The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the eighth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
"Section 1. That
§
36-4-19
be amended to read as follows:
36-4-19.
The Board of Medical and Osteopathic Examiners may, without examination, issue
a license to any applicant holding a currently valid license or certificate issued to the applicant
by the examining board of the District of Columbia, any state or territory of the United States,
the National Board of Medical Examiners, the National Board of Osteopathic Physicians and
Surgeons, or any province of Canada,
from which the license was obtained by a written
examination given by the board,
if the legal requirements of the examining board at the time it
issued the license or certificate were not less than those of this state at the time the license is
presented for registration.
Section 2. That
§
36-4-41
be amended to read as follows:
36-4-41.
Any nonresident physician or osteopath who, while located outside this state,
provides diagnostic or treatment services through electronic means to a
person
patient
located
in this state under a contract with a health care provider licensed under Title 36, a clinic located
in this state that provides health services,
a health maintenance organization, a preferred
provider organization,
or a health care facility licensed under chapter 34-12, is engaged in the
practice of medicine or osteopathy in this state.
No nonresident physician or osteopath who,
while located outside this state, consults on an irregular basis with a licensee under this chapter
who is located in this state, is engaged in the practice of medicine or osteopathy in this state.
Consultation between a nonresident physician or osteopath and a licensee under this chapter is
governed by
§
36-2-9.
"
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR
1 and SB
68 which were deferred to the 36th Legislative Day.
"Section 5. That
§
10-45-6.1
be amended to read as follows:
10-45-6.1.
There
Except as provided in section 1 of this Act, there
is hereby imposed on
amounts paid for local telephone services, toll telephone services, and teletypewriter services,
a tax of four percent of the amount so paid. The taxes imposed by this section shall be paid by
the person paying for the services. If a bill is rendered the taxpayer for local telephone service
or toll telephone service, the amount on which the tax with respect to such services shall be
based shall be the sum of all charges for such services included in the bill; except that if a
person who renders the bill groups individual items for purposes of rendering the bill and
computing the tax, then the amount on which the tax for each such group shall be based shall
be the sum of all items within that group, and the tax on the remaining items not included in any
such group shall be based on the charge for each item separately. If the tax imposed by this
section with respect to toll telephone service is paid by inserting coins in coin operated
telephones, the tax shall be computed to the nearest multiple of five cents, except that, where
the tax is midway between multiples of five cents, the next higher multiple shall apply. The tax
so paid shall be remitted at the same time as the sales tax imposed by this chapter.
"
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB
60
which was deferred to the 36th Legislative Day.
MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1004 which has been adopted by the House and
your concurrence is respectfully requested.
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-
seventh Legislature of the State of South Dakota to Nikki Big Crow, Darcy Dunker, Ashley
Eichstadt, Carrie Gonsor, Mariah Kennedy, Jeanette Nygaard, Shantel Penn, Heather
Thompson, Hilary Van Asperen, Charly Warren, and Lori Wiese.
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-seventh
Legislative Session; and
WHEREAS, the members of the Seventy-seventh Senate express their most sincere
appreciation to these young people for their service to the state; 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-seventh
Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified
and furnished to each page on this last day of service.
Sen. Everist moved that Senate Page Resolution 1 be adopted.
The question being on Sen. Everist's motion that Senate Page Resolution 1 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Was read the first time and the President waived the committee referral.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson
(Ed); Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Putnam; Reedy
HCR 1004:
A CONCURRENT RESOLUTION,
Urging the study of the problem of
teenage in-vehicle drinking and drug use.
Sen. Everist moved that the reports of the Standing Committees on
Commerce on SB 37 as found on page 98 of the Senate Journal
; also
Commerce on SB 50 as found on page 99 of the Senate Journal
; also
Education on SB 41 as found on page 100 of the Senate Journal
; also
Transportation on SB 71 as found on page 102 of the Senate Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 137
Introduced by:
Senators Daugaard, Brown (Arnold), Diedtrich (Elmer), Duxbury,
McIntyre, Reedy, and Whiting and Representatives Hunhoff, Brown (Richard), Glenski,
Holbeck, Peterson (Bill), Pitts, Smidt, and Sutton (Duane)
FOR AN ACT ENTITLED, An Act to
allow local units of government to regulate tobacco
products.
Was read the first time and referred to the Committee on Health and Human Services.
SB 138
Introduced by:
Senators Volesky and Duxbury and Representative Flowers
FOR AN ACT ENTITLED, An Act to
appropriate money to the state fair.
Was read the first time and referred to the Committee on Appropriations.
