BE IT REMEMBERED, That on the thirteenth day of January, A.D., one thousand nine
hundred ninety-eight, 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-
third regular session of the Senate of the State of South Dakota was called to order by
Lieutenant Governor Carole Hillard 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 Roger Easland,
Congregational United Church of Christ, Pierre:
We pray to You, Lord God all powerful, all knowing, all present, all graceful: When we
recognize You working in our midst, in our structures, in the very marrow of our bones, You
cause us to be changed, redirected and energized. Grant us the wisdom, courage and will to put
into practice the truth You are revealing to us each day through the Living Word.
In the Name of the One who walked with our same flesh, and who is One with the Father
and who lives in us by God the Holy Spirit, Jesus Christ. Amen.
The Pledge of Allegiance to the flag of the United States was led by Senate page Angie
Highland.
District No. 1 Codington, Day, Marshall and Roberts Counties
Paul N. Symens, Amherst
District No. 2 Brown and Marshall Counties
H. Paul Dennert, Columbia
District No. 3 Brown and McPherson Counties
Jim Lawler, Aberdeen
District No. 4 Brookings, Deuel and Grant Counties
Harold W. Halverson, Twin Brooks
District No. 6 Clark, Codington, Hamlin, Kingsbury and Miner Counties
Randy Frederick, Hayti
District No. 8 Lake, Minnehaha and Moody Counties
Gerald Lange, Madison
District No. 9 McCook, Minnehaha and Turner Counties
Dennis Daugaard, Garretson
District No. 10 Lincoln and Minnehaha Counties
Dave Munson, Sioux Falls
District No. 11 Minnehaha County
Dick Hainje, Sioux Falls
District No. 12 Minnehaha County
Keith Paisley, Sioux Falls
District No. 13 Minnehaha County
Kermit L. Staggers, Sioux Falls
District No. 14 Minnehaha County
Barbara Everist, Sioux Falls
District No. 15 Minnehaha County
Rebecca J. Dunn, Sioux Falls
District No. 16 Lincoln and Union Counties
Kenneth D. Albers, Canton
District No. 18 Yankton County
Bernie Hunhoff, Yankton
District No. 19 Bon Homme, Douglas and Hutchinson Counties
Frank J. Kloucek, Scotland
District No. 20 Davison and Hanson Counties
Mel Olson, Mitchell
District No. 21 Beadle and Spink Counties
Charles Flowers, Iroquois
District No. 22 Aurora, Buffalo, Hand, Jerauld, Sanborn and Spink Counties
JoAnn Morford, Miller
District No. 23 Campbell, Edmunds, Faulk, Hyde, Potter and Walworth Counties
Robert Drake, Bowdle
District No. 24 Hughes, Lyman, Stanley and Sully Counties
M. Michael Rounds, Pierre
District No. 25 Brule, Charles Mix, Gregory and Lyman Counties
James K. Hutmacher, Chamberlain
District No. 26 Bennett, Haakon, Jackson, Jones, Lyman, Mellette and Tripp Counties
Robert Benson, Clearfield
District No. 27 Bennett, Shannon and Todd Counties
Paul Valandra, Mission
District No. 28 Butte, Corson, Dewey, Harding, Perkins and Ziebach Counties
William J. Johnson, Buffalo
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
James B. Dunn, Lead
District No. 32 Pennington County
Arlene H. Ham, Rapid City
District No. 34 Pennington County
Jerry J. Shoener, Rapid City
District No. 35 Pennington County
Alan Aker, Rapid City
I further certify that the following have been appointed by the Honorable William J.
Janklow, Governor of the State of South Dakota:
District No. 5 Codington County
Don Brosz, Watertown, appointed December 15, 1997, to fill the unexpired
term of Jim Thompson who resigned.
District No. 7 Brookings County
Arnold M. Brown, Brookings, appointed January 22, 1997, to fill the
unexpired term of Richard R. Negstad who died.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of
the state of South Dakota, this 7th day of January, 1998.
(SEAL)
The oath of office was administered by the Honorable John Konenkamp, Justice of the
Supreme Court of the State of South Dakota, to Don Brosz.
Which was subscribed to and placed on file in the office of the Secretary of State.
Roll Call: All members present except Sen. Valandra who was excused.
