BE IT REMEMBERED, That on the eleventh day of January, A.D., two thousand, 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-fifth 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:
All merciful, all powerful Lord, hear our prayer today and help us be faithful to our
calling to serve the good people of South Dakota.
Bless our Governor, William Janklow, and all public servants. Bless all our citizens with
wisdom, integrity, and a deep desire to make life together safe and productive.
We thank You, God, for being who You are; grant us all sound judgment as we live
under Your grace.
In the name of our Saviour, Jesus Christ. Amen.
The Pledge of Allegiance to the flag of the United States was led by Senate page Paige
Wilbur.
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. 5 Codington County
Don Brosz, Watertown
District No. 6 Clark, Codington, Hamlin, Kingsbury and Miner Counties
Randall Frederick, Hayti
District No. 7 Brookings County
Arnold M. Brown, Brookings
District No. 8 Lake, Minnehaha and Moody Counties
Gerald F. 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. 16 Lincoln and Union Counties
Kenneth D. Albers, Canton
District No. 17 Clay and Turner Counties
John J. Reedy, Vermillion
District No. 18 Yankton County
Garry Moore, 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
Robert N. Duxbury, Wessington Springs
District No. 23 Campbell, Edmunds, Faulk, Hyde, Potter and Walworth Counties
Robert "Bob" 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
Eric H. Bogue, Dupree
District No. 29 Butte and Meade Counties
Marguerite Kleven, Sturgis
District No. 30 Custer, Fall River and Pennington Counties
Drue J. Vitter, Hill City
District No. 32 Pennington County
Arlene H. Ham, Rapid City
District No. 33 Meade and Pennington Counties
Fred Whiting, Rapid City
District No. 34 Pennington County
Jerry J. Shoener, Rapid City
District No. 35 Pennington County
Cheryl Madden, Rapid City
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, 2000.
(SEAL)
Roll Call: All members present.
December 2, 1999
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 24-13 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Theodore J. Pins,
Jr., Lake County, Wentworth, South Dakota, to the Board of Pardons and Paroles.
This appointment is effective January 17, 2000, and shall continue until January 19, 2004.
May 14, 1999
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 Rudolph A. Nef,
Grant County, Milbank, South Dakota, to the State Board of Regents.
This appointment is effective immediately, and shall continue until March 31, 2004.
March 8, 1999
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 42-7A-17 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Michael V.
Braley, Hutchinson County, Parkston, South Dakota, to the South Dakota Lottery Commission.
This appointment is effective immediately, and shall continue until January 1, 2002.
The Honorable Carole Hillard
President, South Dakota Senate
Capitol Building
Pierre, SD 57501
Dear President Hillard:
Pursuant to SDCL 24-13-1 and 24-13-2 the Supreme Court has reappointed Mary Lou
Jorgensen of Sioux Falls, South Dakota, to a four-year term as a member of the Board of
Pardons and Paroles, subject to the advice and consent of the Senate as required by SDCL 24-
13-1. Accordingly, the Court requests that you submit said appointment to the Senate for
consent during the 2000 Legislative Session.
Thank you for your cooperation. We will await your advice as to the Senate's action with
regard to this appointment.
January 11, 2000
The Honorable Carole Hillard
President of the Senate
500 East Capitol
Pierre, SD 57501
Re: Appointment of Sharon Kallemeyn
Dear Madam President and Members of the Senate:
Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, I have the
honor to inform you that I have appointed Sharon Kallemeyn to the Crime Victims
Compensation Commission.
Ms. Kallemeyn replaces Michael Demery whose appointment was effective until July 1,
2000.
Sen. Rounds moved that the Senate do now proceed with the organization of the Senate.
Which motion prevailed.
Sen. Rounds moved that Sen. Halverson be elected President Pro tempore of the Senate
for the Seventy-fifth Legislative Session.
The question being on Sen. Rounds' motion that Sen. Halverson be elected President Pro
tempore of the Senate for the Seventy-fifth Legislative Session.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Vitter; Whiting
Excused were:
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-
fifth Legislative Session.
The question being on Sen. Rounds' motion that Patricia Adam be elected Secretary of the
Senate for the Seventy-fifth Legislative Session.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Excused were:
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.