SB 139
Introduced by:
Senators Greenfield, Apa, Dennert, Duxbury, Koskan, Reedy, and
Symens and Representatives Fryslie, Begalka, Hansen (Tom), Hargens, Holbeck, Juhnke,
Klaudt, Koistinen, Sigdestad, and Sutton (Duane)
FOR AN ACT ENTITLED, An Act to
revise the number of allowable hunting days for
certain nonresident waterfowl licenses.
SB 140
Introduced by:
Senator Whiting and Representative Brown (Jarvis)
FOR AN ACT ENTITLED, An Act to
revise certain provisions governing trusts.
Was read the first time and referred to the Committee on Judiciary.
SB 141
Introduced by:
Senator Whiting and Representative Brown (Jarvis)
FOR AN ACT ENTITLED, An Act to
authorize total return unitrusts.
Was read the first time and referred to the Committee on Judiciary.
SB 142
Introduced by:
Senator Whiting and Representative Brown (Jarvis)
FOR AN ACT ENTITLED, An Act to
allow certain trusts to be shareholders in certain
professional organizations.
Was read the first time and referred to the Committee on Judiciary.
SB 143
Introduced by:
Senator Munson
FOR AN ACT ENTITLED, An Act to
exempt ephedrine from the controlled drugs and
substances schedule under certain circumstances.
Was read the first time and referred to the Committee on Health and Human Services.
SB 144
Introduced by:
Senators Vitter, Albers, and McCracken and Representative
Adelstein
FOR AN ACT ENTITLED, An Act to
provide certain financial and employment
protections to members of the South Dakota National Guard.
Was read the first time and referred to the Committee on State Affairs.
SB 145
Introduced by:
Senators Diedrich (Larry), McIntyre, and Olson (Ed) and
Representatives Begalka, Broderick, Holbeck, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
revise certain requirements for school district
reorganization.
SB 146
Introduced by:
Senators Dennert, Greenfield, Koskan, and Symens and
Representatives Fryslie, Hanson (Gary), Juhnke, Koistinen, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
increase the number of fall three-day temporary
nonresident waterfowl licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 147
Introduced by:
Senators McIntyre, Dennert, Hutmacher, Koetzle, Moore, Staggers,
and Sutton (Dan) and Representatives Gillespie, Bartling, Bradford, Davis, Elliott, Flowers,
Hargens, Kloucek, McCoy, Nachtigal, Nesselhuf, Olson (Mel), Valandra, and Van Norman
FOR AN ACT ENTITLED, An Act to
provide for a bill of rights for children in the care
of the state.
Was read the first time and referred to the Committee on State Affairs.
SB 148
Introduced by:
Senators Brosz, Brown (Arnold), Daugaard, and Whiting and
Representatives Solum, Koistinen, and Konold
FOR AN ACT ENTITLED, An Act to
revise and extend certain provisions relating to the
licensure of drivers who have experienced epileptic, narcoleptic, or other convulsions, seizures,
or blackouts.
Was read the first time and referred to the Committee on Commerce.
SB 149
Introduced by:
Senators Everist, Brosz, Cradduck, Hutmacher, Koetzle, McIntyre,
Moore, Olson (Ed), and Sutton (Dan) and Representatives Peterson (Bill), Murschel, and Olson
(Mel)
FOR AN ACT ENTITLED, An Act to
allow a school district to impose additional taxes.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Was read the first time and referred to the Committee on Education.
SB 30:
FOR AN ACT ENTITLED, An Act to
limit the ability of the director of the
division of securities to review securities registration based on merit review.
Was read the second time.
The question being "Shall SB 30 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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 35:
FOR AN ACT ENTITLED, An Act to
revise the proration of ethanol payments to
ethanol producers.
Was read the second time.
The question being "Shall SB 35 pass?"
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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 39:
FOR AN ACT ENTITLED, An Act to
revise the duties of the filing office in
dealing with uniform commercial code records.
Was read the second time.
The question being "Shall SB 39 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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 46:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
controlled substances.
Was read the second time.
The question being "Shall SB 46 pass as amended?"
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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 55:
FOR AN ACT ENTITLED, An Act to
revise the circumstances under which certain
financial instruments are presumed abandoned.
Was read the second time.
The question being "Shall SB 55 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed);
Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Koetzle; Putnam; Reedy
And the roll being called:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed);
Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Koetzle; Putnam; Reedy
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed);
Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Koetzle; Putnam; Reedy
And the roll being called:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed);
Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Koetzle; Putnam; Reedy
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed);
Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Koetzle; Putnam; Reedy
SB 15:
FOR AN ACT ENTITLED, An Act to
repeal and revise certain provisions
regarding the composition of the mental health planning and coordination advisory council.
