SEVENTY-EIGHTH LEGISLATIVE ASSEMBLY
Rep. Bill Peterson moved that the House proceed with the election of officers of the House
of Representatives.
Which motion prevailed.
Rep. Bill Peterson moved that the following officers of the regular Seventy-eighth
Legislative Session: Speaker of the House Matthew Michels; Speaker Pro tempore Christopher
Madsen; and Chief Clerk of the House, Karen Gerdes; who are now present be declared elected
in their respective offices for the Special Session.
The question being on Rep. Peterson's motion that the officers of the Special Session be
elected.
And the roll being called:
Those voting for the officers were:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick; Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy,
McLaughlin; Michels, Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson
(Gordon); Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt;
Solum; Teupel; Thompson; Van Gerpen; Weems; Wick; Williamson
So the motion having received an affirmative vote of a majority of the members-elect, the
Secretary of State declared the officers duly elected.
The oath of office was administered to Speaker of the House, Matthew Michels; Speaker
Pro tempore, Christopher Madsen; and Chief Clerk of the House, Karen Gerdes, by the
Honorable Justice David Gilbertson, Chief Justice of the Supreme Court of the state of South
Dakota, and the same was subscribed to and placed on file in the office of the Secretary of State.
Chris Nelson, Secretary of State, turned the gavel over to Speaker Michels.
Speaker Michels now presiding.
The Speaker announced the appointment of the following employees of the House of
Representatives of the Special Session of the Seventy-eighth Legislative Session: First Assistant
Chief Clerk, Arlene Kvislen; Index Clerk, Karen Stein; and Sergeant at Arms, Melvin Chandler,
who are now present be declared appointed in their respective offices for the Special Session.
The oath of office was administered to the following employees by the Honorable Justice
David Gilbertson of the Supreme Court of the state of South Dakota, and the same was
subscribed to and placed on file in the office of the Secretary of State.
First Assistant Chief Clerk - Arlene Kvislen
Index Clerk - Karen Stein
Sergeant at Arms - Melvin Chandler
Rep. Bill Peterson moved that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate relative to the joint rules for the two
houses for the Special Session of the Seventy-eighth Legislative Session.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Michels,
Bill Peterson, and Mel Olson.
Rep. Bill Peterson moved that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate for the purpose of fixing the
compensation of the elective and appointive officers and employees of the House and Senate
for the Special Session of the Seventy-eighth 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.
Rep. Bill Peterson moved that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate to fix the time of adjournment sine die
of the Special Session of the Seventy-eighth Legislative Session.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Michels,
Rhoden, and Burg.
Mr. Speaker announced the following standing committee:
**Denotes Chair
*Denotes Vice-Chair
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the joint rules of the Seventy-eighth
Legislative Session be adopted with the following exceptions:
Whereas Article III, Section 9 of the South Dakota Constitution provides that the
Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed
for the purpose of preparing rules for the Special Session respectfully reports that the rules of
the regular session of the Seventy-eighth Legislative Session be made the rules of the Senate and
House during the Special Session with the following exceptions and that such printing of the
rules in the journal be dispensed with:
Special Rule No. 1: Notwithstanding any other rule, the presiding officer may dispense
with the referral of a bill or resolution to a standing committee and refer a bill or resolution to
a special committee. All bills or resolutions referred to a special committee may be reported out
at any time and immediately acted upon by the members and considered for a second reading.
Special Rule No. 2: None of the deadlines in regard to bill or resolution introduction and hearing shall apply to the Special Session. The Governor, with committee sponsorship, or any
legislator may introduce, at any time during this Special Session, any bill or resolution germane
to the proclamation.
Special Rule No. 3: The presiding officers of the House and the Senate may appoint the
officers and employees for the respective bodies as they deem necessary to carry out the
activities of the respective houses.
Special Rule No. 4: All restrictions dealing with legislative counsel or agents entering the
floor of the House or Senate shall be suspended during this Special Session and access to the
floor of the House and Senate shall be governed by decisions of the presiding officer.
Special Rule No. 5: No rules dealing with a call of the house shall apply to the Special
Session, except that the attendance of any member who has answered the initial roll call each
day may be compelled by the presiding officer.
Special Rule No. 6: No rules, including, but not limited to, Rule 5-17 and Rule 7-7,
dealing with required delivery of bills and placement of bills or resolutions on the calendar, shall
apply to the Special Session; and the placement of bills or resolutions on the calendar for second
reading shall be determined by a majority vote of the members-present.
