven, *Brown, Duniphan, Koskan, Moore
     Health and Human Services (7)
    **Albers, *Olson (Ed), Brown, Dempster, Ham, Reedy, Sutton (Dan)
     Judiciary (7)
    **de Hueck, *Knudson, Abdallah, Duniphan, Schoenbeck, Koetzle, Moore
     Legislative Procedure (7)
    **Brown, *Bogue, Jaspers, Koskan, Olson (Ed), Moore, Symens
     Local Government (6)
    **Ham, *Brown, Albers, Dempster, Kloucek, Reedy
     Retirement Laws (5)
    **Albers, *Earley, Kooistra, Sutton (Dan), Symens
     State Affairs (9)
    **Bogue, *Diedrich (Larry), Duniphan, Knudson, McCracken, Olson (Ed), Vitter, Sutton (Dan), Symens
     Taxation (9)
    **Koskan, *Schoenbeck, de Hueck, Duenwald, Kelly, Kooistra, LaPointe, Moore, Nachtigal
     Transportation (7)
    **Vitter, *McCracken, Abdallah, Albers, Kelly, Kloucek, Nachtigal


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 14, 2003.

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

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

    That when the message of the Governor has been received, the Joint Session be dissolved and that the Senate retire to the Senate Chamber to proceed with its regular order of business.

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

Respectfully submitted,    Respectfully submitted,
Christopher Madsen    Arnold Brown
Larry Rhoden    Eric Bogue
Quinten Burg    Garry Moore
House Committee    Senate Committee

     Sen. Bogue moved that the report of the Joint-Select Committee relative to arranging for the Joint Session to receive the message of the Governor 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,
Christopher Madsen    Arnold Brown
Larry Rhoden    Eric Bogue
Quinten Burg    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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1   Introduced by:  Senators Brown, Albers, Dennert, Duxbury, and McCracken and Representatives Burg, Heineman, Konold, Lange, Pederson (Gordon), and Smidt at the request of the Department of Legislative Audit

       FOR AN ACT ENTITLED, An Act to   eliminate the requirement that certain nonprofit corporations file an annual report with the Department of Legislative Audit and to provide for Department of Legislative Audit approval of single audits of certain nonprofit corporations.

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

     SB 2   Introduced by:  Senators Brown, Albers, Dennert, Duxbury, and McCracken and Representatives Burg, Heineman, Konold, Lange, Pederson (Gordon), and Smidt at the request of the Department of Legislative Audit

       FOR AN ACT ENTITLED, An Act to   revise the audit requirements for state agencies and to clarify the frequency and scope of certain audits performed by the Department of Legislative Audit.

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

     SB 3   Introduced by:  Senators Vitter, Albers, Bogue, and Kelly and Representatives Hunhoff, Sebert, and Sigdestad at the request of the Interim Alcoholic Beverage Licensing and Regulation Committee

       FOR AN ACT ENTITLED, An Act to   revise the convention facility on-sale alcoholic beverage license requirements.

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

     SB 4   Introduced by:  Senators Bogue, Abdallah, Albers, Apa, Kelly, Kooistra, and Vitter and Representatives Sebert, Hargens, Hunhoff, and Sigdestad at the request of the Interim Alcoholic Beverage Licensing and Regulation Committee

       FOR AN ACT ENTITLED, An Act to   define operating agreements for the purposes of regulating and licensing alcoholic beverages.

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



     SB 5   Introduced by:  Senators Napoli, Dennert, and Sutton (Duane) and Representatives Fryslie, Bradford, Peterson (Jim), Rhoden, Smidt, and Teupel at the request of the Interim School Finance Study Committee

       FOR AN ACT ENTITLED, An Act to   appropriate money for career and technical education.

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

     SB 6   Introduced by:  Senators Olson (Ed), Dennert, Napoli, and Sutton (Duane) and Representatives Fryslie, Bradford, Peterson (Bill), Peterson (Jim), Rhoden, and Teupel at the request of the Interim School Finance Study Committee

       FOR AN ACT ENTITLED, An Act to   appropriate money for state aid to education.

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

     SB 7   Introduced by:  Senators Koskan, de Hueck, Ham, Kleven, Moore, and Nachtigal and Representatives Hennies, Konold, Madsen, Murschel, Van Gerpen, and Wick at the request of the Interim Juvenile Offenses and Sentencing Committee

       FOR AN ACT ENTITLED, An Act to   require an inventory of parenting programs and to establish a volunteer mentor program for parents.

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

     SB 8   Introduced by:  Senators Moore, de Hueck, Ham, Kleven, Koskan, and Nachtigal and Representatives Hennies, Konold, Madsen, Murschel, Van Gerpen, and Wick at the request of the Interim Juvenile Offenses and Sentencing Committee

       FOR AN ACT ENTITLED, An Act to   reconstitute the Juvenile Justice and Delinquency Act Advisory Group and to revise its authority and responsibilities.

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

     SB 9   Introduced by:  Senator Kloucek and Representative Begalka

       FOR AN ACT ENTITLED, An Act to   revise the election ballot for certain offices.

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

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


       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the publication of facsimile ballot.

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

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

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the return and canvass of votes.

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

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

       FOR AN ACT ENTITLED, An Act to   provide for more than one recount board in a county.

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

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

       FOR AN ACT ENTITLED, An Act to   implement certain provisions of the federal Help America Vote Act.

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

     SB 14   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   allow conversion of certain South Dakota Retirement System credited service by certain law enforcement officers.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 15   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   revise the filing deadline for benefits under the South Dakota Retirement System, to revise the commencement date in certain situations, and to provide a delayed effective date.

     Was read the first time and referred to the Committee on Retirement Laws.