Was read the second time.
The question being "Shall SB 15 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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.
Was read the second time.
The question being "Shall SB 21 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson
(Ed); Sutton (Dan); Symens; Vitter; Volesky; Whiting
Staggers
Putnam; Reedy
SB 21:
FOR AN ACT ENTITLED, An Act to
prohibit tax stamping or payment of taxes
on cigarettes or roll your own tobacco products produced by certain nonparticipating
manufacturers and to provide for the creation of a directory for compliant nonparticipating
manufacturers.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson
(Ed); Sutton (Dan); Symens; Vitter; Volesky; Whiting
Staggers
Putnam; Reedy
SB 48:
FOR AN ACT ENTITLED, An Act to
expand the Board of Pardons and Paroles
to nine members.
Was read the second time.
The question being "Shall SB 48 pass as amended?"
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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 54:
FOR AN ACT ENTITLED, An Act to
revise the vote required to authorize a school
district bond.
Was read the second time.
Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedtrich
(Elmer); Everist; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken;
McIntyre; Moore; Munson; Olson (Ed); Staggers; Sutton (Dan); Symens; Volesky; Whiting
Albers; Diedrich (Larry); Drake; Duxbury; Greenfield; Vitter
Putnam; Reedy
HB 1019:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
livestock brands and livestock ownership inspection.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Was read the first time and referred to the Committee on Commerce.
HB 1021:
FOR AN ACT ENTITLED, An Act to
revise the record retention period for
certain insurance licensees and registrants.
Was read the first time and referred to the Committee on Commerce.
HB 1020:
FOR AN ACT ENTITLED, An Act to
revise the term of retention of certain
records by insurers and to require certain delivery receipts to be forwarded to an insurer.
SC 6
Introduced by:
Senator Vitter and Representatives Lintz and Pederson (Gordon)
Pursuant to the Joint Select Committee Report found on page 11 of the Senate Journal, the
following is Governor William J. Janklow's State of the State Address:
Madam Lieutenant Governor, Mr. Speaker, Mr. Chief Justice, Ladies and Gentlemen of
the Legislature, and you Ladies and Gentlemen of the Supreme Court and Constitutional
Officers.
If I could, I'd like to start off today by introducing a new position for an old member of
one of the branches of government. Under our system, the justices of the Supreme Court select
for a term the Chief Justice of this State, and the justices of our Supreme Court have seen fit to
select as the new Chief Justice for the State of South Dakota David O. Gilbertson. Justice
Gilbertson.
Will, our daughter Pam and her husband Randy, our daughter Shonna and her husband Bill and
their two children, little Daniel and little Emma. That's little Daniel back there waving at me.
One, you always put taxpayers first.
Two, we have a responsibility in government to provide for the public education of our
citizens.
And four, we have an absolute responsibility to care for people who can't care for
themselves. We get into fights at times as to at what point should people start taking care of
themselves or at what point should they be fully responsible for themselves, but we never get
into a fight where we're taking care of people who truly can't help themselves.
We get into arguments about what ought to be against the law, and if it is against the
law, what should be the penalty, and if you get a penalty, for how long should you be penalized.
But none of us argue that we need a system whereby we can maintain the protectoral integrity
of the people and the property within this state.
Finally, do we truly put taxpayers first, recognizing how important that truly is? There
is no such thing as government money. There is no such thing as federal money or state money.
Money is paid by human beings. No corporation pays taxes. They get their money from people.
No business pays taxes. It gets its money from people and the owners. Individuals who earn
pay taxes, and it is the earnings that they have that give them the ability to go out and make the
purchases and make our economy move.
Way back when I was running for Governor eight years ago, my opponent and I both
said that we would cut property taxes 30 percent. Every member of the other party, my friends
that are Democrats, picked up the pledge and said they would cut property taxes 30 percent.
Every member of my party made a public pledge. We would cut property taxes 30 percent, and
we worked hard to deliver on that after the election was over.
people, one or the other. Because, the reality of the situation is, you can see by the blue lines
on that chart what taxes were in property tax collections going back to 1983. You can see the
huge rises that started to take place in '92, '93, '94, '95 that brought about a citizens' revolt.
When Jim Beddow and I were running for Governor years ago, at every single debate, every
single question by the media, every public appearance, the first question always was, What are
you going to do about property taxes? That was always the dominant issue. As a matter of fact,
we had an election that year where our people voted on a constitutional referendum that had
been created by initiative. That constitutional referendum, rolling back over about $300 million
to $500 million of taxes, lost by less than 1600 votes. In a statewide election, only 1600 votes
separated the victory from the loss on the various sides on that issue. That's how angry our
people were at property taxes.