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
This appointment is effective immediately, and shall continue until January 1, 1998.
August 13, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Marvin G. Schamber, Bon
Homme County, Springfield, South Dakota, to the Career Service Commission.
This appointment is effective immediately, and shall continue until April 22, 2001.
September 16, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Tony L. Berg, Tripp
County, Winner, South Dakota, to the State Board of Directors for Educational
Telecommunications.
This appointment is effective immediately, and shall continue until July 1, 1999.
October 30, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam 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 Peter A. Gustaf, Lake
County, Madison, South Dakota, to the South Dakota Board of Education.
This appointment is effective immediately, and shall continue until December 31, 2000.
October 22, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Section 9, Article IV, of the Constitution and Chapters 1-32 and 1-36A of the South Dakota Codified Laws and subject to your consent, I have the honor to
inform you that I have appointed John N. Jones, Hughes County, Pierre, South Dakota, as
Secretary of the Department of Human Services.
This appointment is effective October 27, 1997, and shall continue at the pleasure of the
Governor.
June 4, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Dorothy J. Howe,
Hughes County, Pierre, South Dakota, to the South Dakota Crime Victims' Compensation
Board.
This appointment is effective immediately, and shall continue until July 1, 1999.
April 7, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
This appointment is effective immediately, and shall continue until January 1, 2000.
April 7, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam 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 Kenneth A. Barker, Butte
County, Belle Fourche, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective immediately, and shall continue until January 10, 2001.
May 27, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
This appointment is effective immediately, and shall continue until March 31, 2003.
August 15, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed James A. Ahrendt,
Yankton County, Yankton, South Dakota, to the Career Service Commission.
This appointment is effective immediately, and shall continue until April 22, 1999.
September 16, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Robert D. Hofer, Hughes
County, Pierre, South Dakota, to the State Board of Directors for Educational
Telecommunications.
This appointment is effective immediately, and shall continue until July 1, 2000.
September 16, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Charles E. Clay, Fall
River County, Hot Springs, South Dakota, to the State Board of Directors for Educational
Telecommunications.
This appointment is effective immediately, and shall continue until July 1, 1998.
April 7, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
This appointment is effective immediately, and shall continue until January 10, 2001.
May 21, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam 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 Jack G. Rentschler,
Minnehaha County, Sioux Falls, South Dakota, to the State Board of Regents.
This appointment is effective immediately, and shall continue until March 31, 2003.
December 15, 1997
The Honorable Carole Hillard
President of the Senate
500 East Capitol
Pierre, SD 57501
Re: Appointments to Board of Pardons and Paroles
Dear Madam President and Members of the Senate:
These appointments are effective immediately and shall continue until January 2001.
December 15, 1997
The Honorable Carole Hillard
President of the Senate
500 East Capitol
Pierre, SD 57501
Re: Appointment to Victims Compensation Commission
Dear Madam President and Members of the Senate:
Pursuant to the provisions of SDCL 23A-28B-5, and subject to your consent, I have the
honor to inform you that I have appointed Michael Demery to the Victims Compensation
Commission.
This appointment is effective immediately and shall continue until July 2000.
Which motion prevailed.
Sen. Rounds moved that Sen. Halverson be elected President Pro tempore of the Senate for
the Seventy-third Legislative Session.
The question being on Sen. Rounds' motion that Sen. Halverson be elected President Pro tempore of the Senate for the Seventy-third Legislative Session.
Excused were:
Aker; Munson (David); Valandra
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 John Konenkamp, Justice of the
Supreme Court of the State of South Dakota, to President Pro tempore Harold W. Halverson.
Which was subscribed to and placed on file in the office of the Secretary of State.
Sen. Rounds moved that Patricia Adam be elected Secretary of the Senate for the Seventy-
third Legislative Session.
The question being on Sen. Rounds' motion that Patricia Adam be elected Secretary of the
Senate for the Seventy-third Legislative Session.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Excused were:
Aker; Valandra
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 John Konenkamp, 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.
