The following prayer was offered by the Chaplain, Pastor Genie Butler, First United
Methodist Church, Pierre.
Gracious God, as a new legislative season unfolds before us, we give You thanks for the
opportunities to serve that lie ahead of us this year. We ask Your guidance, Your wisdom, Your
presence with each of these Senators who have gathered from across our state. We know that
sometimes the days will be long, with many demands upon their time. Give them Your
discernment so that they may use their energies in ways that are beneficial to themselves and
to South Dakota.
Give this body the grace to respect the differences that will arise, and to work in harmony
for the benefit of all and for Your greater glory. And give them the humility to remember that
You are the author of all law, the giver of all opportunity, and the creator of all persons in all
of their diversity, and on whose behalf our work is done. In gratitude we pray this day, Amen.
The Pledge of Allegiance to the flag of the United States was led by Senate page McKinzie
Hopkins.
District No. 1 Day, Marshall and Roberts Counties
Gary D. Hanson, Sisseton
District No. 2 Brown and Spink Counties
Jim Hundstad, Bath
District No. 3 Brown and McPherson Counties
Duane Ormun Sutton, Aberdeen
District No. 4 Brookings, Deuel, Grant and Moody Counties
Jim Peterson, Revillo
District No. 5 Codington County
Lee Schoenbeck, Watertown
District No. 6 Beadle, Clark, Codington, Hamlin and Kingsbury Counties
Brock L. Greenfield, Clark
District No. 7 Brookings County
Orville B Smidt, Brookings
District No. 8 Lake, Miner, Moody and Sanborn Counties
Dan Sutton, Flandreau
District No. 9 Minnehaha County
Thomas A. Dempster, Sioux Falls
District No. 10 Lincoln and Minnehaha Counties
Gene G. Abdallah, Sioux Falls
District No. 11 Lincoln and Minnehaha Counties
Jason M. Gant, Sioux Falls
District No. 12 Lincoln and Minnehaha Counties
William F. Earley, Sioux Falls
District No. 13 Minnehaha County
Dick Kelly, Sioux Falls
District No. 14 Minnehaha County
David L. Knudson, Sioux Falls
District No. 16 Lincoln and Union Counties
Mike Broderick, Canton
District No. 17 Clay and Turner Counties
Ben (BJ) Nesselhuf, Vermillion
District No. 18 Yankton County
Garry A. Moore, Yankton
District No. 19 Bon Homme, Douglas, Hutchinson and Turner Counties
Frank J. Kloucek, Scotland
District No. 20 Aurora and Davison Counties
Ed Olson, Mitchell
District No. 21 Brule, Buffalo, Charles Mix and Gregory Counties
Julie Bartling, Burke
District No. 22 Beadle, Hand, and Jerauld Counties
Tom Hansen, Huron
District No. 23 Campbell, Edmunds, Faulk, Hyde, McPherson, Potter and Walworth Counties
Jay L. Duenwald, Hoven
District No. 24 Hughes, Stanley and Sully Counties
Bob Gray, Ft. Pierre
District No. 25 Hanson, McCook and Minnehaha Counties
Clarence Kooistra, Garretson
District No. 26 Bennett, Haakon, Jackson, Jones, Lyman, Mellette and Tripp Counties
John Koskan, Wood
District No. 27 Bennett, Shannon, and Todd Counties
Theresa "Huck" Two Bulls, Pine Ridge
District No. 28 Butte, Corson, Dewey, Harding, Meade, Perkins and Ziebach Counties
Eric H. Bogue, Dupree
District No. 29 Butte and Meade Counties
Kenneth McNenny, Sturgis
District No. 30 Custer, Fall River and Pennington Counties
Jim Lintz, Hermosa
District No. 32 Pennington County
Stanford M. Adelstein, Rapid City
District No. 33 Meade and Pennington Counties
J.P. Duniphan, Rapid City
District No. 34 Pennington County
Royal "Mac" McCracken, Rapid City
District No. 35 Pennington County
William "Bill" Napoli, Rapid City
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of
the state of South Dakota, this 8th day of December, 2004.