So, you can see that it took us more than four years. It took us several years, but we
were able to achieve that 30 percent rollback for homeowners and agriculture property. What
you see in the yellow are the payments that have been made the last six years into the funding
of the schools. That's money that would have been paid by property taxpayers had we had the
old system still in place. We kept our word. We kept our bond with the public.
We've wired 622 public school buildings, all the private school buildings that wanted
to be wired, every public university, every private university, and every public library. There
is no question we are ready for the next millennium, the one that we're in, with respect to the
technology base that's in place.
There is not a state in the Union that has a course for teachers, their classroom educators,
that goes to 200 hours to learn how to utilize technology. Forty percent of all the classroom
teachers in this state, 40 percent, four out of every ten drawing a paycheck for being teachers
or educators, have been through that TTL course that has a minimum of 200 hours of instruction
in how to utilize technology to enhance learning.
content standards, the students are going to be able to pass the tests. But, more important than
passing the test, they'll have the fundamental knowledge in the subject matter that they have to
have to get ahead in life, to go to the next grade, to go to the next phase of their life.
We all talked about the importance of reading, so out of it came this program. We
couldn't afford to do Reading Recovery and Sylvan Learning and some of the specialized,
expensive courses. So, we put good minds together from Sioux Falls College, the University
of South Dakota, SDSU, several of our schools. We put people together in the public school
systems and the Department of Education. They came up with a curriculum that you folks
funded at our request. Last year, it was so successful, a year ago now, that we asked you to
expand the program. By popular demand, it was asked, don't take it to the first and second.
Take it to the first, second, and third grades, and let's accelerate it and get it done quicker.
US WEST gave us a donation of $17 million, every penny of it. As a matter of fact, the
agreement that I negotiated with them provided that in all the non-US WEST territory_the
territory that's covered by the private telephone companies, the municipal telephone companies,
the co-op telephone companies like ours at Splitrock in Brandon_they would get the same
benefit in their schools as all the other schools. US WEST agreed to that. It was a $17 million
investment in what we call the Vtel program.
The state pays for all the networking in South Dakota. I am not aware of anyplace else
in America where all the network costs amongst and between the schools for the utilization of
technology are taken on as a state burden.
Then, in the last eight years, we've put, over and above the legislative funding, $12
million additional dollars into the purchase of equipment, specialized equipment, to make our
tech schools at Sioux Falls and Watertown and Mitchell and Rapid City the best equipped tech
schools in the nation for the subjects they teach. Really, it has been phenomenally successful.
mess. It's exactly what we have in some families. So, moving forward on this has really been
an exciting venture.
The early intervention of juvenile offenders program that you've heard us talk about
before, we've had, as of today_I had them get these statistics this morning. Eight thousand four
hundred sixty-eight young boys and girls, teenagers, basically, that have gotten themselves into
trouble with minor violations of alcohol or drugs have not had to go through the court system,
who have been able to be diverted utilizing the resources of the court system and the state's
attorney's office. A decision was made not to formalize anything. And when I say 8468, that's
the successful ones that, at this point, have not been back in trouble_a phenomenally good
program.
We tested 24,700 for high blood pressure. And listen to this. A third of them, 34
percent is what the number was, but over 8000 of them had elevated blood pressure, and we
referred them to their doctors. Just think of what we were able to accomplish.
That organ donor program where we got your permission to have people sign up for
being organ donors on their driver's licenses_the legislation lets me, if I want to make that
decision, to formalize it. It can't be reversed after I am gone or as I am leaving, either way, if
I make that decision. Fifty-four thousand eight hundred South Dakotans have responded and
identified themselves formally as organ donors to give life to somebody else. Think about that.
What could be a greater gift than, as you leave, to give somebody the stuff, the parts, the organs
you are not going to ever again need, be it a heart or a lung or a kidney or a pancreas or a liver
or a bowel or a stomach or Lord knows what, the cornea or tissue from the skin as these medical
things advance.
We hear very little today about the problems of doctors in rural areas. We've been very successful with that, again with a new program that we asked you to pass and you did. You worked with us on it and massaged it. And the program that we passed says no longer will we give you a free education. You go to med. school, you go to an appropriate community, and
when your loan payments become due every year, we'll make your loan payment. That program
has worked very, very well.
This is a bragging point by me, but during the eight years that I've been here this time
and the eight years before, over 50,000 miles of rural water pipes have been laid in the ground.
