The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Father Terry Anderson, followed by the Pledge
of Allegiance led by Senate page Nicole Orel.
Roll Call: All members present.
The Committee on State Affairs respectfully reports that it has had under consideration SB
54 and 66 and returns the same with the recommendation that said bills do pass.
On page
2
,
line
22
,
after "
proposed
"
delete "
rules
"
and insert "
rule
"
.
"
Section 3. That
§
1-26-1.2
be amended to read as follows:
1-26-1.2.
The interim rules review committee shall choose a
chairman
chair
from its
members and prescribe its rules of procedure. Meetings of the committee shall be at the call of
the
chairman
chair
or a majority of the committee.
The Committee on Taxation respectfully reports that it has had under consideration SB 46
and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration SB 50
and 57 which were deferred to the 36th legislative day.
The Committee on Government Operations and Audit respectfully reports that it has had
under consideration SB 74 and returns the same with the recommendation that said bill do pass
and be placed on the Consent Calendar.
I have the honor to transmit herewith HB 1004, 1024, 1025, 1027, 1031, 1032, 1034, 1035,
and 1041 which have passed the House and your favorable consideration is respectfully
requested.
SENATE PAGE RESOLUTION 1: Introduced by: Senators 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, and Whiting
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-fifth
Legislature of the State of South Dakota to Emily Amdahl, Jessica Amdahl, Bethany
Foster, Jeffrey Nath, Nicole Orel, Donna Roghair, Christopher Thompson, Eric Westrum,
and Paige Wilbur.
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fifth
Legislature; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fifth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each on this last day of service.
Sen. Rounds moved that Senate Page Resolution 1 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 1 be adopted.
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.
SCR 2
Introduced by:
Senator Daugaard and Representatives Hunt and Brooks
A CONCURRENT RESOLUTION,
Designating a portion of State Highway 115 as the
POW/MIA Memorial Highway.
SB 157
Introduced by:
Senators Daugaard and Brosz and Representatives Koskan and
Broderick
FOR AN ACT ENTITLED, An Act to
clarify the reporting and collection of the
telecommunications access fee for the deaf, hearing impaired, and speech impaired.
Was read the first time and referred to the Committee on Commerce.
SB 158
Introduced by:
Senator Lange
FOR AN ACT ENTITLED, An Act to
revise the application of certain federal regulations
on motor carriers operating intrastate vehicles.
Was read the first time and referred to the Committee on Transportation.
SB 159
Introduced by:
Senators Munson (David), Moore, and Olson and Representatives
Wilson, Haley, Koehn, Koetzle, Kooistra, Lucas, McIntyre, Patterson, Waltman, and Weber
FOR AN ACT ENTITLED, An Act to
provide for final offer resolution for certain public
employees.
Was read the first time and referred to the Committee on State Affairs.
SB 161
Introduced by:
Senators Bogue and Everist and Representatives Hunt and Fischer-
Clemens
FOR AN ACT ENTITLED, An Act to
restrict the legal responsibility to provide financial
support for certain family members.
Was read the first time and referred to the Committee on Judiciary.
SB 162
Introduced by:
Senators Olson, Hainje, Paisley, and Reedy and Representatives
Wilson, Burg, Crisp, Jaspers, and Peterson
FOR AN ACT ENTITLED, An Act to
provide for the creation of a no solicitation calls list
for persons wishing not to receive unsolicited telephone calls, to create a telephone solicitation
account, and to establish certain fees and civil penalties.
Was read the first time and referred to the Committee on Commerce.
SB 163
Introduced by:
Senators Whiting, Everist, and Olson and Representatives Michels,
Hunt, and Wilson
FOR AN ACT ENTITLED, An Act to
establish guidelines for the management and use of
investments held by certain eleemosynary institutions and funds.
Was read the first time and referred to the Committee on Judiciary.
SB 164
Introduced by:
Senators Reedy, Brosz, and Kloucek and Representatives Lucas,
Chicoine, Fischer-Clemens, Kooistra, McCoy, McIntyre, Patterson, and Wilson
FOR AN ACT ENTITLED, An Act to
establish qualifications for substitute teachers.
Was read the first time and referred to the Committee on Education.
SB 165
Introduced by:
Senators Reedy, Albers, Flowers, and Lawler and Representatives
Brown (Richard), Clark, and Engbrecht
SB 166
Introduced by:
Senators Benson, Bogue, and Dennert and Representatives Young,
Juhnke, and Koskan
FOR AN ACT ENTITLED, An Act to
revise expenditures from cemetery perpetual care
funds.
Was read the first time and referred to the Committee on Local Government.
SB 167
Introduced by:
Senators Benson and Bogue and Representatives Juhnke and
Koskan
FOR AN ACT ENTITLED, An Act to
require the clerk to file the return and remit the sales
tax due from auctions.
Was read the first time and referred to the Committee on Taxation.
SB 168
Introduced by:
Senator Munson (David) and Representative Peterson
FOR AN ACT ENTITLED, An Act to
establish certain requirements regarding the sale,
distribution, and importation or cigarettes.
Was read the first time and referred to the Committee on Commerce.
SB 169
Introduced by:
Senators Munson (David) and Albers and Representatives Earley,
Davis, Koetzle, and Peterson
FOR AN ACT ENTITLED, An Act to
revise the provisions limiting the number of retail
alcoholic licenses that may be issued to one person.
Was read the first time and referred to the Committee on Commerce.