(SEAL)
I, CHRIS NELSON, Secretary of State of the state of South Dakota, do hereby certify that
on the fourth day of January, A.D., two thousand five, at the hour of three o'clock meridian, the
Honorable Chris Nelson, Secretary of State of the state of South Dakota, in the Supreme Court
chambers of the Capitol Building, at the seat of state government in Pierre, administered the
oath of office to the following public utilities commissioner officer-elect which was subscribed
to and placed on file in the office of the Secretary of State of the state of South Dakota:
Public Utilities Commissioner _ Dustin "Dusty" Johnson
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of
the state of South Dakota, this 6th day of January, 2005.
(SEAL)
Gene G. Abdallah Dave Knudson
Stanford M. Adelstein Gil Koetzle
Jerry Apa Clarence Kooistra
Julie Bartling John Koskan
Eric H. Bogue Jim Lintz
Mike Broderick Royal "Mac" McCracken
Which were subscribed to and placed on file in the office of the Secretary of State.
Roll Call: All members present.
The Honorable Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501
Re: Appointment of Michael J. McGreevy,
to the Board of Pardons and Paroles
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, the Court
has appointed Michael J. McGreevy, an attorney from Mitchell, South Dakota to the Board of
Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the
Senate for consent during the next Legislative Session.
We will await your advice as to the Senate's action with regard to this appointment. Thank
you for your continued cooperation.
Which motion prevailed.
Sen. Bogue moved that Sen. Schoenbeck be elected President Pro tempore of the Senate
for the Eightieth Legislative Session.
The question being on Sen. Bogue's motion that Sen. Schoenbeck be elected President Pro
tempore of the Senate for the Eightieth Legislative Session.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek;
Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf;
Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls; Schoenbeck
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 Judith Meierhenry, Justice of the
Supreme Court of the State of South Dakota, to President Pro tempore Lee Schoenbeck.
Which was subscribed to and placed on file in the office of the Secretary of State.
Sen. Bogue moved that Patricia Adam be elected Secretary of the Senate for the Eightieth
Legislative Session.
The question being on Sen. Bogue's motion that Patricia Adam be elected Secretary of the
Senate for the Eightieth Legislative Session.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek;
Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf;
Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls; Schoenbeck
The oath of office was administered by the Honorable Judith Meierhenry, 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 Eightieth Legislative Session:
First Assistant to the Secretary -- Trudy Evenstad
Second Assistant to the Secretary -- Joan Johnson
Third Assistant to the Secretary -- Kay Agena
Secretary to the President Pro Tempore -- Nancy Benson
Secretary to the Majority Leader -- Rena Ortbahn
Secretary to the Minority Leader -- Donald Carr
Appropriations Secretary -- Barb Bjorneberg
Committee Secretaries -- Naida Adams, Cindy Tryon
Sergeant at Arms -- Curt Neuharth
Assistant Sergeants at Arms -- Rollie Benson, Don Rounds
Pages (1st Term) -- Diana Arbach, Jessica Berg, Alicia Coggins, Amber Dellman, Samuel
Drown, Mandy Ellefson, McKinzie Hopkins, Hayes Meckle, Sarah Nagel
Pages (2nd Term) -- Whitney Carlson, Emily Haney-Caron, Paige Hemmah, Cassandra
Hoy, Emily Jepsen, Karina Joens, David Johnson, Jennifer Lewis, Kelly Lueck,
Shawn McFarland, Miranda Phelps
Pages (3rd Term) -- Matthew Booth, Jessica Callahan, Lisa Jarovski, Jennifer Jorgensen,
Kimberlee Kloucek, Shayna Monnens, Libby Olson, Seth Pearman, Cody Raterman,
Amy Tulson
Pages (4th Term) -- Barton Bartling, Meghan Byrum, Danielle Carver, Sara Larsen,
Katelynn Lovrien, Jenna Mann, Eli McGehee, Sara McGirr, Kalyn McNenny,
Tiffany Rolfing
The oath of office was administered by the Honorable Judith Meierhenry, Justice of the
Supreme Court of the State of South Dakota, to the following named employees:
First Assistant to the Secretary -- Trudy Evenstad
Second Assistant to the Secretary -- Joan Johnson
Third Assistant to the Secretary _ Kay Agena
Secretary to the President Pro Tempore -- Nancy Benson
Secretary to the Majority Leader -- Rena Ortbahn
Secretary to the Minority Leader -- Donald Carr
Appropriations Secretary -- Barb Bjorneberg
Committee Secretaries -- Naida Adams, Cindy Tryon
Sergeant at Arms -- Curt Neuharth
Assistant Sergeants at Arms -- Rollie Benson, Don Rounds
Pages (1st Term) -- Diana Arbach, Jessica Berg, Alicia Coggins, Amber Dellman, Samuel
Drown, Mandy Ellefson, McKinzie Hopkins, Hayes Meckle, Sarah Nagel
Legislative Interns -- Jeffrey Gordon, Whitney Gunderson, Emily Kerr, Michael Larson,
Jennifer Miles, Abby Monnens, KyLee Schaefer, Nicholas Shaull, Erica Zerr
Which were subscribed to and placed on file in the office of the Secretary of State.