That would circle the earth twice, plus. Over 50,000 miles have been laid in the ground.
In terms of roofing, for the last four years, I've had roofing crews for state office
buildings. They have put on 68 roofs representing 3.2 million square feet, have put on all
kinds, from the vulcanized roofs to the shingle roofs to the tar and gravel roofs. You name it.
But our inmate crews, and these people are highly skilled when they get out of prison, but the
savings to the taxpayers are in the tens and tens and tens of millions of dollars.
We have tuck-pointed 32 buildings including this one at 10 different sites, 32 different
buildings in 10 different communities.
respect that they're shown, they respond like anybody. It is truly phenomenal how well they've
done.
We've got them out there thinning forest now. We have a crew, as I speak, that is
working for the US Forest Service, thinning in their forest. And then we've also got them
working in Custer State Park. I really had a goal, by the time I left office, to try and get Custer
State Park completely done. We probably won't make it. They say we won't make it, but we're
not giving up yet. We've still got 11 months.
We've built 800 homes, 755 homes in this state, in the prison. Now, if it is 755, and
we've got 750,000 people, that's one for every thousand. If we average two people in every
home in this state, for every 500 people, we built a home. There is nothing that rivals this
anyplace, anyplace. Nebraska just started this program. Their home costs twice as much as
ours. They've just started this program, and theirs is $60,000.
They've repaired the state fair grounds.
They've responded to disasters.
They've maintained. Look at this building. Look at the grounds. We have marvelous
crews that work for us that are full-time state employees, but they are augmented by the women
inmates in this community.
We're rebuilding all the campgrounds on the Missouri River that we've gotten from the
Corps of Engineers and also our own, utilizing inmate labor.
We have rebuilt 2717 bicycles since that program started a couple of years ago.
We have repaired 144 buses that are in all your communities or areas. Every area of
South Dakota has one of those buses serving it, and 144 have been brought up to snuff, so to
speak, by the prison labor.
We built 162 handicap ramps that go on people's houses that need assistance to get into
their houses. The National Guard has been delivering them, but the inmates have built 162 of
them.
We've rebuilt so many wheelchairs they told me they can't keep track of them. They
said, "Governor, just say thousands and thousands and thousands of wheelchairs have been
rebuilt by the prisoners in their programs."
In this last year, 2.3 million hours were done.
We could do more. We can do better, and I'll get on that in a little bit.
In the James River, trying to clean it up after the floods and snows came and caused all
the dead trees and killed all those trees. We removed over 81,000 dead trees up and down the
James River through the conservation districts and planted 160,000 others.
Think of this. Three and a half million tires have been picked up and hauled away.
That's in the face of a program that's been going on for a decade where, when you trade in tires,
if you don't want your old tires, they take them for a fee. They charge everybody a fee whether
you take them or not, and yet we have still picked up 3.5 million.
We've picked up 10,000 batteries.
We've crushed and destroyed 3500 cars and trucks.
And 1496 buildings have been torn down or scooped off the ground or burned up or
buried.
The pesticide containers_we picked up 94,000 that had 60,000 gallons of liquid in them
that were dangerous.
On the top line, if you see Average Growth 1.5 percent, and on the next set down, if you
see Average Growth 2.5 percent, what that really shows on those two charts is what will happen
if, over and above the gross return of 6.85 or 7.85, the difference being what is called the
average growth factor over and above the income factor. If it is only, only 1.5 percent growth,
by the year 2010, we won't have our beginning $226 million in it. We're going to have, after the
payouts, $261 million in it, and our people will get the $12 million plus the additional $1.4
million. Now, God willing, some of you will be around here in 2099. If you are and it grows
at 1.5, you're going to have a billion dollars you're going to watch them fight over. Under the
2.5 percent growth scenario, it is three times that much. It would be $3 billion. That shows
what compounding can do and the sensible methodology you followed to take the consistent $12
million payout, take a little bit more, and put the rest of it away into a growth factor.
assets to GCC Dakotah, Inc. referred to above presents fairly, in all material respects, the gain
on sale of assets to GCC Dakotah, Inc. of South Dakota Cement on March 16, 2001, as
determined by the Asset Purchase Agreement referred to in the first paragraph." And it's signed
by McGladrey & Pullen.
We are asking that we provide the same thing for pilots and people that work at airports
for ID that they have for automobiles. You have to have a photo ID. Our pilots' licenses should
require that people have a photo ID. It never came home more_this was in our hopper since
about October, but this weekend brought it into perspective as clearly as anything can.