SB 170
Introduced by:
Senators Flowers, Brown (Arnold), Moore, Paisley, Symens, and
Vitter and Representatives McNenny, Sutton (Duane), and Volesky
FOR AN ACT ENTITLED, An Act to
revise the provisions relating to the establishment
of separate market values in neighborhoods.
SB 171
Introduced by:
Senators Brown (Arnold), Lawler, and Shoener and Representatives
Earley, Broderick, Konold, and Peterson
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding consumer
installment sales contracts.
Was read the first time and referred to the Committee on Commerce.
SB 172
Introduced by:
Senators Hutmacher, Brosz, Everist, Kloucek, and Reedy and
Representatives Lucas, Chicoine, Fischer-Clemens, Hennies, Kooistra, McCoy, McIntyre,
Patterson, Sutton (Daniel), and Wilson
FOR AN ACT ENTITLED, An Act to
define long-term substitute teachers and to require
certain reporting on the use of long-term substitute teachers.
Was read the first time and referred to the Committee on Education.
SB 173
Introduced by:
Senators Lange, Duxbury, Flowers, and Reedy and Representatives
Waltman, Burg, Davis, Haley, Kazmerzak, Lockner, Lucas, McIntyre, Weber, and Wilson
FOR AN ACT ENTITLED, An Act to
increase the amounts of financial responsibility to
be maintained on certain motor vehicles.
Was read the first time and referred to the Committee on Commerce.
SB 79:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to notice
or nonrenewal of automobile policies.
Was read the second time.
The question being "Shall SB 79 pass?"
And the roll being called:
Sen. Rounds moved that SB 10 be deferred until Monday, January 31, the 15th legislative
day.
Which motion prevailed and the bill was so deferred.
Sen. Rounds moved that SB 12 and 93 be deferred until Tuesday, January 25, the 11th
legislative day.
Which motion prevailed and the bills were so deferred.
SB 45:
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.
Having had its second reading was up for consideration and final passage.
Sen. Flowers moved the previous question.
Which motion prevailed.
The question being "Shall SB 45 pass?"
And the roll being called:
Nays were:
Brosz; Staggers
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 48:
FOR AN ACT ENTITLED, An Act to
establish the crime of criminal exposure to
HIV and to provide a penalty therefor.
Was read the second time.
The question being "Shall SB 48 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Kleven; Kloucek; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Frederick; Hutmacher
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 60:
FOR AN ACT ENTITLED, An Act to
provide for the revocation of the driving
privileges of certain persons who are under the influence of illegal substances while driving or
riding in a motor vehicle.
Was read the second time.
The question being "Shall SB 60 pass?"
And the roll being called:
Nays were:
Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 61:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crimes of
vehicular homicide and vehicular battery.
Was read the second time.
The question being "Shall SB 61 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 62:
FOR AN ACT ENTITLED, An Act to
provide that sexual penetration with a minor
stepchild is rape in the third degree.
Was read the second time.
" Section 2. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as follows:
Sen. Halverson moved that Sen. Rebecca Dunn's motion to amend SB 62 be laid on the
table.
Which motion prevailed.
The question being "Shall SB 62 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Rounds moved that SB 24 be deferred until Monday, January 24, the 10th legislative
day.
Which motion prevailed and the bill was so deferred.
HB 1004:
FOR AN ACT ENTITLED, An Act to
repeal and revise certain provisions
concerning the annual assessment of property.
Was read the first time and referred to the Committee on Taxation.
HB 1024:
FOR AN ACT ENTITLED, An Act to
revise certain boating and snowmobile
accident reporting procedures.
Was read the first time and referred to the Committee on Transportation.
HB 1027:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
nursing facility administrator licensure renewal and to provide for the reactivation of inactive
license status.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1031:
FOR AN ACT ENTITLED, An Act to
allow certain driver education courses
from other states to be used to meet the requirements for a restricted minor's permit.
Was read the first time and referred to the Committee on Education.
HB 1032:
FOR AN ACT ENTITLED, An Act to
revise the requirements for health carriers
engaging in certain types of managed care activities and to consolidate managed care statutes.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1034:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
renewal licenses for advanced practice nurses.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1035:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding health
insurance on a franchise plan and to allow for discounts.
Was read the first time and referred to the Committee on Commerce.
HB 1041:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
licensure of health care facilities and lodging and food service establishments.
Was read the first time and referred to the Committee on Health and Human Services.
SC 10
Introduced by:
Senator Brosz and Representatives Konold and Solum
A LEGISLATIVE COMMEMORATION,
Honoring Mr. Bill Zubke of Watertown as South
Dakota's 2000 Teacher of the Year.
During the Joint Session of the Senate and House of Representatives on January 20, 2000,
the following resolution was read:
WHEREAS, in the lives of all these eminent public servants there was noted a profound
urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-
government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-fifth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the
interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity
to the highest principles of American citizenship by these honorable people, that the Senate and
the House of Representatives do now pause in their labors out of respect for the memory of their
late fellow associates in the functions of government, and note that in their passing, the state
they have served so well has suffered a distinct loss, and though their labors have ceased and
they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the
Senate and the House of Representatives of the Seventy-fifth Session of the Legislature of the
State of South Dakota, now assembled this 20th day of January, 2000, at Pierre, South Dakota.
Sen. Drake moved that the Senate do now adjourn, which motion prevailed, and at
2:20 p.m. the Senate adjourned.