Sen. Bogue moved that the permanent joint rules and the permanent Senate rules of the
Seventy-ninth Legislative Session be adopted as the temporary joint rules and temporary Senate
rules for the Eightieth Legislative Session.
The question being on Sen. Bogue's motion that the permanent joint rules and the
permanent Senate rules of the Seventy-ninth Legislative Session be adopted as the temporary
joint rules and temporary Senate rules for the Eightieth Legislative Session.
And the roll being called:
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek;
Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf;
Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls; Schoenbeck
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Bogue 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. Schoenbeck,
Bogue, and Moore.
Sen. Bogue 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. Schoenbeck,
Bogue, and Moore.
Sen. Bogue 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 Eightieth Legislative Session.
Which motion prevailed and the President appointed as such committee Sens. Schoenbeck,
Bogue, and Moore.
Sen. Bogue 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 Eightieth Legislative
Session.
Which motion prevailed and the President appointed as such committee Sens. Smidt,
Earley, and Dan Sutton.
Sen. Bogue 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 for the purpose of inviting the Chief Justice of
the Supreme Court to address a Joint Session on the state of the Judiciary and to make
arrangements therefor.
Sen. Bogue 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. Schoenbeck,
Koskan, and Moore.
Sen. Bogue 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 legislative days for
the members, officers, and employees of the Senate and the House for the Eightieth Legislative
Session.
Which motion prevailed and the President appointed as such committee Sens. Schoenbeck,
Bogue, and Moore.
Sen. Bogue 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 Eightieth 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. Schoenbeck,
Bogue, and Moore.
Sen. Bogue 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. McNenny,
Ed Olson, and Bartling.
The President announced the appointment of the following standing committees:
MR. 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 Senate and the House convene in Joint Session in the Chamber of the House
of Representatives at 1:00 p.m., January 11, 2005.
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.
That the message of the Governor be printed in the House Journal.
Respectfully submitted, Respectfully submitted,
Thomas Deadrick Lee Schoenbeck
Joel Dykstra Eric Bogue
Margaret Gillespie Garry Moore
House Committee Senate Committee
Sen. Bogue moved that the report of the Joint-Select Committee relative to arranging
for a Joint Session be adopted.
Which motion prevailed.
Also MR. 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,
Thomas Deadrick Lee Schoenbeck
Joel Dykstra Eric Bogue
Margaret Gillespie Garry Moore
House Committee Senate Committee
Sen. Bogue 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.
Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session
of the Senate and the House of Representatives to receive a message of the Chief Justice of
the Supreme Court respectfully reports:
That the Senate and the House convene in Joint Session in the Chamber of the House of
Representatives at 1:15 p.m., January 12, 2005.
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, the Governor and elective and appointed
officials of the state government be invited to attend the Joint Session.
That when the message of the Chief Justice has been received, the Joint Session be
dissolved.
That the message of the Chief Justice be printed in the House Journal.
Respectfully submitted, Respectfully submitted,
Larry Rhoden Eric Bogue
Joni Cutler Lee Schoenbeck
Dale Hargens Garry Moore
House Committee Senate Committee
Sen. Bogue moved that the report of the Joint-Select Committee relative to arranging
for a Joint Session to receive the message of the Chief Justice be adopted.
Which motion prevailed.
SB 1
Introduced by:
Senators Peterson (Jim), Dempster, Greenfield, Hundstad,
Kloucek, Knudson, and Lintz and Representatives Hargens, Deadrick, Fryslie, Murschel,
Rhoden, and Weems at the request of the Interim Committee on Property Assessment
FOR AN ACT ENTITLED, An Act to
revise the method used to determine the
capacity of land to produce agricultural products.
Was read the first time and referred to the Committee on Taxation.
FOR AN ACT ENTITLED, An Act to
revise the procedure for assessing agricultural
property and to repeal certain factors used to determine which sales may be used in
assessing property.
