BE IT REMEMBERED, That on the twelfth day of January, A.D., one thousand nine
hundred ninety-nine, at the hour of twelve o'clock meridian, on the second Tuesday in January,
being the day and hour fixed by the Constitution of the state of South Dakota for the convening
of the Legislature, the seventy-fourth regular session of the House of Representatives in the
Capitol, in the city of Pierre, in the county of Hughes, and the state of South Dakota, the seat
of government thereof, was called to order by Joyce Hazeltine, the Secretary of State of the state
of South Dakota.
The following prayer was delivered by Pastor Jerry Oberg, Christ Community Church,
Pierre, South Dakota, at the opening session of the House of Representatives:
Our Heavenly Father, we come to You today asking a simple request. We pray that You
will bless this chamber and all who serve here with peace and tranquility. We pray that You will
give each person who is here representing their friends and neighbors an extra measure of
wisdom as they make many life changing decisions in the days to come. We pray that this
House will work in concert with the Senate, the executive branch, and the judicial branch to
propel this great state forward to peace and prosperity. We are grieved at the loss of Sam
Skotvold who served this house well as assistant sergeant at arms. We ask for comfort for his
friends and loved ones. In Jesus' name. Amen.
The Pledge of Allegiance was led by House page Andrew Sveen.
District No. 1 Day, Codington, Marshall, and Roberts Counties
Gary D. Hanson - Sisseton
Mike Jaspers - Eden
District No. 2 Brown and Marshall Counties
Steve Cutler - Claremont
Duane Sutton - Aberdeen
District No. 3 Brown and McPherson Counties
Elmer Diedtrich - Aberdeen
Al Waltman - Aberdeen
District No. 4 Brookings, Deuel, and Grant Counties
Robert Weber - Strandburg
Larry Diedrich - Elkton
District No. 5 Codington County
Claire B. Konold - Watertown
Burdette C. Solum - Watertown
District No. 6 Clark, Codington, Hamlin, Kingsbury, and Miner Counties
Art Fryslie - Willow Lake
Douglas Kazmerzak - Erwin
District No. 7 Brookings County
Orville B. Smidt - Brookings
Robert A. Roe - Brookings
District No. 8 Lake, Minnehaha, and Moody Counties
Daniel D. Sutton - Flandreau
Dale Slaughter - Madison
District No. 9 McCook, Minnehaha, and Turner Counties
Clarence L. Kooistra - Garretson
Kevin R. Crisp - Dell Rapids
District No. 10 Lincoln and Minnehaha Counties
Roger Brooks - Brandon
Roger Hunt - Brandon
District No. 11 Minnehaha County
Mitch Richter - Sioux Falls
Kristie Fiegen - Sioux Falls
District No. 13 Minnehaha County
Dana John Windhorst - Sioux Falls
Mary Patterson - Sioux Falls
District No. 14 Minnehaha County
Bill Peterson - Sioux Falls
Dick Brown - Sioux Falls
District No. 15 Minnehaha County
Kay Davis - Sioux Falls
Gil Koetzle - Sioux Falls
District No. 16 Lincoln and Union Counties
Roland Chicoine - Elk Point
Mike Broderick - Canton
District No. 17 Clay and Turner Counties
Judy Clark - Vermillion
H. Junior Engbrecht - Marion
District No. 18 Yankton County
Donald E. Munson - Yankton
Matthew Michels - Yankton
District No. 19 Bon Homme, Douglas, and Hutchinson Counties
Richard A. Wudel - Parkston
J.E. "Jim" Putnam - Armour
District No. 20 Davison and Hanson Counties
Deb Fischer Clemens - Mitchell
Lou Sebert - Mitchell
District No. 21 Beadle and Spink Counties
Ron J. Volesky - Huron
Pat Haley - Huron
District No. 22 Aurora, Buffalo, Hand, Jerauld, Sanborn, and Spink Counties
Quinten Burg - Wessington Springs
Joanne Lockner - St. Lawrence
District No. 23 Campbell, Edmunds, Faulk, Hyde, Potter, and Walworth Counties
Jay L. Duenwald - Hoven
Jarvis W. Brown - Faulkton
District No. 24 Hughes, Lyman, Stanley, and Sully Counties
District No. 25 Brule, Charles Mix, Gregory, and Lyman Counties
Sam Nachtigal - Platte
Bill Cerny - Burke
District No. 26 Bennett, Haakon, Jackson, Jones, Lyman, Melette, and Tripp Counties
John Koskan - Wood
Kent Juhnke - Vivian
District No. 27 Bennett, Shannon, and Todd Counties
Richard E. "Dick" Hagen - Pine Ridge
Larry Lucas - Mission
District No. 28 Butte, Corson, Dewey, Harding, Perkins, and Ziebach Counties
Ted A. Klaudt - Walker
Kenneth Wetz - Newell
District No. 29 Butte and Meade Counties
Willard Pummel - Belle Fourche
Kenneth McNenny - Sturgis
District No. 30 Custer, Fall River, and Pennington Counties
Jim Lintz - Hermosa
Mike Koehn - Hot Springs
District No. 31 Lawrence County
Mark Young - Spearfish
Jerry Apa - Lead
District No. 32 Pennington County
Mike Wilson - Rapid City
Thomas L. Hennies - Rapid City
District No. 33 Meade and Pennington Counties
J.P. Duniphan - Rapid City
Carol E. Fitzgerald - Rapid City
District No. 34 Pennington County
Scott Eccarius - Rapid City
Michael P. Derby - Rapid City
District No. 35 Pennington County
William "Bill" Napoli - Rapid City
Alice McCoy - Rapid City
I further certify that Judy Rost has declared that she will not take the oath of office and
therefore the incumbent in that office, William F. Earley who took the oath of office on January
5, 1999, is entitled pursuant to SDCL 3-14-1 to continue in that office.
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, 1999.