First Assistant to the Secretary -- Helen Harryman
Second Assistant to the Secretary -- Joan Johnson
Index Clerk -- Trudy Evenstad
Secretary to the Majority Leader -- Mary Lloyd
Secretary to the Minority Leader -- Debra Elofson
Secretary to the President Pro tempore -- Alma Matzen
Committee Secretaries -- Doris Donner, Carol Enright, Margaret Nickels, Cynthia Scott,
Jean Smith
Sergeant-at-Arms -- Curt Neuharth
Assistant Sergeants-at-Arms -- Rollie Benson, Alice Mae Kennedy, Don Rounds, Milo
Smith
Postal Clerk - David Jagim
Documents Clerk -- Leo Pietrus
Pages (1st Term) -- Leah Ahles, Michelle Balfe, Allyson Friez, Kristina Grey, Jennifer
Haverty, Mark Helberg, Angie Highland, Aaron Matson, Trudy Wastweet, Mike
Whitford
Pages (2nd Term) -- Kristen Coster, Jenny Dempster, Shanna Finnegan, Eric Henning,
Tom Hettich, Courtney Johnson, Clarice Jones, Chris Maunu, Stephanie Sealey,
Wendy Semmler, Lisa Spotted Tail
Pages (3rd Term) -- Courtney Brannan, Brooke Drewes, Holly Haanen, Anna Lakness,
Quentin Riggins, Holly Rounds, Jeremy Smith, Brandon Stengel, John Ullmann,
Shawna Wood
Pages (4th Term) -- Spencer Arne, Alison Benning, Katie Doblar, Brent Kruse, Jessica
McManus, Malene Randall, Michael Reddy, Lindsey Roesch, Kati Seymour, Libby
Stengel
Legislative Interns -- Neil Chaney, Rebecca Hauger, Jennifer Johnson, Craig Johnson,
Jennifer Lake, Ann Nielsen, Stacie Suedkamp, Shawn Van Gerpen
Legislative Aides -- Carrie Clark, Erin Foy, Grant Hosmer, Sara R. Thorson
First Assistant to the Secretary -- Helen Harryman
Second Assistant to the Secretary -- Joan Johnson
Index Clerk -- Trudy Evenstad
Secretary to the Majority Leader -- Mary Lloyd
Secretary to the Minority Leader -- Debra Elofson
Secretary to the President Pro tempore -- Alma Matzen
Committee Secretaries -- Doris Donner, Carol Enright, Margaret Nickels, Cynthia Scott,
Jean Smith
Sergeant-at-Arms -- Curt Neuharth
Assistant Sergeant-at-Arms -- Alice Mae Kennedy
Postal Clerk - David Jagim
Documents Clerk -- Leo Pietrus
Pages (1st Term) -- Leah Ahles, Michelle Balfe, Allyson Friez, Kristina Grey, Jennifer
Haverty, Mark Helberg, Angie Highland, Aaron Matson, Trudy Wastweet, Mike
Whitford
Legislative Interns -- Neil Chaney, Rebecca Hauger, Jennifer Johnson, Craig Johnson,
Jennifer Lake, Ann Nielsen, Stacie Suedkamp, Shawn Van Gerpen
Legislative Aides -- Carrie Clark, Erin Foy, Grant Hosmer, Sara R.Thorson
Which were subscribed to and placed on file in the office of the Secretary of State.
Sen. Rounds moved that the permanent joint rules and the permanent Senate rules of the
Seventy-second Legislative Session be adopted as the temporary joint rules and temporary
Senate rules for the Seventy-third Legislative Session.
The question being on Sen. Rounds' motion that the permanent joint rules and the
permanent Senate rules of the Seventy-second Legislative Session be adopted as the temporary
joint rules and temporary Senate rules for the Seventy-third Legislative Session.
And the roll being called:
Excused were:
Aker; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Rounds 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. Rounds,
Halverson, and Hunhoff.
Sen. Rounds 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. Rounds,
Halverson, and Hunhoff.
Sen. Rounds 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-third Legislative session.
Which motion prevailed and the President appointed as such committee Sens. Rounds,
Halverson, and Hunhoff.
Sen. Rounds 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-third
Legislative Session.
Which motion prevailed and the President appointed as such committee Sens. Halverson,
Rounds, and Hunhoff.
Sen. Rounds 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-third 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. Halverson,
Rounds, and Hunhoff.
Sen. Rounds 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. Jim Dunn,
Everist, and Rebecca Dunn.
Sen. Rounds 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-third
Legislative Session.
Which motion prevailed and the President appointed as such committee Sens. Johnson,
Aker, and Lange.