Was read the first time and referred to the Committee on Taxation.
SB 3
Introduced by:
Senators Lintz, Greenfield, Hundstad, Knudson, and Peterson
(Jim) and Representatives Hargens, Deadrick, Fryslie, and Rhoden at the request of the
Interim Committee on Property Assessment
FOR AN ACT ENTITLED, An Act to
require written statements to be filed concerning
the leasing of agricultural land and to provide for the confidentiality and usage of such
information.
Was read the first time and referred to the Committee on Taxation.
SB 4
Introduced by:
Senators Dempster, Greenfield, Hundstad, and Knudson and
Representatives Sebert, Deadrick, Fryslie, Hargens, Murschel, Rhoden, and Weems at the
request of the Interim Committee on Property Assessment
FOR AN ACT ENTITLED, An Act to
establish certain subclassifications for
agricultural property.
Was read the first time and referred to the Committee on Taxation.
SB 5
Introduced by:
Senators Kloucek, Dempster, Hundstad, Knudson, Lintz, and
Peterson (Jim) and Representatives Fryslie, Deadrick, Hargens, Murschel, Rhoden, Sebert,
and Weems at the request of the Interim Committee on Property Assessment
FOR AN ACT ENTITLED, An Act to
permit adjustment for certain factors that may
affect the agricultural income value of land.
Was read the first time and referred to the Committee on Taxation.
SB 6
Introduced by:
Senators Earley, Adelstein, Apa, Bartling, Greenfield, and Sutton
(Duane) and Representatives Klaudt, Dennert, Glenski, and Putnam at the request of the
Special Committee on Appropriations
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appropriations process.
SB 7
Introduced by:
The Committee on Local Government at the request of the Office
of the Secretary of State
FOR AN ACT ENTITLED, An Act to
revise the notice requirements for road district
elections.
Was read the first time and referred to the Committee on Local Government.
SB 8
Introduced by:
The Committee on Local Government at the request of the Office
of the Secretary of State
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning voter
tabulation systems.
Was read the first time and referred to the Committee on Local Government.
SB 9
Introduced by:
Senators Kelly and Koskan and Representatives Putnam,
Buckingham, Hackl, Pederson (Gordon), and Schafer at the request of the Interim
Committee on Bureau of Information and Telecommunications Agency Review
FOR AN ACT ENTITLED, An Act to
repeal certain obsolete provisions relating to a
plan for integrated telecommunications functions and facilities.
Was read the first time and referred to the Committee on Commerce.
SB 10
Introduced by:
Senators Kelly and Koskan and Representatives Putnam,
Buckingham, Hackl, Pederson (Gordon), and Schafer at the request of the Interim
Committee on Bureau of Information and Telecommunications Agency Review
FOR AN ACT ENTITLED, An Act to
revise certain references to the Rural
Development Telecommunications Network language with appropriate references to the
Digital Dakota Network.
Was read the first time and referred to the Committee on Commerce.
SB 11
Introduced by:
Senator Kooistra and Representative Roberts
FOR AN ACT ENTITLED, An Act to
require that all standardized achievement tests
be monitored and that sanctions be imposed when unsatisfactory academic progress is
identified.
SB 12
Introduced by:
The Committee on Judiciary at the request of the Department of
Social Services
FOR AN ACT ENTITLED, An Act to
authorize a parent to appear telephonically for a
hearing to voluntarily terminate parental rights.
Was read the first time and referred to the Committee on Judiciary.
SB 13
Introduced by:
The Committee on Commerce at the request of the Department
of Labor
FOR AN ACT ENTITLED, An Act to
create certain provisions regarding transfers of
experience rating accounts and assignment of unemployment insurance tax rates.
Was read the first time and referred to the Committee on Commerce.
SB 14
Introduced by:
The Committee on Commerce at the request of the Department
of Labor
FOR AN ACT ENTITLED, An Act to
modify provisions related to the payment of
unemployment insurance benefits.
Was read the first time and referred to the Committee on Commerce.
SB 15
Introduced by:
The Committee on Commerce at the request of the Department
of Labor
FOR AN ACT ENTITLED, An Act to
provide that certain submissions constitute
waiver of the right to change a hearing examiner in certain contested cases regarding
workers' compensation.
Was read the first time and referred to the Committee on Judiciary.