(SEAL)
I, JOYCE HAZELTINE, Secretary of State of the State of South Dakota, do hereby certify
that the following members elected to the House of Representatives of the State of South Dakota
for the term 1999-2000 were administered the oath of office at 11:00 a.m. on the 9th day of
January, 1999, in the House Chamber, at the seat of government in Pierre by the Honorable John
Konenkamp, 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:
Roger Brooks Jim Lintz
Judy Clark Larry Lucas
Steve Cutler Alice McCoy
Michael Derby Kenneth McNenny
Larry Diedrich Matthew Michels
Elmer Diedtrich Jeff Monroe
Jay Duenwald Mary Patterson
H. Junior Engbrecht William Peterson
Kristie Fiegen J.E. "Jim" Putnam
Carol Fitzgerald Lou Sebert
Art Fryslie Dale Slaughter
Cooper Garnos Orville Smidt
Roger Hunt Burdette Solum
Mike Jaspers Dan Sutton
Kent Juhnke Duane Sutton
Ted Klaudt Kenneth Wetz
Mike Koehn Mike Wilson
Claire Konold Richard Wudel
John Koskan Mark Young
IN TESTIMONY WHEREOF, I have set my hand and affixed the Great Seal of the State
of South Dakota this 9th day of January, 1999.
District No. 1 Day, Codington, Marshall, and Roberts Counties
Gary D. Hanson - Sisseton
District No. 3 Brown and McPherson Counties
Al Waltman - Aberdeen
District No. 4 Brookings, Deuel, and Grant Counties
Robert Weber - Strandburg
District No. 6 Clark, Codington, Hamlin, Kingsbury, and Miner Counties
Douglas Kazmerzak - Erwin
District No. 7 Brookings County
Robert A. Roe - Brookings
District No. 9 McCook, Minnehaha, and Turner Counties
Clarence L. Kooistra - Garretson
Kevin R. Crisp - Dell Rapids
District No. 11 Minnehaha County
Mitch Richter - Sioux Falls
District No. 13 Minnehaha County
Dana John Windhorst - Sioux Falls
District No. 14 Minnehaha County
Dick Brown - Sioux Falls
District No. 15 Minnehaha County
Kay Davis - Sioux Falls
Gil Koetzle - Sioux Falls
District No. 16 Lincoln and Union Counties
Roland Chicoine - Elk Point
Mike Broderick - Canton
District No. 18 Yankton County
Donald E. Munson - Yankton
District No. 20 Davison and Hanson Counties
Deb Fischer Clemens - Mitchell
District No. 21 Beadle and Spink Counties
Ron J. Volesky - Huron
District No. 22 Aurora, Buffalo, Hand, Jerauld, Sanborn, and Spink Counties
Quinten Burg - Wessington Springs
Joanne Lockner - St. Lawrence
District No. 23 Campbell, Edmunds, Faulk, Hyde, Potter, and Walworth Counties
Jarvis W. Brown - Faulkton
District No. 25 Brule, Charles Mix, Gregory, and Lyman Counties
Sam Nachtigal - Platte
Bill Cerny - Burke
District No. 27 Bennett, Shannon, and Todd Counties
Richard E. "Dick" Hagen - Pine Ridge
District No. 29 Butte and Meade Counties
Willard Pummel - Belle Fourche
District No. 31 Lawrence County
Jerry Apa - Lead
District No. 32 Pennington County
Thomas L. Hennies - Rapid City
District No. 33 Meade and Pennington Counties
J.P. Duniphan - Rapid City
District No. 34 Pennington County
Scott Eccarius - Rapid City
District No. 35 Pennington County
William "Bill" Napoli - Rapid City
I further certify that the State Board of Canvassers has conducted a canvass of the recount
in House District 12 and found Judy Rost and John R. McIntyre to have received the greatest
number of votes, however a certificate of election has not been issued to Mr. McIntyre pending
the outcome of an anticipated challenge to the results provided by the recount board.
I further certify that Judy Rost has declared that she will not take the oath of office and
therefore the incumbent in that office, William F. Earley who took the oath of office on January
5, 1999, is entitled pursuant to SDCL 3-14-1 to continue in that office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of
the state of South Dakota, this 11th day of January, 1999.
(SEAL)
Governor - William J. Janklow
Lieutenant Governor - Carole Hillard
Secretary of State - Joyce Hazeltine
Attorney General - Mark Barnett having been formally sworn in on January 9, 1999, by
the Honorable Thomas C. Barnett, Jr., Notary Public of the state of South Dakota
State Auditor - Vernon L. Larson
State Treasurer - Dick Butler, however this oath has not yet been placed on file with the
Secretary of State
Commissioner of School and Public Lands - Curt Johnson, however this oath has not
yet been placed on file with the Secretary of State
I DO FURTHER CERTIFY, that the Honorable Chief Justice Robert A. Miller
administered the oath of office to Jim Burg for the office of Public Utilities Commissioner on
January 4, 1999, and that the oath has been subscribed to and placed on file in the office of the
Secretary of State.
IN TESTIMONY WHEREOF, I have set my hand and affixed the Great Seal of the State
of South Dakota this 11th day of January, 1999.
(SEAL) JOYCE HAZELTINE,
Secretary of State, Joyce Hazeltine, stated that she does not have the authority to issue
certificates of election and that Mr. McIntyre's certification is pending the outcome of the
decision of the House.
Ms. Hazeltine was informed that the certificate of election was being prepared for Mr.
McIntyre.
Mr. McIntyre's certificate of election was delivered to Secretary Hazeltine on the floor
of the House.
Ms. Hazeltine stated that it was not her duty but the duty of the House to decide upon
the qualification of its own members.
Apa, Jerry Hennies, Thomas
Broderick, B. Michael, Jr. Kazmerzak, Doug
Brown, Jarvis Koetzle, Gilbert
Brown, Richard "Dick" Kooistra, Clarence
Burg, Quinten Lockner, V. Joanne
Cerny, William Munson, Donald
Chicoine, Roland Nachtigal, Sam
Crisp, Kevin Napoli, Bill
Davis, Kay Pummel, Willard
Duniphan, J.P Richter, Mitch
Eccarius, Scott Roe, Robert
Fischer Clemens, Deb Volesky, Ron
Hagen, Richard Waltman, Al
Haley, Pat Weber, Robert
Hanson, Gary Windhorst, Dana
Which was subscribed to and placed on file in the office of the Secretary of State.
When the roll of members was called, all members were present.
Rep. Haley respectfully requested that Mr. McIntyre, who was duly elected from District
12, be administered the oath of office.