We need a system for updating who the local officials are. One of the things we found
when in an emergency is we want to contact all the mayors, all the city water works directors,
all the city commissioners, we have a lot of changeovers in South Dakota on a continuous basis.
People quit, they leave office, whatever, and we don't always know about it. We need to know,
if they've got one, their home phone number, their office phone number, their fax number, their
cell phone number, their E-mail, because in emergencies, you've got a lot of people to get a hold
of, especially now. These aren't isolated things where it is a town in crisis. It may be a whole
region or a whole state in crisis, so we're going to have to update our laws on how we have the
ability. We can file this stuff with the Secretary of State. Or, if we want it to be
confidential_and there's a lot of reason to keep a lot of numbers confidential_they could be
on file over at the Emergency and Disaster Office and only available to Emergency and Disaster
officials and the Governor's emergency disaster staff. But we need to have the ability to reach
these people.
We need to modernize our quarantine laws. That's one of the things we need to do. We
have quarantine laws, but they were written for what I'll call God's acts of sickness. There was
nothing where people would go around infecting other people deliberately, so we don't have the
ability to really, really deal with that type of thing.
We had a person in South Dakota that's been arrested in federal court for having gone
down to Florida with a 13-year-old girl that he met on the Internet and having spent a week with
her. They're all over the place, out of state, in state. They're everyplace.
As a matter of fact, of those that they know about, 34 percent of the unwanted sexual
solicitations were by adults, 48 percent were by minors, and 18 percent they don't know who
they were.
Unwanted sexual exposure_one out of every four kids was exposed to bestiality or
sodomy or sexual acts being done by human beings or human beings and others. One out of
every four in this group, and 67 percent of them came at home.
I know you folks have ideas. We all have some. There's legislation that is model
legislation that is being enacted around the country. The feds are active in this. The Attorney
General's been active in this. We all need to come together and pass laws that just flat will give
our people the ability to be able to deal with this. And I know the arguments will be over what
to do, not should we do something.
municipalities, schools, and townships_it's started to go up. This year, it was $6 million. The
cumulative impact is now $15 million.
schools that fit into each bracket, so opposite 200 you can see we have 52 schools that have 200
or less students.
Look at the average teacher salary. For those of us that don't want to do the math, you
can look at column three, because the difference between the schools at 10,000 and those in the
next 11 schools in group two is $2753 a year in average school pay. This is FY 2000, because
it is the last year we have statistics. Then, if you will look down to the next one, the schools of
1000-2100, you will see that there are 12 of them. Their average pay is $28,000+ a year. That's
$2700 less than the second-largest group of schools. And, cumulatively, it is $5500 less than
the first school. So, what you can see is, depending on school district size, the average pay for
teachers goes from $33,900 to $31,000 to $28,000 to $27,000 to $25,000 to $23,000, and all
something. The difference between them in the cumulative change is $2700, $5500, $6700,
$8700, and $10,000. Folks, there's our problem.
But my friends, let's look. The districts are the same. Let's look now, if we can, at
grades four, eight, and eleven. What we see in grade four is they're all about the same, because
these are one to a hundred. These are percentile tests, 62.5, 65, 62, 64, 64, 66. At the eighth
grade, 70, 68, 67, 68, 68, 70_a nice little bracket. But look what happens in high school. We
go from 67 down to 64+ to 62+ to 61+ to 58+, 59+ for the next two. Now, this doesn't mean
they are all bad. These are averages of schools grouped together. But folks, if you can't see that
there is a statistical plot here, we're all not able to see. It's as clear as anything you could
imagine.
Now let's take a quick look at the next chart. Let's look at two kinds of tests. I know.
Everybody hates tests, but I want to share one thing with you. I'd like to sometime see the
people send me a letter that want to fly in an airplane with a pilot that hasn't been tested or want
their loved one operated on by doctors who didn't take their boards or who flunked them. Under
the argument that, well, all they do is test you on the subject matter, so they're teaching the test.
That's what they're supposed to do. Teach you the stuff that you need to know to pass the test.
So, there's nothing wrong with teaching people the tests. Just make it long tests, and that solves
the problem.
going to seize the advantage politically. There is no hall of fame for cowards that won't address
real problems. None. None.
But last year, during the legislative session, I had a private meeting with Representative
Holbeck, and he and I were discussing this. He was telling me he thought I was in error in my
feeling that the producers couldn't fix this problem, couldn't address it, because I had said,
"Consumers need to do this." I said, "Lawyers and judges can't fix what's wrong with the court
system, but the public can do it. Doctors and hospitals can't fix what's wrong with medical care,
but the public can, and the teachers and school board officials and administrators can't fix what's
wrong with education. The public can."