SB 16
Introduced by:
The Committee on Commerce at the request of the Department
of Labor
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the statutes
of limitation for workers' compensation claims.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
authority of the Public Utilities Commission with regard to wind energy facilities.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 18
Introduced by:
The Committee on State Affairs at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to
require the Public Utilities Commission to
disburse certain bond or other proceeds to affected customers.
Was read the first time and referred to the Committee on Commerce.
SB 19
Introduced by:
The Committee on Commerce at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to
revise the length of time for the Public Utilities
Commission to act on an application for a certificate of authority for interexchange
telecommunications service.
Was read the first time and referred to the Committee on Commerce.
SB 20
Introduced by:
The Committee on State Affairs at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to
prohibit a mobile telecommunications service
provider from including a subscriber's telephone number in a wireless directory assistance
service database without the subscriber's authorization.
Was read the first time and referred to the Committee on Commerce.
SB 21
Introduced by:
The Committee on State Affairs at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to
update certain citations to federal regulations
regarding the pipeline safety inspection program.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to
change the agency required to provide certain
information regarding the value of railroad property.
Was read the first time and referred to the Committee on Taxation.
SB 23
Introduced by:
The Committee on Judiciary at the request of the Office of the
Attorney General
FOR AN ACT ENTITLED, An Act to
include officers of the Federal Protective
Service and United States Postal Inspection Service in the definition of a federal law
enforcement officer.
Was read the first time and referred to the Committee on Judiciary.
SB 24
Introduced by:
The Committee on Judiciary at the request of the Office of the
Attorney General
FOR AN ACT ENTITLED, An Act to
condition certification of nonparticipating
manufacturers selling tobacco products upon provision of consent to be sued in state courts
for enforcement of tobacco statutes.
Was read the first time and referred to the Committee on Judiciary.
SB 25
Introduced by:
The Committee on Judiciary at the request of the Office of the
Attorney General
FOR AN ACT ENTITLED, An Act to
establish a fund for the payment of certain
tobacco litigation expenses and to make an appropriation therefor.
Was read the first time and referred to the Committee on Judiciary.
SB 26
Introduced by:
The Committee on Judiciary at the request of the Office of the
Attorney General
FOR AN ACT ENTITLED, An Act to
provide monetary penalties for failure of
tobacco distributors and wholesalers to comply with certain cigarette regulations.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to
revise the rule-making authority regarding the
mowing of ditches on the state trunk highway system.
Was read the first time and referred to the Committee on Transportation.
SB 28
Introduced by:
Senators Kloucek and Bartling and Representatives Valandra and
Glover
FOR AN ACT ENTITLED, An Act to
designate the prairie dog as a statewide declared
pest.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 29
Introduced by:
The Committee on Health and Human Services at the request of
the Bureau of Personnel
FOR AN ACT ENTITLED, An Act to
provide the South Dakota risk pool with the
ability to enter into certain provider contracts and to declare an emergency.
Was read the first time and referred to the Committee on Commerce.
SB 30
Introduced by:
The Committee on Health and Human Services at the request of
the Bureau of Personnel
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding creditable
health insurance coverage.
Was read the first time and referred to the Committee on Commerce.
SB 31
Introduced by:
The Committee on Transportation at the request of the
Department of Public Safety
FOR AN ACT ENTITLED, An Act to
update certain provisions pertaining to motor
carrier safety and transportation of hazardous materials.
Was read the first time and referred to the Committee on Transportation.
SB 32 Introduced by: The Committee on Commerce at the request of the Department of Public Safety
Was read the first time and referred to the Committee on Commerce.
SB 33
Introduced by:
The Committee on Commerce at the request of the Department
of Public Safety
FOR AN ACT ENTITLED, An Act to
update certain provisions for specifications and
tolerances for weighing and measuring devices.
Was read the first time and referred to the Committee on Commerce.
SB 34
Introduced by:
The Committee on Appropriations at the request of the Board of
Regents
FOR AN ACT ENTITLED, An Act to
make an additional appropriation to construct a
thermophilic anaerobic manure digestion system for the South Dakota Agricultural
Experiment Station and to declare an emergency.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 35
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 construct a
replacement manager's dwelling at the Cottonwood Research Station, to dispose of the
existing dwelling on this site, and to make an appropriation therefor.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 36
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 accept a gift
of property from the South Dakota State University Foundation.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
FOR AN ACT ENTITLED, An Act to
to reauthorize a grant program within the
Department of Health for the purchase of equipment and materials for mosquito prevention
and control efforts at the local level and to declare an emergency.