The President announced the appointment of the following named persons as employees
of the Senate for the Seventy-fifth Legislative Session:
First Assistant to the Secretary -- Helen Harryman
Second Assistant to the Secretary -- Joan Johnson
Index Clerk -- Trudy Evenstad
Secretary to the President Pro Tempore -- Nancy Benson
Secretary to the Majority Leader -- Ryan Olson
Secretary to the Minority Leader --Megan Floyd
Appropriations Secretary -- Kendra Richey
Committee Secretaries -- Frances Berendes, Cynthia Mercer, Margaret Nickels
Sergeant-at-Arms -- Curt Neuharth
Assistant Sergeants-at-Arms -- Rollie Benson, Alice Mae Kennedy, Don Rounds, Milo
Smith
Pages (1st Term) -- Emily Amdahl, Jessica Amdahl, Bethany Foster, Jeffrey Nath, Nicole
Orel, Donna Roghair, Christopher Thompson, Eric Westrum, Paige Wilbur
Pages (2nd Term) -- Jessica Boehrs, Elizabeth Boos, Athena Burnison, Seth Hirning, Bud
Jerke, Candace MacArthur, JaLynn MacArthur, Jordan Micko, Abby Moore,
Janelle Tschetter, Paul Tschetter
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 named employees:
First Assistant to the Secretary -- Helen Harryman
Second Assistant to the Secretary -- Joan Johnson
Index Clerk -- Trudy Evenstad
Secretary to the President Pro Tempore -- Nancy Benson
Secretary to the Majority Leader -- Ryan Olson
Secretary to the Minority Leader -- Megan Floyd
Appropriations Secretary -- Kendra Richey
Committee Secretaries -- Frances Berendes, Cynthia Mercer, Margaret Nickels
Sergeant-at-Arms -- Curt Neuharth
Assistant Sergeant-at-Arms -- Alice Mae Kennedy, Don Rounds
Pages (1st Term) -- Emily Amdahl, Jessica Amdahl, Bethany Foster, Jeffrey Nath, Nicole
Orel, Donna Roghair, Christopher Thompson, Eric Westrum, Paige Wilbur
Legislative Interns -- Sara Ashton, Deborah Cook, Tobie Eveland, Ami Garrigan, Meghan
Hoppe, Sarah Lake, Amy Reed, Grant Walker, Hugh Weber
Legislative Aide -- Jason Wright
Which were subscribed to and placed on file in the office of the Secretary of State.
The question being on Sen. Rounds' motion that the permanent joint rules and the
permanent Senate rules of the Seventy-fourth Legislative Session be adopted as the temporary
joint rules and temporary Senate rules for the Seventy-fifth Legislative Session.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Vitter; Whiting
Excused were:
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 Hutmacher.
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,
Everist, and Hutmacher.
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-fifth legislative session.
Which motion prevailed and the President appointed as such committee Sens. Rounds,
Halverson, and Hutmacher.
Which motion prevailed and the President appointed as such committee Sens. Halverson,
Rounds, and Olson.
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-fifth 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 Hutmacher.
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. Everist,
Whiting, and Olson.
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-fifth
Legislative Session.
Which motion prevailed and the President appointed as such committee Sens. Frederick,
Hainje, and Flowers.
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. Shoener,
Paisley, and Lange.
The President announced the appointment of the following standing committees:
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 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,
Scott Eccarius M. Michael Rounds
Orville Smidt Harold W. Halverson
Pat Haley Jim Hutmacher
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.
Also MADAM PRESIDENT:
Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly
organized and ready to meet in Joint Session to receive any communications he may desire to
transmit respectfully reports that the Governor is ready to appear before the Joint Session to
deliver his message.
Respectfully submitted, Respectfully submitted,
Scott Eccarius M. Michael Rounds
Jay Duenwald Barbara Everist
Larry Lucas Jim Hutmacher
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.
Which motion prevailed and the report was adopted.
SB 1
Introduced by:
Senators Moore, Lawler, and Olson and Representatives Brown
(Jarvis), Garnos, Hagen, Hennies, and Kooistra at the request of the Interim Drug Sales and Use
Committee
FOR AN ACT ENTITLED, An Act to
provide for the judicial jurisdiction of certain
underage consumption offenses.