Sen. Rounds 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. Paisley,
Shoener, and Morford.
The President announced the appointment of the following standing committees:
**Denotes Chair
* Denotes Vice-Chair
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 communication 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,
ROGER W. HUNT M. MICHAEL ROUNDS
BOB ROE HAROLD W. HALVERSON
LARRY LUCAS BERNIE HUNHOFF
House Committee Senate Committee
Sen. Rounds 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.
Also MADAM 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 13, 1998.
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 Senate Journal.
Respectfully submitted, Respectfully submitted,
ROGER W. HUNT M. MICHAEL ROUNDS
STEVE CUTLER HAROLD W. HALVERSON
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Sen. Rounds moved that the report of the Joint-Select Committee relative to arranging for
a Joint Session to receive the message of the Governor be adopted.
Which motion prevailed and the report was adopted.
SB 1
Introduced by:
Senators Everist and Halverson and Representatives Gabriel, Brown
(Jarvis), Cutler, Fischer-Clemens, Haley, Jorgensen, Konold, Rost, and Schaunaman at the
request of the Interim Telecommunications Study Committee
FOR AN ACT ENTITLED, An Act
to establish a telecommunications gross receipts tax,
to provide for its distribution, and to repeal certain property taxes and certain gross receipts
taxes paid by certain telecommunications companies.
Was read the first time and referred to the Committee on State Affairs.
SB 3
Introduced by:
The Committee on Local Government at the request of the State Board
of Elections
FOR AN ACT ENTITLED, An Act
to clarify the employment status of certain election
workers.
Was read the first time and referred to the Committee on Local Government.
SB 4
Introduced by:
The Committee on Local Government at the request of the State Board
of Elections
FOR AN ACT ENTITLED, An Act
to revise the requirements for providing voter
registration lists.
Was read the first time and referred to the Committee on Local Government.
SB 5
Introduced by:
The Committee on Local Government at the request of the State Board
of Elections
FOR AN ACT ENTITLED, An Act
to provide a procedure to withdraw an initiative or
referendum from the ballot.
Was read the first time and referred to the Committee on Local Government.
SB 6
Introduced by:
The Committee on State Affairs at the request of the Commissioner
of School and Public Lands
FOR AN ACT ENTITLED, An Act
to specifically exempt lake sediment from certain state
mineral lease provisions.
Was read the first time and referred to the Committee on State Affairs.
SB 8
Introduced by:
The Committee on State Affairs at the request of the Commissioner
of School and Public Lands
FOR AN ACT ENTITLED, An Act
to revise the procedure for the renewal of certain
school and public lands leases.
Was read the first time and referred to the Committee on State Affairs.
SB 9
Introduced by:
The Committee on State Affairs at the request of the Commissioner
of School and Public Lands
FOR AN ACT ENTITLED, An Act
to repeal certain restrictions on agricultural leases of
school and public lands.
Was read the first time and referred to the Committee on State Affairs.
SB 10
Introduced by:
The Committee on State Affairs at the request of the Commissioner
of School and Public Lands
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the annual sale
of state school and endowment lands.
Was read the first time and referred to the Committee on State Affairs.
SB 11
Introduced by:
Senators Kloucek, Dunn (Rebecca), Hunhoff, Hutmacher, Lange,
Lawler, and Olson and Representatives Chicoine, Collier, Fischer-Clemens, Haley, Kazmerzak,
Koetzle, Lee, Lucas, Moore, Schrempp, Sokolow, and Waltman
FOR AN ACT ENTITLED, An Act
to make certain large-scale contract livestock feeders
liable for environmental damage.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 13
Introduced by:
The Committee on Local Government at the request of the State
Board of Elections
FOR AN ACT ENTITLED, An Act
to revise the State Board of Elections' rule-making
authority.
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 Bureau of
Personnel
FOR AN ACT ENTITLED, An Act
to restrict when a state employee may be granted leave
to participate in certain disaster relief services.
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 Bureau of
Personnel
FOR AN ACT ENTITLED, An Act
to revise the restrictions on donation of leave by state
employees.
Was read the first time and referred to the Committee on Retirement Laws.