Was read the first time and referred to the Committee on Health and Human Services.
SB 38
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Health
FOR AN ACT ENTITLED, An Act to
continue the moratorium on new nursing facility
beds.
Was read the first time and referred to the Committee on Health and Human Services.
SB 39
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Health
FOR AN ACT ENTITLED, An Act to
repeal the requirement for tuberculosis
screening for school students and employees.
Was read the first time and referred to the Committee on Health and Human Services.
SB 40
Introduced by:
The Committee on Commerce at the request of the Department
of Health
FOR AN ACT ENTITLED, An Act to
establish minimum fire safety standards for
specialty resorts.
Was read the first time and referred to the Committee on Commerce.
SB 41
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Health
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding access to
vital records.
Was read the first time and referred to the Committee on Health and Human Services.
SB 42 Introduced by: The Committee on State Affairs at the request of the Department of Game, Fish and Parks
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 43
Introduced by:
Senator Schoenbeck and Representatives Cutler, Hennies,
O'Brien, Rave, and Rounds at the request of the Criminal Code Revision Commission
FOR AN ACT ENTITLED, An Act to
revise the South Dakota criminal code.
Was read the first time and referred to the Committee on Judiciary.
SB 44
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Administration
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
collection of debt and fees by the Bureau of Administration.
Was read the first time and referred to the Committee on State Affairs.
SB 45
Introduced by:
The Committee on State Affairs at the request of the Bureau of
Administration
FOR AN ACT ENTITLED, An Act to
authorize the Bureau of Administration to
donate the former Governor's residence for a public purpose and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
SB 46
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to
modify the requirements for closed block
individual health benefit plans.
Was read the first time and referred to the Committee on Commerce.
SB 47
Introduced by:
The Committee on Taxation at the request of the Department of
Revenue and Regulation
FOR AN ACT ENTITLED, An Act to
revise certain dates pertaining to references to
the Internal Revenue Code.
SB 48
Introduced by:
The Committee on Commerce at the request of the Department
of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to
authorize the director of the Division of
Banking to enter into certain interstate agreements and to establish certain procedures
regarding those agreements.
Was read the first time and referred to the Committee on Commerce.
SB 49
Introduced by:
The Committee on Commerce at the request of the Department
of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding payments or
assignments by insurance producers for referrals.
Was read the first time and referred to the Committee on Commerce.
SB 50
Introduced by:
The Committee on Commerce at the request of the Department
of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to
remove certain references regarding conversion
from the requirements for continuation of group health coverage.
Was read the first time and referred to the Committee on Commerce.
SB 51
Introduced by:
The Committee on Commerce at the request of the Department
of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding medicare
supplement policies.
Was read the first time and referred to the Committee on Health and Human Services.
SB 52
Introduced by:
The Committee on Commerce at the request of the Department
of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the payment
of burial expenses by life insurers and fraternal benefit societies.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to
provide for adequate access to health care
provider networks.
Was read the first time and referred to the Committee on Commerce.
SB 54
Introduced by:
The Committee on Judiciary at the request of the Department of
Social Services
FOR AN ACT ENTITLED, An Act to
clarify the procedure to be followed for
expedited abused or neglected child proceedings.
Was read the first time and referred to the Committee on Judiciary.
SB 55
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Social Services
FOR AN ACT ENTITLED, An Act to
provide for a preference for placement of
abused and neglected children with relatives and to provide a hearing for review of adoptive
placement decisions.
Was read the first time and referred to the Committee on Judiciary.
SB 56
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Social Services
FOR AN ACT ENTITLED, An Act to
repeal certain provisions relating to
preadmission assessment for admission to nursing facilities.
Was read the first time and referred to the Committee on Health and Human Services.
SB 57
Introduced by:
The Committee on Health and Human Services at the request of
the Department of Social Services
FOR AN ACT ENTITLED, An Act to
establish an intensive residential treatment
center as a category of a child welfare agency.
Was read the first time and referred to the Committee on Health and Human Services.
SB 58 Introduced by: The Committee on Commerce at the request of the Department of Social Services
Was read the first time and referred to the Committee on Health and Human Services.
SB 59
Introduced by:
The Committee on Judiciary at the request of the Department of
Corrections
FOR AN ACT ENTITLED, An Act to
permit the involuntary feeding or hydration of a
prisoner.