Was read the first time and referred to the Committee on Judiciary.
SB 2
Introduced by:
Senators Olson, Lawler, and Moore and Representatives Kooistra,
Brown (Jarvis), Garnos, Hagen, and Hennies at the request of the Interim Drug Sales and Use
Committee
FOR AN ACT ENTITLED, An Act to
repeal certain provisions banning students from
extracurricular activities in secondary schools for controlled substance violations.
Was read the first time and referred to the Committee on Education.
SB 3
Introduced by:
Senators Olson, Lawler, and Moore and Representatives Hennies,
Garnos, and Hagen at the request of the Interim Drug Sales and Use Committee
FOR AN ACT ENTITLED, An Act to
limit the application of certain restrictions on the
eligibility of controlled substance violators for intercollegiate extracurricular competition.
Was read the first time and referred to the Committee on Education.
SB 4
Introduced by:
Senators Olson, Lawler, and Moore and Representatives Hennies,
Brown (Jarvis), Garnos, and Hagen at the request of the Interim Drug Sales and Use Committee
FOR AN ACT ENTITLED, An Act to
limit the application of certain restrictions on the
eligibility of controlled substance violators for state funded scholarships.
Was read the first time and referred to the Committee on Education.
SB 5
Introduced by:
Senator Drake and Representatives Monroe, Fryslie, Peterson,
Volesky, and Weber at the request of the Interim Health Insurance Committee
FOR AN ACT ENTITLED, An Act to
require certain reforms of health benefit plans
issued before July 1, 1996.
Was read the first time and referred to the Committee on Health and Human Services.
SB 7
Introduced by:
Senators Symens, Madden, and Vitter and Representatives McNenny,
Chicoine, Engbrecht, Juhnke, Lintz, Sebert, Slaughter, Sutton (Duane), Waltman, and Young
at the request of the Interim Tax Assessment Committee
FOR AN ACT ENTITLED, An Act to
remove the legal presumption of correctness which
attaches to the assessed valuation determined by the director of equalization.
Was read the first time and referred to the Committee on Taxation.
SB 8
Introduced by:
Senators Symens, Madden, Paisley, and Vitter and Representatives
Waltman, Chicoine, Engbrecht, Juhnke, Lintz, McNenny, Sebert, Slaughter, Sutton (Duane),
and Young at the request of the Interim Tax Assessment Committee
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
establishment of a separate market value for land in an identifiable region.
Was read the first time and referred to the Committee on Taxation.
SB 9
Introduced by:
Senators Vitter, Madden, Paisley, and Symens and Representatives
Young, Chicoine, Engbrecht, Juhnke, Lintz, McNenny, Sebert, Slaughter, Sutton (Duane), and
Waltman at the request of the Interim Tax Assessment Committee
FOR AN ACT ENTITLED, An Act to
provide for the extension of certain definitions
relating to tax assessments.
Was read the first time and referred to the Committee on Taxation.
SB 10
Introduced by:
Senators Vitter, Madden, and Symens and Representatives Sebert,
Chicoine, Engbrecht, Lintz, Slaughter, and Sutton (Duane) at the request of the Interim Tax
Assessment Committee
FOR AN ACT ENTITLED, An Act to
create a classification for owner-operated
commercial business property and to establish a maximum property tax levy on owner-operated
commercial business property for the general fund tax levy of a school district.
SB 11
Introduced by:
Senator Halverson and Representative Hunt
FOR AN ACT ENTITLED, An Act to
require annual training and testing for county
veterans' service officers and to grant rule-making authority to the Division of Veterans Affairs.
Was read the first time and referred to the Committee on State Affairs.
SB 12
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
provide for a conservation easement for certain state
lands.
Was read the first time and referred to the Committee on State Affairs.
SB 13
Introduced by:
Senators Bogue, Dennert, and Shoener and Representatives Michels,
Cerny, and Smidt at the request of the Interim Rules Review Committee
FOR AN ACT ENTITLED, An Act to
revise the procedure to adopt administrative rules.
Was read the first time and referred to the Committee on State Affairs.
SB 14
Introduced by:
The Committee on Local Government at the request of the Secretary
of State
FOR AN ACT ENTITLED, An Act to
revise the opening and closing times for polls.