Secretary Hazeltine declared that the legislature was not organized yet. She denied the
request and stated that the House would proceed with the election of officers.
Rep. Haley announced his intention to file a dissent, pursuant to Joint Rule 1-10.
Rep. Cutler moved that the House proceed with the election of officers of the House of
Representatives.
Which motion prevailed.
The presiding officer announced that the nominations for Speaker of the House of
Representatives were in order.
Rep. Cutler nominated Rep. Hunt as Speaker of the House of Representatives.
And the roll being called:
Apa; Broderick; Brooks; Brown, Jarvis; Brown, Richard; Burg; Cerny; Chicoine; Clark; Crisp;
Cutler; Derby; Diedrich; Diedtrich; Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas;
McCoy; McIntyre; McNenny; Michels; Monroe; Munson; Nachtigal; Napoli; Patterson;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton, Daniel;
Sutton, Duane; Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young
Nays were:
Davis
Rep. Hunt having received an affirmative vote of a majority of the members-elect, was
declared to be the duly elected Speaker of the House of Representatives.
Reps. Fitzgerald, Brooks, Koskan, and Cerny were appointed to escort Rep. Hunt to the
rostrum.
The oath of office was administered to Rep. Hunt, Speaker of the House of
Representatives, by the Honorable John Konenkamp, Justice of the Supreme Court of the state
of South Dakota.
Which was subscribed to and placed on file in the office of the Secretary of State.
Joyce Hazeltine, Secretary of State, turned the gavel over to Speaker Hunt.
Speaker Hunt now presiding.
Mr. Speaker announced that nominations for Speaker Pro tempore of the House of
Representatives were now in order.
Rep. Smidt nominated Rep. Eccarius as Speaker Pro tempore.
And the roll being called:
Those voting for Rep. Eccarius were:
Apa; Broderick; Brooks; Brown, Jarvis; Brown, Richard; Burg; Cerny; Chicoine; Clark; Crisp;
Cutler; Davis; Derby; Diedrich; Diedtrich; Duenwald; Duniphan; Earley; Engbrecht; Fiegen;
Fischer Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas;
McCoy; McNenny; Michels; Monroe; Munson; Nachtigal; Napoli; Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton, Daniel; Sutton,
Duane; Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt.
Reps. Jarvis Brown, Derby, Lucas, and McNenny were appointed to escort Rep.
Eccarius to the rostrum.
The oath of office was administered to Rep. Eccarius, Speaker Pro tempore of the House
of Representatives, by the Honorable John Konenkamp, Justice of the Supreme Court of the
state of South Dakota.
Which was subscribed to and placed on file in the office of the Secretary of State.
Mr. Speaker announced that nominations for Chief Clerk of the House of
Representatives were now in order.
Rep. Cutler nominated Ms. Karen Gerdes as Chief Clerk of the House of
Representatives.
And the roll being called:
Those voting for Ms. Gerdes were:
Apa; Broderick; Brooks; Brown, Jarvis; Brown, Richard; Burg; Cerny; Chicoine; Clark; Crisp;
Cutler; Davis; Derby; Diedrich; Diedtrich; Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fiegen; Fischer Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers;
Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McNenny; Michels; Monroe; Munson; Nachtigal; Napoli; Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton, Daniel; Sutton,
Duane; Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt.
Ms. Gerdes having received an affirmative vote of a majority of the members-elect, was
declared duly elected.
The oath of office was administered to Ms. Gerdes by the Honorable John Konenkamp,
Justice of the Supreme Court of the state of South Dakota.
Which was subscribed to and placed on file in the office of the Secretary of State.
Speaker Hunt announced the appointment of the following employees of the House of
Representatives for the Seventy-fourth Legislative Session:
First Assistant to the Chief Clerk -- Arlene Kvislen
Second Assistant to the Chief Clerk -- Barbara Butt
Index Clerk -- Onie Neuharth
Sergeant at Arms -- Melvin Chandler
Assistant Sergeant at Arms -- Howard Kennedy
Assistant Sergeant at Arms -- Bob Voeltz
Chief Documents Clerk -- Ambrose Schultz
Secretary to the Speaker -- Elizabeth Markley
Secretary to the Majority Leader -- Clara Shelbourn
Secretary to the Minority Leader -- Jennifer Sutton
Appropriations Secretary -- Leanne Schlekeway
Committee Secretaries -- Mary Ann McCowan, Beverly Jennings
Pages (1st Term) -- Niki Barber, Troy Christensen, Trina Dewald, Robert Drown,
Kristen Ganske, Kathryn Henning, Michelle Hoines, Kathryn Huls, Ashli Jensen,
Emilie Kosse, Rebecca Nelsen, Diana Rehfeld, Peter Stach, Andrew Sveen
Pages (2nd Term) -- Kevin Arbach, Abigail Barber, Jessica Fritzsche, Jason Holbeck,
Sarah Jeschke, Paul Kazmerzak, Ryan Keller, Steven Olson, Michael Pierson,
Emilee Schulte, Tyler Sharp, Jamie Sowers
Pages (3rd Term) -- Matthew Cremer, Jill Ireland, Stephanie Kimball, Benjamin Nusz,
Matt Oedekoven, Al Raschke, Alison Rice, Joel Rische, Christopher Rounds, Tara
Scheel, Nathaniel Torberson, Adam Werkmeister
Pages (4th Term) -- Kelly Bickel, Alan Dale Clements, Robert Cook, Jess Fryslie, Erin
Greene, Rae Hale, Janelle Holoch, Katrina Ogren, Misty Palmer, Kristin
Schliesman, Christy Stokke, Nikki Wilinski, Amy Wolforth
Legislative Interns --Jamie Beisch, Stana Donnelly, Amy Duba, Sara Dwinnell, Keith
Fisk, Carrie Fjerstad, Edward Hacker, Brian Kellar, Mark Proctor, Jason Smiley,
Timothy Strother, Ryan Sweeter.