     SB 16   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act to   revise the retirement provisions for certain members of the South Dakota Retirement System.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 17   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 law regarding pipeline safety inspection.

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

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

       FOR AN ACT ENTITLED, An Act to   revise the definition of a state agency regarding certain disclosures by a state agency of information concerning a private entity.

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

     SB 19   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   revise certain provisions relating to the funding pool established by the Department of Social Services.

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

     SB 20   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   authorize the Department of Social Services to enter into alternative arrangements for the payment of child support obligations.

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

     SB 21   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   revise the requirements for service of a notice of entry in an action involving abuse or neglect.



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

     SB 22   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   authorize a parent to appear in person, by counsel, or by telephone for a hearing to voluntarily terminate parental rights.

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

     SB 23   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   grant counties greater authority to prohibit the use of fireworks during periods of extreme fire danger.

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

     SB 24   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   authorize the secretary of agriculture to suspend or revoke an egg dealer's or processor's license for certain violations and to provide the licensee an opportunity for a hearing.

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

     SB 25   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 the schedule of certain controlled substances.

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

     SB 26   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 vital records and to authorize the electronic filing of death certificates and permits for disposition.

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



     SB 27   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

       FOR AN ACT ENTITLED, An Act to   classify mountain lions as big game.

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

     SB 28   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

       FOR AN ACT ENTITLED, An Act to   prevent certain provisions relating to the issuance, licensure, distribution, and revenue dedication requirements regarding early fall Canada goose temporary nonresident licenses and fall three-day temporary nonresident waterfowl licenses from reverting on June 30, 2003.

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

     SB 29   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 an addition to the Darold "Dud" King Physical Education Center at the South Dakota School of Mines and Technology and to make an appropriation therefor.

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

     SB 30   Introduced by:  The Committee on Legislative Procedure at the request of the Investment Council

       FOR AN ACT ENTITLED, An Act to   clarify certain prohibitions against direct or indirect benefit by members of the Investment Council.

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

     SB 31   Introduced by:  The Committee on Legislative Procedure at the request of the Investment Council

       FOR AN ACT ENTITLED, An Act to   clarify the immunity from personal liability of certain persons discharging their responsibilities under the higher education savings plan and to provide for holding them harmless under such circumstances.

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


     SB 32   Introduced by:  The Committee on Legislative Procedure at the request of the Investment Council

       FOR AN ACT ENTITLED, An Act to   exempt the higher education savings program accounts from certain claims of creditors.

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

     SB 33   Introduced by:  The Committee on Commerce at the request of the Attorney General

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

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

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

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding temporary vendors maintaining records for sales tax collection purposes and to provide a penalty for failure to comply with certain record keeping requirements.

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

     SB 35   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   require retailers to electronically file sales and contractors' excise tax returns and to electronically pay the tax.

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

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

       FOR AN ACT ENTITLED, An Act to   authorize the Department of Revenue to require fuel tax licensees to electronically file tax returns and to electronically pay the tax.

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

     SB 37   Introduced by:  The Committee on Transportation at the request of the Department of Revenue


       FOR AN ACT ENTITLED, An Act to   require the issuance of a unique identifier to certain motor vehicle owners.

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

     SB 38   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   require participation in the national assessment of educational progress.

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

     SB 39   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   revise the assessments required in public schools, the grades to be assessed, and to declare an emergency.

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

     SB 40   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   establish a statewide accountability system for public schools.

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

     SB 41   Introduced by:  The Committee on Commerce at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   provide for the creation of a no solicitation calls list for persons wishing not to receive unsolicited telephone calls, to create a telephone solicitation account, and to establish certain fees and civil penalties.

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

     SB 42   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

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

       FOR AN ACT ENTITLED, An Act to   conform medicare supplement plans to general delivery receipt requirements.

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

     SB 44   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain investigative and enforcement procedures regarding fraternal benefit societies.

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

     SB 45   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   repeal certain surplus lines broker licensing requirements.

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

     SB 46   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions providing for the registration of audiology aides.

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

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

       FOR AN ACT ENTITLED, An Act to   increase the maximum fee that may be established for licensed practical nurses, registered nurses, certified registered nurse anesthetists, clinical nurse specialists, certified nurse midwives, and certified nurse practitioners.

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

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


       FOR AN ACT ENTITLED, An Act to   include reverse distributors in the definition of wholesale drug distributors.

     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 Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Pharmacy to promulgate rules regarding the reference publications required for each licensed pharmacy.

     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 Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   apply the requirements for utilization review and independent audits to farm mutual insurers.

     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 Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Counselor Examiners to limit the number of times an examination may be taken before exhausting the original application.

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

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

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to plumbing standards.

     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 Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   clarify licensure renewal for licensed counselors.

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



     SB 54   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to notes to insurance company financial reports.

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

     Sen. Duniphan moved that the Senate do now adjourn, which motion prevailed and at 12:44 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 the Reverend James Pearson, Rector of Christ Episcopal Church, Yankton, South Dakota:

    Almighty God, whose will is always good and gracious, we beseech thee so to guide and direct our Governor, our Representatives and Senators for the well-being and happiness of thy people. Endue them with Your gifts of wisdom and vision, courage, and compassion. By Your grace, may all our work begin, continue, and end in thee. Amen.

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

Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson, Ed; Reedy; Schoenbeck; Sutton, Dan; Sutton, Duane; Symens; Vitter

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

Adelstein; Bartling; Begalka; Bradford; Buckingham, Burg; Christensen; Cradduck; Cutler; Deadrick; Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson, Mel; Olson, Ryan; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Williamson; 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. Bill Peterson, Rhoden, Mel Olson, and Burg on the part of the House and Sens. Brown, 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.