Was read the first time and referred to the Committee on Judiciary.
SB 60
Introduced by:
The Committee on Judiciary at the request of the South Dakota
Commission on Child Support
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to child
support.
Was read the first time and referred to the Committee on Judiciary.
SB 61
Introduced by:
The Committee on State Affairs at the request of the Department
of Tourism and State Development
FOR AN ACT ENTITLED, An Act to
authorize the South Dakota Science and
Technology Authority to use eminent domain for certain limited purposes.
Was read the first time and referred to the Committee on State Affairs.
SB 62
Introduced by:
The Committee on State Affairs at the request of the Department
of Tourism and State Development
FOR AN ACT ENTITLED, An Act to
authorize the South Dakota Science and
Technology Authority to invest funds with the State Investment Council.
Was read the first time and referred to the Committee on State Affairs.
SB 63
Introduced by:
The Committee on Transportation at the request of the
Department of Transportation
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding pedestrian
control signals.
SB 64
Introduced by:
The Committee on Education at the request of the Department of
Education
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding school
district funds.
Was read the first time and referred to the Committee on Education.
SB 65
Introduced by:
The Committee on Education at the request of the Department of
Education
FOR AN ACT ENTITLED, An Act to
revise the calculation of a school district excess
general fund balance.
Was read the first time and referred to the Committee on Education.
SB 66
Introduced by:
The Committee on Education at the request of the Department of
Education
FOR AN ACT ENTITLED, An Act to
provide certain options to school boards in
reorganization.
Was read the first time and referred to the Committee on Education.
SB 67
Introduced by:
Senator Schoenbeck and Representatives Hennies, Cutler,
O'Brien, Rave, and Rounds at the request of the Criminal Code Revision Commission
FOR AN ACT ENTITLED, An Act to
revise certain drug and alcohol offenses, driving
offenses, and other felonious offenses.
Was read the first time and referred to the Committee on Judiciary.
SB 68
Introduced by:
The Committee on Commerce at the request of the Department
of Labor
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the licensing
of estheticians.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to
revise the administrative rules promulgation
process.
Was read the first time and referred to the Committee on State Affairs.
Sen. Schoenbeck moved that when we adjourn today, we adjourn to convene at 1:00
p.m. on Wednesday, January 12, the 2nd legislative day.
Which motion prevailed.
Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at
12:49 p.m. the Senate adjourned.
Pursuant to the report of the Joint-Select Committee, the Senate convened with the
House of Representatives in the House Chamber for the purpose of receiving a message
from the Governor, M. Michael Rounds. The President of the Senate, Dennis Daugaard,
presiding.
The following prayer was delivered by Father James Pearson, Christ Episcopal Church,
Yankton, South Dakota:
Governor Rounds, Members of the Legislature, Fellow Citizens - Let our first act of
this Joint Session be a moment of silence as we pray for those who are suffering from the
tsunami and earthquake in the Indian Ocean regions. We pray for recovery, the helping
hands, and generosity by all who are able to give aid and comfort. We pray as well for the
cause of peace in the world, for the victims of war, and for the safety of our men and women
of the Armed Forces. Let us pray.
May we reach out to You this day and in the days to come with grateful hearts, mindful that You always first reach out to us. In Your Holy Name We Pray, Amen.
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hundstad; Kelly; Kloucek;
Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli;
Nesselhuf; Olson, Ed; Peterson, Jim; Schoenbeck; Smidt; Sutton, Dan; Sutton, Duane; Two
Bulls.
The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the
House and the following members were present:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott;
Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt;
Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin;
Miles; Murschel; Nelson; Novstrup; O'Brien; Olson, Ryan; Pederson, Gordon; Peters;
Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street;
Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick;
Willadsen; Speaker Michels.
Sen. Bogue 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 M. Michael Rounds,
Governor of the State of South Dakota, to the rostrum.
Which motion prevailed and the President appointed as such committee Reps. Rhoden,
Dykstra, Hargens, and Gillespie on the part of the House and Sens. Schoenbeck, Bogue, and
Moore on the part of the Senate.
The Sergeant at Arms announced the arrival of the Honorable M. Michael Rounds, who
was escorted to the rostrum.
The Lieutenant Governor, Dennis Daugaard, introduced the Honorable M. Michael
Rounds, who delivered the State of the State Address.
Sen. Bogue moved that the Joint Session do now dissolve.
Which motion prevailed.