The oath of office was administered by the Honorable John Konenkamp, Justice of the
Supreme Court of the State of South Dakota, to the following employees:
First Assistant to the Chief Clerk -- Arlene Kvislen
Second Assistant to the Chief Clerk -- Barbara Butt
Index Clerk -- Onie Neuharth
Sergeant at Arms -- Melvin Chandler
Assistant Sergeant at Arms -- Howard Kennedy
Assistant Sergeant at Arms -- Bob Voeltz
Chief Documents Clerk -- Ambrose Schultz
Secretary to the Speaker -- Elizabeth Markley
Secretary to the Majority Leader -- Clara Shelbourn
Secretary to the Minority Leader -- Jennifer Sutton
Appropriations Secretary -- Leanne Schlekeway
Committee Secretaries -- Mary Ann McCowan, Beverly Jennings
Pages (1st Term) -- Niki Barber, Troy Christensen, Trina Dewald, Robert Drown,
Kristen Ganske, Kathryn Henning, Michelle Hoines, Kathryn Huls, Ashli Jensen,
Emilie Kosse, Rebecca Nelsen, Diana Rehfeld, Peter Stach, Andrew Sveen
Legislative Interns -- Jamie Beisch, Stana Donnelly, Amy Duba, Sara Dwinnell, Keith
Fisk, Carrie Fjerstad, Edward Hacker, Brian Kellar, Mark Proctor, Jason Smiley,
Timothy Strother, Ryan Sweeter.
Which was subscribed to and placed on file in the office of the Secretary of State.
Rep. Cutler moved that the permanent joint rules of the House and Senate of the
Seventy-third Legislative Session be made the temporary joint rules of the House and Senate
for the Seventy-fourth Legislative Session.
Which motion prevailed and the permanent joint rules of the House and Senate of the
Seventy-third Legislative Session were made the temporary joint rules of the House and Senate
for the Seventy-fourth Legislative Session.
Rep. Cutler moved that a committee of three on the part of the House be appointed 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, the Honorable William J. Janklow.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Eccarius,
Smidt, and Haley.
Rep. Cutler moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to notify the Governor that the Legislature
is duly organized and ready to meet in Joint Session to receive any communications he may
desire to make.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Eccarius,
Duenwald, and Lucas.
Rep. Cutler moved that a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate relative to the joint rules for the two
Houses for the Seventy-fourth Legislative Session.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Cutler,
Hunt, and Haley.
Rep. Cutler moved that a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate to make arrangements for legislative days
for members, officers, and employees of the House and Senate.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Cutler,
Smidt, and Haley.
Rep. Cutler moved that a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate for the purpose of fixing the compensation
of the elective and appointive officers and employees of the House and Senate for the Seventy-
fourth 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 Mr. Speaker appointed as such committee Reps. Hunt,
Cutler, and Haley.
Rep. Smidt moved that a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate for the purpose of conferring with the
Director of the Legislative Research Council in regard to making arrangements for the
distribution of the official directory, House and Senate journals and bills, and other legislative
printing for the two Houses and the state offices with the full power to act.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Smidt,
Eccarius, and Lucas.
Rep. Duenwald moved that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate for the purpose of selecting chaplains
for the Seventy-fourth Legislative Session.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Duenwald,
Monroe, and Cerny.
Which motion prevailed and the Speaker appointed as such committee Reps. Putnam,
Fitzgerald, and Cerny.
Rep. Cutler moved that a House Select Committee be appointed to meet relative to the
rules of the House for the Seventy-fourth legislative session.
Which motion prevailed and the Speaker appointed as such committee Reps. Hunt,
Eccarius, Cutler, Richter, Smidt, Haley, and Lucas.
Your Select Committee appointed on House rules respectfully reports that it has had
under consideration the House rules and recommends that the House rules of the Seventy-third
Legislative Session with the following exceptions become the temporary rules.
WHEREAS, Article III, Section 9 of the South Dakota Constitution provides that each
house shall be the judge of the election returns and qualifications of its own members; and
WHEREAS, a certificate of election has not been issued in the election in District 12
which makes it likely that the House will be called upon to exercise its constitutional role as
judge of its own election returns:
NOW, THEREFORE, Your Select Committee appointed for the purpose of preparing
House rules for the Seventy-fourth Legislative Session respectfully reports that the House rules
of the regular session of the Seventy-third Legislative Session be made the temporary rules of
the House during the Seventy-fourth Legislative Session with the following exceptions and that
such printing of the temporary rules in the journal be dispensed with:
Special Rule No. 1: None of the deadlines and posting requirements shall apply to the
Seventy-fourth Legislative Session for any hearing, motion, or meeting of any select committee
or committee of the whole regarding any legislative process concerning the judgment of election
returns.
Special Rule No. 2: All restrictions dealing with legislative counsel or agents entering
the floor of the House shall be suspended during any legislative process concerning the
judgment of election returns, and access to the floor of the House shall be governed by decisions
of the presiding officer. However, if the House sits as a committee of the whole for such
purpose, any legislative candidate, and counsel for any candidate, involved in a disputed
election may enter the chamber for the sole purpose of making a presentation to the committee
of the whole.
Special Rule No. 4: The whole body of the House may, upon appropriate motion,
convene in the nature of, but without the rules ordinarily pertaining to, a committee of the whole
for the purpose of taking testimony and evidence, and may allow questions of counsel,
candidates, and witnesses, regarding any legislative process concerning the judgment of election
returns. However, the presiding officer may limit the time allotted to the parties and may
restrict the questioning of the members.
Special Rule No. 5: If there is a motion for the House to judge an election between two
candidates by deciding for the one and against the other, the presiding officer shall, by lot,
determine which candidate shall be represented by a green vote and which by a red vote, and
the vote shall be taken by the electronic voting system.
H3-1. Appointment of standing committees. The speaker of the House of
Representatives shall, with advice from the minority leader, appoint the members of the
following standing committees with the number of members as indicated after each committee
and shall appoint the chair and vice chair of each committee:
1. Agriculture and Natural Resources (13)
2. Appropriations (10)
3. Commerce (13)
4. Education (13)
5. Government Operations and Audit (3)
6. Health and Human Services (13) (12)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Retirement Laws (5)
11. State Affairs (13)
12. Taxation (13)
13. Transportation (13)
In the absence of the committee chair, the vice chair shall act as chair. The speaker and
speaker pro tempore are members of the legislative procedure committee, and the speaker shall
serve as chair of the legislative procedure committee.