SB 16
Introduced by:
Senators Kloucek, Dennert, Dunn (Rebecca), and Hutmacher and
Representatives Weber, Koetzle, Moore, Schrempp, and Waltman
FOR AN ACT ENTITLED, An Act
to revise the inheritance tax exemptions.
Was read the first time and referred to the Committee on Taxation.
SB 17 Introduced by: The Committee on Retirement Laws at the request of the State Investment Council
SB 18
Introduced by:
The Committee on Health and Human Services at the request of the
Department of Human Services
FOR AN ACT ENTITLED, An Act
to provide that any child placed in the Human Services
Center is in the guardianship of the secretary of the Department of Human Services.
Was read the first time and referred to the Committee on Health and Human Services.
SB 19
Introduced by:
The Committee on Appropriations at the request of the Board of
Regents
FOR AN ACT ENTITLED, An Act
to authorize South Dakota State University to contract
with private parties to participate in the financing, construction, and operation of a wellness
center and to appropriate any resulting revenues to such purposes.
Was read the first time and referred to the Committee on Appropriations.
SB 20
Introduced by:
The Committee on Appropriations at the request of the Board of
Regents
FOR AN ACT ENTITLED, An Act
to make an appropriation to provide for the
maintenance and repair needs at the South Dakota School for the Deaf and the South Dakota
School for the Visually Handicapped.
Was read the first time and referred to the Committee on Appropriations.
SB 21
Introduced by:
The Committee on Appropriations at the request of the Board of
Regents
FOR AN ACT ENTITLED, An Act
to make an appropriation to provide for the
maintenance and repair needs for the South Dakota Agricultural Experiment Station.
Was read the first time and referred to the Committee on Appropriations.
SB 23
Introduced by:
The Committee on Appropriations at the request of the Board of
Regents
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to construct a
performing arts center at South Dakota State University and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
SB 24
Introduced by:
The Committee on Education at the request of the Board of Regents
FOR AN ACT ENTITLED, An Act
to change the name of the South Dakota School for
the Visually Handicapped to the South Dakota School for the Blind and the Visually Impaired.
Was read the first time and referred to the Committee on Education.
SB 25
Introduced by:
Senator Everist and Representative Putnam
FOR AN ACT ENTITLED, An Act
to codify the legislation passed in 1997.
Was read the first time and referred to the Committee on State Affairs.
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 statutes regarding the operation and
administration of crematories.
Was read the first time and referred to the Committee on Health and Human Services.
SB 27 Introduced by: The Committee on Health and Human Services at the request of the Department of Health
SB 28
Introduced by:
The Committee on Appropriations at the request of the Department
of Health
FOR AN ACT ENTITLED, An Act
to make an appropriation to reimburse a family
physician who has complied with the requirements of the South Dakota physician tuition
reimbursement program.
Was read the first time and referred to the Committee on Appropriations.
SB 29
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 circumstances under which a school
district may charge a fee for school bus transportation services.
Was read the first time and referred to the Committee on Education.
SB 30
Introduced by:
The Committee on Agriculture and Natural Resources at the request
of the Department of Environment and Natural Resources
FOR AN ACT ENTITLED, An Act
to provide for the proper disposal of waste tires and
to provide for penalties for any violation thereof.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 31
Introduced by:
The Committee on Agriculture and Natural Resources at the request
of the Department of Environment and Natural Resources
FOR AN ACT ENTITLED, An Act
to provide rule-making authority to the Department
of Environment and Natural Resources to carry out the requirements of the federal Safe
Drinking Water Act amendments of 1996.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 33
Introduced by:
Senator Valandra
FOR AN ACT ENTITLED, An Act
to revise the authority of a local school board to
regulate participation by seventh and eighth grade students in extra-curricular activities.
Was read the first time and referred to the Committee on Education.
SB 34
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 revise certain provisions relating to the required use
of diver-down flags and mandatory motorboat distance restrictions.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 35
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 revise certain provisions regarding the discharge
of certain weapons at game while in or on a motor vehicle.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 36
Introduced by:
The Committee on Judiciary at the request of the Attorney General
FOR AN ACT ENTITLED, An Act
to revise the crime of indecent exposure.
Was read the first time and referred to the Committee on Judiciary.
SB 37
Introduced by:
The Committee on Judiciary at the request of the Attorney General
SB 38
Introduced by:
The Committee on Judiciary at the request of the Attorney General
FOR AN ACT ENTITLED, An Act
to increase the liquidated costs imposed for law
enforcement training.