He said, "I disagree with you, and I'd like a chance to show you." So I told him I would
provide some grant funding that was available to me, and he could pick the task force, and so
he did.
So, we actually had two task forces, one of them made up of all citizens, some of who
were formerly involved in education, and the other all educators of all phases. They are both
about to issue their final reports. If they haven't, it will be just momentarily. I'm asking that the
Legislature come together as a committee of the whole. We will find suitable facilities within
the community because, frankly, if the members of both task forces come, it would be too
crowded in here. I honestly believe it is worth the time early in the session to take the time to
listen to what these citizens have to say, what they've done, the work they've put in, the analyses
they've made, the conclusions they've reached, the recommendations that they have_ whether
we agree or disagree with them. They've put a lot of time and effort into this. It's thoughtful
effort. And I think that we really need to take a look at it, so I'm asking that we come together
of your whole or just a group of you to look this over and listen to them.
Now some people say, well, that isn't really going to education. It is paying for property
tax relief. When we pay property tax relief, we are paying somebody else's bill that was paying
for education before. We picked up that responsibility.
Is it enough? No. It's not enough. I don't even argue that it's enough, at all. What I am
saying, though, is, consistent with what we can afford, we put our money into education. Look
at the phenomena_there is nothing in our budget. You can't find anything that has increased
like that since 1979 in the government. It has gone up 900 percent. That's a nine times increase
during that period of time.
We live in a time, for some reason_and it's a lot better since September 11, because
we're afraid_but people don't trust government. They just plain don't trust it. They don't trust
the federal government and how it deals with the Black Hills National Forest. We can argue
different sides of different issues on calling it environmentalism or public safety or whatever
you want, but you're hard pressed to find anybody who deals with these forests that will tell you
they are anything but unhealthy, unsafe, dangerous, and a tinderbox. The Southern Hills are
almost burned up. I'll have a map on display for you in the rotunda that will show where the
fires have been just the last two years_forget all the others, just the last two years' major
fires_the Roger's Shack Fire, the Elk Mountain Fire, and the Jasper Fire. Look at the Southern
Hills and see what you see about what's been destroyed. And 100 years from now, it won't be
back to the great shape that it once was in.
When these other fires start, we've got 100,000 people that live in or adjacent to the Black
Hills National Forest. You'd better believe it is trouble.
We're having immense problems with the Homestake Gold Mine deal. I can tell you
there's nobody that hasn't busted their tails to get this done that's involved in it. Tom Daschle
has been in it up to here. John Thune has been in it up to here. Tim Johnson has been in it up
to here. I've been in it up to there. We have really worked hard. We've all tried to work
together, but I can tell you. The legislation that passed is unacceptable to the people that would
give us the mine. I frankly don't know, and I don't like to be the bearer of bad news. I
understand the political consequences in that, but I am shooting straight with you all. We may
not get it, because Homestake doesn't trust the government. They just don't trust them.
At one point in the discussions, I said to them, before we got to where we are at now,
"What's the reason for the intensity of this feeling?"
Because, I can tell you, folks, there was a time when Homestake was a terrible citizen. They were. They used mercury in separating gold from ore, and arsenic and cyanide, lots of things that they didn't handle responsibly. They were put on the Superfund. I put them on the Superfund site when I was Governor before. I nominated them and they were accepted.
He said, "Governor, let me tell you. It's like tar on a road. You reach out and you shake
hands with the federal government. When you take your hand back, they're stuck to you. They
never come off. We can't get them off, so we're not going to deal with them on it."
The enormity of the loss to this state cannot be calculated. Forget the monetary side of
it which is huge. The educational side is even far more important, really far more important.
To make a project successful, you need three things. You need management. You need
labor. And, you need capital. Yes, you can cripple yourselves on any one of the three, but if
you really want to be successful, you need good labor that's well taken care of. You need good
management that takes care of its people and makes wise decisions. And, you need capital.
You've got to have all three or you'll live on subsidies and grants forever and hope you make it.
We need to take a look at that.
Look at the immense problem we're having with prairie dogs, lots of criticism on prairie
dogs. But, I can tell you, my friends, if we do nothing, they are going to list it as an endangered
species. These people that say, "It ain't going to bother me. I'll just fight them." The last time
someone fought the federal government, it was called the Civil War. They lost. It sounds good
on the news, but you lose. They are going to win when the law is on their side. And the US
Supreme Court, whether we like it or not, has ruled the law is on their side on everything from
spotted owls to you name it. There are things we can do, but, again, it's the distrust of people.