Respectfully submitted,
ROGER HUNT ORVILLE SMIDT
SCOTT ECCARIUS
STEVE CUTLER
MITCH RICHTER
Rep. Cutler moved that the House Select Committee Report relative to the temporary
House Rules of the Seventy-fourth Legislative session be adopted.
Which motion prevailed and the report was so amended.
Rep. Lucas moved that the House Select Committee Report be amended by the insertion
of the following new temporary House Rules after temporary House Rule 3-1:
H6-2. Questions about the qualifications of any member are in order at any time during the
legislative session and may be initiated by a motion from the floor.
H6-3. Questions about the election returns of a legislative contest are in order only if the
member-elect received timely notice of intention to institute a contest of the election results
from the aggrieved candidate, pursuant to SDCL 12-22-26.
H6-4. Questions about contested election returns are only in order if there is an allegation of
fraud, corruption, campaign ethics violation, campaign finance irregularity, or other similar
defect which is beyond the ordinary scope of duties of the state election officials.
H6-5. If an aggrieved candidate has failed to comply with any relevant state statute or has failed
to exhaust all appropriate legal remedies, the House shall refuse to judge the matter.
H6-6. Before consenting to judge any contested election or qualifications dispute, the House
must first determine that the allegations are credible. If the House then consents to judge the
dispute, it shall proceed expeditiously and with all due deliberation.
A roll call vote was requested and supported.
The question being on Rep. Lucas' motion to amend the House Select Committee Report.
And the roll being called:
Yeas 17, Nays 52, Excused 0, Absent and Not Voting 0
Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle;
Lockner; Lucas; Nachtigal; Patterson; Sutton (Daniel); Waltman; Wilson
Rep. Lucas moved that the House Select Committee Report be amended by deleting
Special Rule No. 5.
A roll call vote was requested and supported.
The question being on Rep. Lucas' motion that the House Select Committee Report be
amended by deleting Special Rule No. 5.
Yeas 17, Nays 52, Excused 0, Absent and Not Voting 0
Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle;
Lockner; Lucas; Nachtigal; Patterson; Sutton (Daniel); Waltman; Wilson
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra;
Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky;
Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Lucas announced his intention to file a dissent, pursuant to Joint Rule 1-10.
Rep. Lucas moved that the House Select Committee Report be amended by deleting
"However, the presiding officer may limit the time allotted to the parties and may restrict the
questioning of the members." from Special Rule No. 4.
A roll call vote was requested and supported.
The question being on Rep. Lucas' motion to amend Special Rule No. 4.
And the roll being called:
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra;
Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Peterson; Pummel;
Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Weber;
Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question now being on Rep. Cutler's motion to adopt the House Select Committee
Report.
And the roll being called:
Yeas 53, Nays 15, Excused 0, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Crisp; Cutler;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Juhnke; Klaudt; Koehn; Konold; Kooistra;
Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber;
Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Chicoine; Davis; Fischer Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lockner;
Lucas; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman
Absent and Not Voting were:
Jaspers
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and the report as amended was adopted.
Rep. Cutler moved that the House do now recess to resolve itself into a Committee of the Whole for the purpose of considering the election of the member from District 12.
Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry);
Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos;
Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson
(Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum;
Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Haley moved as a substitute motion that, pursuant to the decision in McIntyre v.
Wick, 1996 SD 147, 558 NW2d 347, the Committee of the Whole confine its examination of
the election returns to the sheets from the precincts and county showing the total individual
votes cast for each legislative candidate and that individual ballots not be examined.
A roll call vote was requested and supported.
The question being on Rep. Haley's substitute motion that, pursuant to the decision in
McIntyre v. Wick, 1996 SD 147, 558 NW2d 347, the Committee of the Whole confine its
examination of the election returns to the sheets from the precincts and county showing the total
individual votes cast for each legislative candidate and that individual ballots not be examined.
And the roll being called:
Yeas 19, Nays 48, Excused 1, Absent and Not Voting 1
Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle;
Kooistra; Lockner; Lucas; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Wilson
Excused were:
Monroe
Absent and Not Voting were:
Duniphan
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Haley announced his intention to file a dissent, pursuant to Joint Rule 1-10.
The question now being on Rep. Cutler's motion that the House do now recess to resolve
itself into a Committee of the Whole for the purpose of considering the election of the member
from District 12.
Which motion prevailed and at 3:11 p.m. the House was recessed.
Mr. Speaker offered the petition of Hal Wick for placement in the House Journal.
In re WICK V. McINTYRE
DISTRICT TWELVE ELECTION CONTEST
PETITION OF HAL WICK
Petitioner Hal Wick hereby respectfully serves his official notice to this Honorable House of Representatives of his request to initiate an election contest, in re the District Twelve general
election November last, pursuant to Article III, Section 9 of the Constitution of the State of
South Dakota.
Dated this 6th day of January, 1999.
JOHNSON, HEIDEPRIEM, MINER
MARLOW & JANKLOW, L.L.P.
By Scott N. Heidepriem
Ronald A. Parsons, Jr.
431 North Phillips Avenue, Suite 400
Sioux Falls, SD 57104-5933
(605) 338-4304
Attorneys for Petitioner Wick
SOUTH DAKOTA HOUSE Linda Lea M. Viken
OF REPRESENTATIVES VIKEN, VIKEN, PECHOTA,
500 E. Capitol LEACH & DEWELL, L.L.P.
Pierre, SD 57501 1617 Sheridan Lake Road
Rapid City, SD 57702
on this 6th day of January, 1999.
Scott N. Heidepriem
Ronald A. Parsons, Jr.
The following persons testified concerning the election of the member from District 12:
Mr. Scott Heidepriem for candidate Wick.
Ms. Linda Lea Viken for candidate McIntyre.
Ms. Viken requested that the Speaker have the following letters placed in the House
Journal.
Mr. Hal Wick
3009 Donahue Drive
Sioux Falls, SD 57105
Dear Mr. Wick:
I deny the grounds alleged in your written notice to me. These matters were properly decided by the recount board and you have not appealed that decision. If the Legislature chooses to entertain this matter, I reserve my right to raise any and all issues related not only to exhibits 1-171, but to all matters touching upon the election.
John McIntyre
3204 S. Jefferson Ave.
Sioux Falls, SD
Dear John:
Please accept this as notice pursuant to SDCL 12-22-26 of my intention to institute a legislative
contest relative to our recent race for the House of Representatives. This contest is based upon
a review of exhibits 1 through 171 of the recount board.