Was read the first time and referred to the Committee on Judiciary.
SB 39
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Administration
FOR AN ACT ENTITLED, An Act
to provide for the public procurement of construction
services utilizing the design-build procurement process.
Was read the first time and referred to the Committee on State Affairs.
SB 40
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Administration
FOR AN ACT ENTITLED, An Act
to permit contractors to offer and provide design-build
services.
Was read the first time and referred to the Committee on State Affairs.
SB 41
Introduced by:
The Committee on Judiciary at the request of the Department of
Corrections
FOR AN ACT ENTITLED, An Act
to allow certain adjudicated children to be placed in
the juvenile prison or the state training school.
Was read the first time and referred to the Committee on Judiciary.
SB 42
Introduced by:
The Committee on Judiciary at the request of the Department of
Corrections
FOR AN ACT ENTITLED, An Act
to clarify the disposition of certain funds collected
from inmates.
SB 43
Introduced by:
The Committee on Transportation at the request of the Department
of Transportation
FOR AN ACT ENTITLED, An Act
to establish certain criteria for the state trunk highway
system.
Was read the first time and referred to the Committee on Transportation.
SB 44
Introduced by:
Senators Rounds, Albers, Brown (Arnold), and Hunhoff and
Representatives Matthews and Diedrich at the request of the Interim Retirement Laws
Committee
FOR AN ACT ENTITLED, An Act
to revise the methods of compensating the
administrator and exempt employees of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 45
Introduced by:
The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act
to provide benefit improvements for the members of
the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 46
Introduced by:
The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act
to increase the time period to choose additional
survivor protection coverage under the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 47
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 age at which certain members of the
South Dakota Retirement System can retire without a reduction in benefits.
SB 48
Introduced by:
The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act
to permit the Huron firefighters to participate in the
South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 49
Introduced by:
The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act
to prorate the interest on contributions under the South
Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 50
Introduced by:
The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act
to reduce the eligibility period for vesting in the South
Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 51
Introduced by:
The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act
to prorate a South Dakota Retirement System benefit
recipient's initial annual improvement factor.
Was read the first time and referred to the Committee on Retirement Laws.
SB 52
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Finance and Management
FOR AN ACT ENTITLED, An Act
to revise the powers and duties of the State Investment
Council and the state investment officer with respect to the permanent school and other
educational funds.
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 require the reporting of criminal convictions, to
provide certain licensing penalties, and to allow certain cooperation in a multi-state waiver
process regarding persons engaged in the insurance business.
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 the definition of real estate salesperson.
Was read the first time and referred to the Committee on Commerce.
SB 55
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 real estate licensing application and
examination procedures and to authorize the increase of license application fees.
Was read the first time and referred to the Committee on Commerce.
SB 56
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to revise the requirements for individual and group
health insurance availability and portability.
Was read the first time and referred to the Committee on Commerce.
SB 57
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 restrictions of activities of real estate
licensees.
SB 58
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to revise the requirement for real estate brokers to
furnish closing statements in a real estate transaction.
Was read the first time and referred to the Committee on Commerce.
SB 59
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 exemptions to real estate licensing
requirements.
Was read the first time and referred to the Committee on Commerce.
SB 60
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to revise the administrative rule process to reduce the
number of document copies an agency must file when incorporating outside materials into
administrative rules.
Was read the first time and referred to the Committee on Commerce.
SB 61
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 regarding the regulation
of fireworks.
Was read the first time and referred to the Committee on Commerce.
SB 62
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to establish the suspension periods for certain
violations of traffic laws and for fraudulently using a driver license or nondriver identification
card.
SB 63
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 regarding unprofessional
conduct by real estate licensees.
Was read the first time and referred to the Committee on Commerce.
SB 64
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to revise the definition of real estate broker.
Was read the first time and referred to the Committee on Commerce.
SB 65
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to revise the advertising restrictions for real estate
licensees.
Was read the first time and referred to the Committee on Commerce.
SB 66
Introduced by:
The Committee on Transportation at the request of the Department
of Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to increase the number of days a notice of intent to
revoke a driver's license may function as a temporary driver's license following an arrest
involving a refusal to submit to chemical analysis.