Was read the first time and referred to the Committee on Local Government.
SB 15
Introduced by:
The Committee on Local Government at the request of the Secretary
of State
FOR AN ACT ENTITLED, An Act to
define who may be appointed as a member of the
precinct election board if a list is not provided by a party's county central committee.
Was read the first time and referred to the Committee on Local Government.
SB 16
Introduced by:
The Committee on Local Government at the request of the Secretary
of State
SB 17
Introduced by:
The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act to
remove the Aberdeen ambulance attendants as Class
B members of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 18
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 eligibility requirements under which
certain members of the South Dakota Retirement System can retire without a reduction in
benefits.
Was read the first time and referred to the Committee on Retirement Laws.
SB 19
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 20
Introduced by:
The Committee on Judiciary at the request of the Attorney General
FOR AN ACT ENTITLED, An Act to
provide for the crime of identity theft.
Was read the first time and referred to the Committee on Judiciary.
SB 21
Introduced by:
The Committee on Judiciary at the request of the Attorney General
FOR AN ACT ENTITLED, An Act to
allow for the additional public distribution of sex
offender information.
Was read the first time and referred to the Committee on Judiciary.
SB 23
Introduced by:
The Committee on Education at the request of the Department of
Education and Cultural Affairs
FOR AN ACT ENTITLED, An Act to
allow certain children to be included as a level two,
three, four, or five disability for the purpose of calculating special education state aid.
Was read the first time and referred to the Committee on Education.
SB 24
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 kindergarten attendance.
Was read the first time and referred to the Committee on Education.
SB 25
Introduced by:
The Committee on Education at the request of the Department of
Education and Cultural Affairs
FOR AN ACT ENTITLED, An Act to
limit transfers from a school district's general fund.
Was read the first time and referred to the Committee on Education.
SB 26
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 contract for active
depositories for the board and for the institutions under their control.
Was read the first time and referred to the Committee on Appropriations.
SB 27
Introduced by:
The Committee on Appropriations at the request of the Department
of Social Services
FOR AN ACT ENTITLED, An Act to
annually appropriate funds from the special racing
revolving fund and the South Dakota-bred racing fund to the Department of Social Services for
domestic and sexual abuse shelter programs.
SB 28
Introduced by:
The Committee on Education at the request of the Department of
Social Services
FOR AN ACT ENTITLED, An Act to
provide payment of tuition costs to nonpublic
education programs for students in governmental custody and to eliminate certain payments to
educational programs operated by public school districts.
Was read the first time and referred to the Committee on Education.
SB 29
Introduced by:
The Committee on State Affairs at the request of the Department of
Game, Fish, and Parks
FOR AN ACT ENTITLED, An Act to
designate areas within the state park system where
a park license may be required and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
SB 30
Introduced by:
The Committee on Judiciary at the request of the Department of
Game, Fish, and Parks
FOR AN ACT ENTITLED, An Act to
revise the procedures and causes for revocation of
certain hunting, fishing, and trapping privileges, and to provide a penalty.
Was read the first time and referred to the Committee on Judiciary.
SB 31
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 use of safety belts by passenger vehicle
occupants under eighteen years of age.
Was read the first time and referred to the Committee on Commerce.
SB 32
Introduced by:
The Committee on Judiciary at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act to
allow parties involved in a human rights dispute
equal access to investigative records in a contested case proceeding after a probable cause
determination.
Was read the first time and referred to the Committee on Judiciary.
SB 34
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act to
eliminate differential treatment between insurance
licensees and to allow monetary penalties in lieu of licensure denial.
Was read the first time and referred to the Committee on Commerce.
SB 35
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act to
provide for additional grounds for an order of
ineligibility for a surplus lines insurer.
Was read the first time and referred to the Committee on Commerce.
SB 36
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act to
establish standards for disability policies and
disability income policies.
Was read the first time and referred to the Committee on Commerce.
SB 37
Introduced by:
The Committee on Commerce at the request of the Department of
Commerce and Regulation
FOR AN ACT ENTITLED, An Act to
change the expiration period for certain temporary
cosmetology permits.
Was read the first time and referred to the Committee on Commerce.