Specifically, I believe that ARSD 5:02:16:17 dealing with identifying marks on ballots was
inconsistently applied. The Recount Board properly rejected ballots with identifying marks on
the front of the ballot. But the Recount Board should have extended that rule to the back of the
ballot, as well. I can find no reason to distinguish between identical marks on the front and back.
Can you?
In addition, two ballots which arrived at the absentee precinct in a timely manner were never
opened and counted, apparently because they were delivered to a different place in the
courthouse.
Sincerely,
Hal Wick
Rep. Cutler moved that the Committee of the Whole do now rise.
The question being on Rep. Cutler's motion that the Committee of the Whole do now rise.
A roll call vote was requested by the Speaker.
And the roll being called:
Yeas 69, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley;
Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra;
Koskan; Lintz; Lockner; Lucas; McCoy; McNenny; Michels; Monroe; Munson (Donald);
Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter;
Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson;
Windhorst; Wudel; Young; Speaker Hunt
Rep. Cutler moved that the House do now reconvene.
Which motion prevailed and the House reconvened at 6:10 p.m.
Speaker Hunt presiding.
Rep. Cutler moved that the House do now proceed with the election for the member of
District 12.
Rep. Koetzle moved as a substitute motion that a committee of the whole recount all seven
thousand votes.
A roll call vote was requested and supported.
The question being on Rep. Koetzle's substitute motion that a committee of the whole
recount all seven thousand votes.
And the roll being called:
Yeas 17, Nays 51, Excused 0, Absent and Not Voting 1
Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer Clemens; Hagen; Haley; Hanson; Koetzle; Lockner;
Nachtigal; Patterson; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Wilson
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold;
Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Volesky; Weber; Wetz;
Windhorst; Wudel; Young; Speaker Hunt
Absent and Not Voting were:
Lucas
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Koetzle announced his intention to file a dissent, pursuant to Joint Rule 1-10.
A roll call vote was requested and supported.
The question being on Rep. Windhorst's substitute motion that the House require a recount
of the 1998 District 12 McIntyre/Wick race, that a new recount board be appointed, and that the
recount be done under the directive that every ballot with an identifying mark be disqualified.
And the roll being called:
Yeas 14, Nays 55, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Clark; Fitzgerald; Fryslie; Hennies; Klaudt; Lintz; McCoy; Sebert; Solum;
Volesky; Windhorst; Wudel
Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer Clemens; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle;
Konold; Kooistra; Koskan; Lockner; Lucas; McNenny; Michels; Monroe; Munson (Donald);
Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt;
Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Haley moved as a substitute motion that the House find the election results in the
McIntyre-Wick contest in order and that the decision of the recount board be affirmed.
A roll call vote was requested and supported.
The question being on Rep. Haley's substitute motion that the House find the election
results in the McIntyre-Wick contest in order and that the decision of the recount board be
affirmed.
And the roll being called:
Yeas 28, Nays 41, Excused 0, Absent and Not Voting 0
Yeas were:
Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Engbrecht; Fischer Clemens;
Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas;
McCoy; Munson (Donald); Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Weber;
Wilson
The question now being on Rep. Cutler's motion to proceed with the election for the
member of District 12.
And the roll being called:
Yeas 51, Nays 16, Excused 0, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold;
Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber;
Wetz; Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Burg; Cerny; Chicoine; Davis; Fischer Clemens; Hagen; Haley; Hanson; Koetzle; Kooistra;
Lockner; Nachtigal; Patterson; Sutton (Daniel); Volesky; Wilson
Absent and Not Voting were:
Lucas; Waltman
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried.
A coin was tossed. Members voting for Mr. Wick will vote green and those voting for Mr.
McIntyre will vote red.
And the roll being called:
Green 33, Red 36, Excused 0, Absent and Not Voting 0
Yeas were:
Brooks; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Fiegen; Fitzgerald; Fryslie; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz;
McNenny; Michels; Monroe; Napoli; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton
(Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt
Mr. McIntyre, having received an affirmative vote of a majority of the members-elect, was
declared the winner in District 12.
Rep. Cutler moved that when we adjourn today, we adjourn to convene at 11:00 a.m., on
Wednesday, January 13th, the 2nd legislative day.
Which motion prevailed and the report was adopted.
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 12:00 noon, January 13, 1999.
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,
SCOTT ECCARIUS M. MICHAEL ROUNDS
ORVILLE SMIDT HAROLD W. HALVERSON
PAT HALEY JIM HUTMACHER
House Committee Senate Committee
Rep. Cutler moved that the report of the Joint-Select Committee relative to arranging the
Joint Session of the Senate and the House of Representatives be adopted.
Which motion prevailed and the report was adopted.
Also MR. SPEAKER:
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,
SCOTT ECCARIUS M. MICHAEL ROUNDS
JAY DUENWALD BARBARA EVERIST
LARRY LUCAS JIM HUTMACHER
House Committee Senate Committee
Rep. Cutler 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.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Rounds, Halverson, and Hutmacher as a committee of three on the part of the Senate to meet
with a like committee on the part of the House to arrange for a Joint Session of the two Houses
to receive the message of the Governor.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Rounds, Everist, and Hutmacher as a committee of three on the part of the Senate 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 he may desire to
transmit.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Rounds, Halverson, and Hutmacher as a committee of three on the part of the Senate to meet
with a like committee on the part of the House relative to the joint rules for the Seventy-fourth
Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Halverson, Rounds, and Hutmacher as a committee of three on the part of the Senate to meet
with a like committee on the part of the House to arrange for legislative days for the members,
officers, and employees of the Senate and House.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Halverson, Rounds, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-fourth
Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such
compensation schedule be filed with the Director of the Legislative Research Council and the
State Auditor.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Everist, Whiting, and Olson as a committee of three on the part of the Senate to meet with a like
committee on the part of the House for the purpose of conferring with the Director of the
Legislative Research Council in regard to making arrangements for the distribution of the
official directory, Senate and House Journals, and bills and other legislative printing for the two
Houses and the state offices with the full power to act.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Frederick, Hainje, and Flowers as a committee of three on the part of the Senate to meet with
a like committee on the part of the House relative to securing chaplains for the Seventy-fourth
legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Paisley, Shoener, and Lange as a committee of three on the part of the Senate to meet with a like
committee on the part of the House for the purpose of arranging for a memorial recognition of
deceased former members of the Senate and House.