Special Rule No. 7: Rules dealing with the order of business shall prevail, provided,
however, that the order of business may be changed by a majority vote of the members-elect,
thereby bringing up any item of action by such vote. The proclamation calling the Legislature
into Special Session shall govern the consideration of all bills and resolutions and the body shall
determine the germaneness of a given bill and resolution to the proclamation.
Special Rule No. 8: Rules dealing with fiscal notes shall not apply to the Special Session.
Special Rule No. 9: No rules dealing with the printing and distribution of bills or
resolutions shall apply to the Special Session, and the Legislative Research Council and
Secretary of State shall provide photocopies of bills introduced to the public and legislative
agents.
Special Rule No. 10: At the conclusion of the Special Session, the Chief Clerk of the
House and the Secretary of the Senate shall review the journal prepared and make the necessary
corrections and provide the contract printer with the corrected journal for distribution to those
who subscribed to journals during the regular Seventy-eighth Legislative Session.
Special Rule No. 11: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule
S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the
rules.
Respectfully submitted, Respectfully submitted,
Matthew Michels Eric Bogue
Bill Peterson Arnold Brown
Mel Olson Garry Moore
House Committee Senate Committee
The question being on Rep. Bill Peterson's motion that the report of the Joint-Select
Committee relative to the rules for the Special Session of the Seventy-eighth Legislative Session
be adopted.
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler;
Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie;
Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke;
Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy;
McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson (Gordon);
Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum;
Teupel; Thompson; Van Gerpen; Weems; Wick; Williamson; Speaker Michels
Excused:
Olson (Ryan); Peterson (Jim); Valandra; Van Etten; Van Norman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
Also MR. SPEAKER:
Your Joint-Select Committee appointed for the purpose of fixing the compensation of the
elective and appointive officers and employees of the House and Senate for the Special Session
of the Seventy-eighth Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a
salary schedule for the elective and appointive officers and employees has been developed and
filed with the Director of the Legislative Research Council and the State Auditor.
Respectfully submitted, Respectfully submitted,
Matthew Michels Arnold Brown
Bill Peterson Eric Bogue
Mel Olson Garry Moore
House Committee Senate Committee
Rep. Bill Peterson moved that the report of the Joint-Select Committee relative to the
compensation of the elective and appointive officers and employees of the House and Senate
for the Special Session of the Seventy-eighth Legislative Session be adopted.
The question being on Rep. Bill Peterson's motion that the report of the Joint-Select Committee relative to the compensation of the elective and appointive officers and employees
of the House and Senate for the Special Session of the Seventy-eighth Legislative Session be
adopted.
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler;
Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt;
Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy;
McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson (Gordon);
Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum;
Teupel; Thompson; Van Gerpen; Weems; Wick; Williamson; Speaker Michels
Excused:
Gassman; Olson (Ryan); Peterson (Jim); Valandra; Van Etten; Van Norman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
Rep. Peterson moved that the House do now recess to convene with the Senate to hear a
message from the Honorable M. Michael Rounds, Governor of the State of South Dakota.
Which motion prevailed.
The House reconvened, Speaker Michels now presiding.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate is now in session and has
been duly organized by the election of the following officers: President Pro tempore, Arnold
Brown and Secretary of the Senate, Patricia Adam.
I have the honor to inform your honorable body that the Senate has appointed Sens. Bogue,
Brown, and Moore as a committee of three on the part of the Senate to meet with a like
committee on the part of the House relative to the joint rules for the two Houses for the Special
Session of the Seventy-eighth Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Brown,
Bogue, and Moore as a committee of three on the part of the Senate to meet with a like
committee on the part of the House for the purpose of fixing the compensation of the elective
and appointive officers and employees of the Senate and House for the Special Session of the
Seventy-eighth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that
such compensation schedule be filed with the Director of the Legislative Research Council and
the State Auditor.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Bogue,
Brown, and Moore as a committee of three on the part of the Senate to meet with a like
committee on the part of the House for the purpose of fixing the time of adjournment sine die
for the Special Session of the Seventy-eighth Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to the Joint Rules for the two houses for the Special Session
of the Seventy-eighth Legislative Session.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to fixing the compensation of the elective and appointive
officers and employees of the Senate and House for the Special Session of the Seventy-eighth
Legislative Session.
HB 1001
Introduced by:
Representatives Peterson (Bill), Burg, Madsen, Michels, Olson
(Mel), and Rhoden and Senators Bogue, Brown, McCracken, Moore, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
permit additional rate flexibility to carriers that
actively market certain individual health insurance policies in this state.
Was read the first time and referred to the Committee on State Affairs.