SB 38
Introduced by:
The Committee on Health and Human Services at the request of the
Department of Human Services
SB 39
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 use and acceptance of electronic
signatures on certain applications and forms by the Department of Environment and Natural
Resources.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 40
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
revise certain water supply and treatment system
operator certification provisions to comply with the requirements of the federal Safe Drinking
Water Act.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 41
Introduced by:
The Committee on Appropriations at the request of the Department
of Environment and Natural Resources
FOR AN ACT ENTITLED, An Act to
authorize expenditures out of the water and
environment fund, to amend the state water plan, and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 42
Introduced by:
The Committee on Health and Human Services at the request of the
Department of Health
FOR AN ACT ENTITLED, An Act to
require varicella immunization for school entry.
Was read the first time and referred to the Committee on Health and Human Services.
SB 43
Introduced by:
The Committee on Health and Human Services at the request of the
Department of Health
SB 44
Introduced by:
The Committee on Transportation at the request of the Department
of Transportation
FOR AN ACT ENTITLED, An Act to
authorize the Transportation Commission to
promulgate administrative rules regarding access to state highways.
Was read the first time and referred to the Committee on Transportation.
SB 45
Introduced by:
The Committee on Taxation at the request of the Department of
Revenue
FOR AN ACT ENTITLED, An Act to
authorize the Governor to enter into a multi-state
compact for the development, implementation, and administration of a simplified sales and use
tax collection system.
Was read the first time and referred to the Committee on Taxation.
SB 46
Introduced by:
The Committee on Taxation at the request of the Department of
Revenue
FOR AN ACT ENTITLED, An Act to
require the payment of cigarette taxes in certain
instances.
Was read the first time and referred to the Committee on Taxation.
SJR 1
Introduced by:
Senators Ham, Halverson, Reedy, Symens, and Vitter and
Representatives Lucas and Hennies
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election amendments to Article VIII of the Constitution of the State of South Dakota to permit
the investment of the permanent school funds in certain stocks, bonds, mutual funds, and other
financial instruments and to use a certain portion of the interest and income to increase the
principal in the fund.
Was read the first time and referred to the Committee on State Affairs.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Eccarius, Smidt, 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.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Eccarius, Duenwald, 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 communications he may desire to transmit.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Duenwald, 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-fifth Legislative
Session.
Also MADAM PRESIDENT:
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 appointed Reps. Cutler,
Smidt, 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-fifth Legislative Session.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Smidt,
Hunt, 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. Smidt, Eccarius, 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. Hunt,
Smidt, 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-fifth 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 adopted the report of
the Joint-Select Committee for the purpose of making arrangements for the 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 communications he may desire to
transmit.
Sen. Rounds moved that the Senate do now recess for the purpose of receiving the
message of the Governor in Joint Session in the House chamber.
Which motion prevailed and at 12:40 p.m., the senate recessed.
The following prayer was delivered by Pastor Gretchen Lord Anderson, Ft. Pierre
Congregational Church of Christ and First Presbyterian Church, Onida, South Dakota:
Merciful and all-powerful God,
Lord, we ask that at this time in particular and as each day's business begins in this
legislative session, that You might make these legislators, our Governor, our state employees
and legislative staff, the news media, the lobbyists, and the people of South Dakota whose very
interests depend on clear vision and inspired service, that You might make us aware of Your
constant presence and Your ability to guide and to lead when we invite You to walk with us. All
praise be to You. Amen.
The Secretary of the Senate, Patricia Adam, called the roll of the Senate and the following
members were present:
Albers; Benson; Bogue; Brosz; Brown, Arnold; Daugaard; Dennert; Drake; Dunn, Jim; Dunn,
Rebecca; Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson, David; Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; 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; 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; Garnos; Hagen; Haley; Hanson;
Heineman; Hennies; Jaspers; Juhnke; Kazmerzak, Klaudt; Koehn; Koetzle; Konold; Kooistra;
Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; 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; Wudel; Young; Speaker Hunt.
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. Cutler,
Smidt, Haley, and Lucas on the part of the House and Sens. Rounds, Halverson, and Hutmacher
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.
Which motion prevailed.
The Senate reconvened at 2:55 p.m., the President presiding.
Sen. Arnold Brown moved that the Senate do now adjourn, which motion prevailed, and
at 2:58 p.m. the Senate adjourned.