HB 1001
Introduced by:
Representatives Cutler, Broderick, Chicoine, McNenny, Monroe,
Napoli, Pummel, Smidt, and Waltman and Senators Madden, Dennert, and Olson at the request
of the Interim Taxation Committee
FOR AN ACT ENTITLED, An Act
to provide for the assessment of property based on its
acquisition value.
Was read the first time.
HB 1002 Introduced by: Representatives Napoli, Chicoine, Cutler, McNenny, Pummel, and Smidt and Senators Madden, Brosz, Dennert, and Olson at the request of the Interim Taxation Committee
HB 1003
Introduced by:
Representatives McNenny, Broderick, Chicoine, Cutler, Diedrich
(Larry), Monroe, Napoli, Pummel, Smidt, and Waltman and Senators Dennert, Brosz, Madden,
and Olson at the request of the Interim Taxation Committee
FOR AN ACT ENTITLED, An Act
to provide for the recovery of certain expenses in an
action brought to court by any governmental subdivision relative to the assessment of property.
Was read the first time.
HB 1004
Introduced by:
Representatives Crisp, Derby, Fischer-Clemens, Konold, and
Munson (Donald) and Senators Olson, Hutmacher, and Vitter at the request of the Interim
Transportation Committee
FOR AN ACT ENTITLED, An Act
to increase and revise license fees for certain
noncommercial vehicles and to revise the distribution of such fees.
Was read the first time.
HB 1005
Introduced by:
Representatives Wetz, Jaspers, Lockner, and Weber and Senators
Brown (Arnold), Benson, Drake, Lange, Reedy, Valandra, and Vitter at the request of the
Interim Agriculture Committee
FOR AN ACT ENTITLED, An Act
to revise the membership of the Value Added Finance
Authority.
Was read the first time.
HB 1006
Introduced by:
Representatives Jaspers, Lockner, Weber, and Wetz and Senators
Vitter, Benson, Brown (Arnold), Drake, Lange, Reedy, and Valandra at the request of the
Interim Agriculture Committee
FOR AN ACT ENTITLED, An Act
to revise the membership on the Board of Economic
Development.
Was read the first time.
HB 1008
Introduced by:
Representatives Hunt, Cerny, Duenwald, and Hagen and Senators
Lawler and Kloucek at the request of the Interim Health and Human Services Committee
FOR AN ACT ENTITLED, An Act
to require a managed care plan to contract with any
provider willing to meet the terms and conditions of the plan.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1009
Introduced by:
Representatives Hunt, Cerny, Fiegen, Hagen, and Peterson and
Senators Lawler, Brosz, and Kloucek at the request of the Interim Health and Human Services
Committee
FOR AN ACT ENTITLED, An Act
to require a managed care plan to have a medical
director or clinical peer director.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1010
Introduced by:
Representatives Hunt, Cerny, Duenwald, Fiegen, Hagen, Koskan,
and Peterson and Senators Kloucek, Brosz, Ham, and Lawler at the request of the Interim Health
and Human Services Committee
FOR AN ACT ENTITLED, An Act
to provide certain protections for persons enrolled in
managed care plans.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1011
Introduced by:
Representatives Hunt, Cerny, Duenwald, and Hagen and Senators
Kloucek and Lawler at the request of the Interim Health and Human Services Committee
FOR AN ACT ENTITLED, An Act
to provide covered persons in managed care plans with
reasonable access to providers.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1013
Introduced by:
Representatives Hunt, Duenwald, Fiegen, Hagen, Koskan, and
Peterson and Senators Lawler, Brosz, Ham, and Kloucek at the request of the Interim Health and
Human Services Committee
FOR AN ACT ENTITLED, An Act
to establish certain requirements regarding coverage
of emergency medical services in managed care plans.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1014
Introduced by:
The Committee on Agriculture and Natural Resources at the
request of the State Brand Board
FOR AN ACT ENTITLED, An Act
to revise certain provisions related to the regulation,
inspection, and transportation of livestock.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1015
Introduced by:
The Committee on Local Government at the request of the State
Board of Elections
FOR AN ACT ENTITLED, An Act
to revise certain election procedures for the formation
of certain special districts and the election of directors, managers, or trustees.
Was read the first time and referred to the Committee on Local Government.
HB 1016
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 procedure for school district elections
involving ties votes or request for recount.
Was read the first time and referred to the Committee on Local Government.
HB 1018
Introduced by:
The Committee on Local Government at the request of the State
Board of Elections
FOR AN ACT ENTITLED, An Act
to allow the precinct superintendent to assign duties
to the members of an election board and to consolidate the position of judge and clerk.
Was read the first time and referred to the Committee on Local Government.
HB 1019
Introduced by:
Representatives Brown (Jarvis), Apa, Duniphan, and Fitzgerald
and Senators Albers, Moore, and Whiting at the request of the Interim Judiciary Committee
FOR AN ACT ENTITLED, An Act
to provide for a statewide public defender program for
indigents charged with certain high-grade felonies.
Was read the first time and referred to the Committee on Judiciary.
HB 1020
Introduced by:
Representatives Brown (Jarvis), Apa, Duniphan, and Fitzgerald
and Senators Albers, Moore, and Whiting at the request of the Interim Judiciary Committee
FOR AN ACT ENTITLED, An Act
to provide a general diversion program within the
office of the state's attorney for certain misdemeanor offenses.
Was read the first time and referred to the Committee on Judiciary.
HB 1021
Introduced by:
Representatives Brown (Jarvis), Apa, Duniphan, and Fitzgerald
and Senators Albers, Moore, and Whiting at the request of the Interim Judiciary Committee
FOR AN ACT ENTITLED, An Act
to provide a diversion program within the office of the
state's attorney for restitution on insufficient funds checks.
Was read the first time and referred to the Committee on Judiciary.
HB 1022
Introduced by:
Representatives Brown (Jarvis), Apa, Duniphan, and Fitzgerald
and Senators Albers and Whiting at the request of the Interim Judiciary Committee
HB 1023
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.