The deal we put together, people say, "I don't believe the feds that they are going to mean
this." They want it in writing, so we're actually working on getting it in writing so that we can
move forward with it.
Our wetlands, the same thing. They don't trust the government. How do you explain to farmers in Brookings County, Moody County, Dewell County, Grant County that their rules on what a wetland is should be different from somebody 100 feet or one foot away in Minnesota? How do you explain to a couple of farmers that own adjacent property in both
states that their wetland rules are different in two different states by the same federal
government? They don't trust.
You know, when they signed the Declaration of Independence, they pledged their lives,
their fortune, and their sacred honor. They had something worth fighting for, living for, and,
if necessary, dying for. The legislation that we deal with, we're going to probably deal with 300,
400, 500, 600 bills this year. A couple hundred will pass. How many are worth fighting for and
dying for? Those are the ones that are important. It's nice to debate what the state dessert is or
fish. It really is. Or where we ought to put up a sign or five more miles of state highway, but
is it going to make a difference? Is it going to make a difference?
We say success is being all you can be. Why isn't success being all the people around
you can be? Wouldn't that be just as good a measurement? Let's make success what all the
people around you are, all around us.
We get 35 days this year. That's what we've got. We've got 35 days to do something.
Honestly, friends, if I started over here with Representative Eccarius, and I went over here to
Representative Bartling, went all through the place, every one of you, if I asked you what the
real issues are sitting in my office or in the hallway or in your car, we'd have the same five or
six for everybody. Let's address them. Let's go fight them. Let's do it. No. Nobody has a
patent on ideas, but let's do it. Let's, when you go home, say that we haven't ignored these
things once again. We haven't pandered to interests that we think will help us in the next
election, because it doesn't pay off.
Sometimes when people are a minority, they've earned it. Sometimes, when a majority
becomes a minority, they've earned it. Sometimes, when you win an election, you've earned it.
And, sometimes, when you lose an election, you've earned it.
But I've never met many taxpayers that hold it against you for having an idea and
fighting for something you believe in. They don't penalize you for that in South Dakota, and
I'm proof of that. They don't penalize you for fighting for what you believe in. I'm aware more
than any of you of the criticisms that are laid on me. "He fights too hard." "He never gives up."
"It's his way or no way." No, it isn't. It's going to be some way, though. I'm a person that,
honest to God, believes if you've got a problem, you can only talk about it so long. Then you've
got to do something about it. You have to act.
A boy held up the folded flag,
Cursed it and called it a dirty rag.
An old man pushed through the angry crowd
With a rusty shotgun shouldered proud.
His uniform jacket was old and tight.
He had polished each button shiny and bright.
He crossed the stage with a soldier's grace
Until he and that boy stood face to face.
Freedom of speech, the old man said,
Is worth dying for. Good men are dead
So you can stand on this courthouse lawn
And talk us down from dusk to dawn.
But before any flag gets burned today,
This old man is going to have his say.
My father died on a foreign shore
In a war they said would end all wars.
But Tommy and I wasn't even full-grown
Before we fought in a war of our own.
And Tommy died on Iwo Jima's beach
In the shadow of a hill he couldn't quite reach.
Where five good men raised this flag so high
That the whole world could see it fly.
I got this bum leg that I still drag
Fighting for that same old flag.
Now there's but one shot in this old gun,
So now it's time to decide which one.
Which one of you will follow our lead
To stand and die for what you believe?
For sure as there's a rising sun,
You'll burn in hell before this flag burns, son.
Now this riot never came to pass.
The crowd got quiet with their can of gas.
So the battle of the flag was won that day
By a tired old soldier with a rusty gun
Who, for one last time, had to show to some
This flag may fade, yet these colors don't run.
Next year, it belongs to one of these other people, as it appropriately should, but I am
telling you. Bill Janklow_God gave him the ability to make a difference. But that same God
gave every one of you the identical ability to make a difference.
We've got problems in this state. We can't solve them all. But when you go home in 35
days, we ought to be able to look the public in the eye_and, more importantly, we ought to be
able to look the mirror in the eye_and say there's not a problem that I believe_in my heart and
in my head_there's not a single problem that I know exists that I didn't try and do something
about if the government can fix it.
I've been in hospital wards where I can tell you, you can't fix all people's problems.
We're all mortal and we all know it. But I'm also telling every one of you, my friends, every
single one of you. We have a responsibility, not just me. You and I together, individually and
in groups, we have a responsibility to make a difference for the future of South Dakota.
I've always loved that challenge. So do you. We've got 35 days to deal with the
problems we know exist that we can do something about. Let's go to work.
Thank you all.