Was read the first time and referred to the Committee on Transportation.
SB 67
Introduced by:
The Committee on Transportation at the request of the Department
of Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to prohibit any person under the age of twenty-one
from operating a motor vehicle if there is any alcohol present in the person's blood or after
consuming marijuana or any controlled drug or substance.
SB 68
Introduced by:
The Committee on Transportation at the request of the Department
of Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to revise the requirements relating to the use of child
restraint systems in passenger vehicles.
Was read the first time and referred to the Committee on Transportation.
SB 69
Introduced by:
The Committee on Taxation at the request of the Department of
Revenue
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning the filing of
contractor's excise tax returns.
Was read the first time and referred to the Committee on Taxation.
SB 70
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 the median level
of assessment for property tax purposes.
Was read the first time and referred to the Committee on Taxation.
SB 71
Introduced by:
The Committee on Taxation at the request of the Department of
Revenue
FOR AN ACT ENTITLED, An Act
to revise certain dates pertaining to references to the
Internal Revenue Code
Was read the first time and referred to the Committee on Taxation.
There being no objection the Senate reverted to Order of Business No. 8.
I have the honor to inform your honorable body that the House has appointed Reps. Hunt, Cutler, and Haley 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 the Joint Session to hear the message of the Governor.
I have the honor to inform your honorable body that the House has appointed Reps. Hunt,
Roe, and Lucas 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 ready to meet in Joint
Session to receive any communication he may desire to transmit.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Gabriel, Hagg, and Haley 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 two Houses for the ensuing
session.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Cutler,
Gabriel, and Haley 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 members, officers, and
employees for the Seventy-third Legislative Session.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Hagg,
Gabriel, and Haley as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to fix the compensation of the elective and appointive
officers and employees of the House and Senate for the Seventy-third 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 MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Cutler,
Hunt, and Lucas as a committee of three on the part of the House to meet with a like committee
on the part of the Senate to confer 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
full power to act.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Fiegen, Monroe, and Cerny as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to secure chaplains for the Seventy-third Legislative
Session.
I have the honor to inform your honorable body that the House has appointed Reps.
Putnam, Fitzgerald, and Cerny 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 memorial recognition of deceased
former members of the House and Senate.
Also MADAM 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 MADAM 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 communication he may desire to
transmit.
The following prayer was delivered by Pastor David Zellmer, Lutheran Memorial Church,
Pierre, South Dakota:
O God of all creation as we have opened the 73rd legislative sesssion, we ask Your
blessing upon this joint gathering. We lift up in prayer our Governor, Lt. Governor, our
Representatives and Senators and all those who hold public office whether it be elected or
appointed. We pray that Your Spirit will guide those set apart for service in their times of debate
and as decisions are made. Bless them with the courage and the will to provide justice for all,
through their work during this session.
In Christ's name we pray. Amen.
Aker; Albers; Benson; Brosz; Brown, Arnold; Daugaard; Dennert; Drake; Dunn, Jim; Dunn,
Rebecca; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson;
Kleven; Kloucek; Lange; Lawler; Morford; Munson; Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Vitter; Whiting
The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the
House and the following members were present:
Apa; Barker; Belatti; Broderick; Brooks; Brown, Gary; Brown, Jarvis; Brown, Richard; Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Jaspers; Johnson; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan;
Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson; Napoli;
Pederson, Gordon; Peterson, Bill; Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz;
Wick; Windhorst; Speaker Hagg
Sen. Rounds 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 William J. Janklow,
Governor of the State of South Dakota, to the rostrum.
Which motion prevailed and the President appointed as such committee Reps. Gabriel,
Cutler, Haley, and Lucas on the part of the House and Sens. Rounds, Halverson, and Hunhoff
on the part of the Senate.
The Sergeant-at-Arms announced the arrival of the Honorable William J. Janklow, who
was escorted to the rostrum.
The Lieutenant Governor, Carole Hillard, introduced the Honorable William J. Janklow,
who delivered the State of the State Address.
Sen. Rounds moved that the Joint Session do now dissolve.
Which motion prevailed.
The Senate reconvened at 3:25 p.m., the President presiding.
Sen. Brown moved that the Senate do now adjourn, which motion prevailed, and at 3:28
p.m. the Senate adjourned.