HB 1024
Introduced by:
The Committee on Commerce at the request of the Department
of Labor
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the minimum
wage to be paid persons under twenty years of age.
Was read the first time.
HB 1025
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 confidentiality provisions regarding
Department of Social Services record information concerning abuse or neglect resulting in the
fatality or near fatality of a child.
Was read the first time and referred to the Committee on Judiciary.
HB 1026
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 require a permanency hearing to be held if the court
has determined that reasonable efforts are not appropriate, to require that the court determine
a compelling reason exists when long-term foster care is proposed as a permanent plan, and to
clarify what circumstances constitute long-term foster care for children adjudicated as abused
or neglected.
Was read the first time and referred to the Committee on Judiciary.
HB 1027 Introduced by: The Committee on Judiciary at the request of the Department of Social Services
HB 1028
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 relating to the inspection
of certain residential care facilities.
Was read the first time.
HB 1029
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Health
FOR AN ACT ENTITLED, An Act
to repeal the definition for a rural primary care hospital
and to provide for a definition of a critical access hospital.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1030
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 state health inspections of school food
services programs.
Was read the first time and referred to the Committee on Education.
HB 1031
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 certain provisions relating to state aid to
education.
Was read the first time and referred to the Committee on Education.
HB 1032
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 causes for which a teacher's certificate
may be revoked or suspended.
HB 1033
Introduced by:
The Committee on Appropriations at the request of the Board of
Regents
FOR AN ACT ENTITLED, An Act
to increase estimated cost for certain construction
projects and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1034
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Administration
FOR AN ACT ENTITLED, An Act
to exempt the purchasing of utilities from certain
competitive bid requirements.
Was read the first time and referred to the Committee on State Affairs.
HB 1035
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Administration
FOR AN ACT ENTITLED, An Act
to permit the State of South Dakota to waive
performance and payment bonds for public improvements under certain circumstances.
Was read the first time and referred to the Committee on State Affairs.
HB 1036
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Administration
FOR AN ACT ENTITLED, An Act
to permit the State of South Dakota to waive bid
security on bids for public improvements under certain circumstances.
Was read the first time and referred to the Committee on State Affairs.
HB 1037
Introduced by:
The Committee on Transportation at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act
to revise certain motor carrier regulations and to
increase motor carrier eligibility for single trip permits.
Was read the first time and referred to the Committee on Transportation.
HB 1039
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 the definition of professional dog trainer for
the purposes of licensing by the Department of Game, Fish and Parks.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1040
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 repeal certain restrictions regarding the hunting of
black bears, mountain lions, and wolves and to establish civil damages for the unlawful taking
of mountain lions.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1041
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 remove the annual renewal requirements for a
resident small game or resident fishing license for certain qualified persons.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1042
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 secretary of commerce and regulation
to issue restricted driver licenses to persons whose driving privileges have been withdrawn and
to promulgate certain administrative rules.
HB 1043
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 to require alcohol coverage
under certain insurance policies and to limit the cancellation of certain insurance policies and
to repeal certain provisions regarding insurance company use of automobile glass repair
companies.
Was read the first time and referred to the Committee on Commerce.
HB 1044
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 date for the submission of certain
continuing education reports by insurance agents.
Was read the first time and referred to the Committee on Commerce.
HB 1045
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 concerning the
confidentiality of bank examinations.
Was read the first time and referred to the Committee on Commerce.
HB 1046
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 installment
transactions involving a motor vehicle.
Was read the first time and referred to the Committee on Commerce.
HB 1047
Introduced by:
The Committee on Commerce at the request of the Department
of Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to grant state-charted banks powers allowed federally
charted banks under certain conditions.
Was read the first time and referred to the Committee on Commerce.
HB 1048
Introduced by:
The Committee on Commerce at the request of the Department
of Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to establish within the Board of Chiropractic
Examiners a disciplinary committee and an ethics committee and to increase and establish
certain fees regarding chiropractors.
Was read the first time and referred to the Committee on Commerce.
HB 1049
Introduced by:
The Committee on Commerce at the request of the Department
of Commerce and Regulation
FOR AN ACT ENTITLED, An Act
to require certain specifications and tolerances for
weights and measures established by administrative rule to be in conformance with updated
national standards.
Was read the first time and referred to the Committee on Commerce.
HB 1050
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 term, creditable coverage, with regard to
health insurance policies.
Was read the first time and referred to the Committee on Commerce.
HB 1051
Introduced by:
The Committee on Transportation at the request of the
Department of Revenue
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the fuel excise
tax.
Was read the first time and referred to the Committee on Transportation.
HB 1052
Introduced by:
The Committee on Transportation at the request of the
Department of Transportation
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding accident record
fees.
Was read the first time and referred to the Committee on Transportation.
HB 1054
Introduced by:
The Committee on Transportation at the request of the
Department of Transportation
FOR AN ACT ENTITLED, An Act
to modify the minimum penalties for second or
subsequent offenses for driving under the influence.
Was read the first time and referred to the Committee on Transportation.
HB 1055
Introduced by:
The Committee on Transportation at the request of the
Department of Transportation
FOR AN ACT ENTITLED, An Act
to revise and remove certain segments of the state
trunk highway system.
Was read the first time and referred to the Committee on Transportation.
HB 1056
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 requirements for coordination of
benefits of group health plans.
Was read the first time and referred to the Committee on Commerce.
HB 1057
Introduced by:
The Committee on Agriculture and Natural Resources at the
request of the Department of Agriculture
FOR AN ACT ENTITLED, An Act
to revise certain provisions and fees regarding certain
licenses issued by the Department of Agriculture and to revise certain provisions and fees
regarding certain inspections.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1058 Introduced by: The Committee on Commerce at the request of the Department of Commerce and Regulation
HJR 1001
Introduced by:
Representatives Cutler, Broderick, Chicoine, McNenny, Monroe,
Napoli, Pummel, Smidt, and Waltman and Senators Madden, Dennert, and Olson at the request
of the Interim Taxation Committee
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article XI, section 2 of the Constitution of the State of South Dakota,
relating to the method used to assess the value of property.
Was read the first time.
Rep. Koehn moved that the House do now adjourn, which motion prevailed, and at 8:03
p.m. the House adjourned.