The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of
Allegiance led by Senate page David Wright.
Roll Call: All members present except Sen. Valandra who was excused.
The President
introduced Louella Peterson, Outstanding School Board Member, from Hill
City. She was escorted to the chamber by Sen. Vitter.
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, South Dakota 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Section 33-1-10.1 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Joseph T. Murphy,
Pennington County, Rapid City, South Dakota, as Assistant Adjutant General, Army.
This appointment is effective April 1, 1997, and shall continue until April 1, 1998.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 63 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1028 and 1029 and returns the same with the recommendation that said bills
do pass and be placed on the Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration SB
101 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1001 and returns the same with the recommendation that said resolution do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 125 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
"Section 3. Whereas, this Act is necessary for the immediate preservation of the public
peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval."
And that as so amended said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration SB
83 which was tabled.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1018 and returns the same with the recommendation that said bill do pass.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1021 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
The Committee on Local Government respectfully reports that it has had under
consideration SB 105 and HB 1020 which were deferred to the 41st legislative day.
The Committee on Retirement Laws respectfully reports that it has had under consideration
SB 33, 34, 35 and 36 and returns the same with the recommendation that said bills do pass.
The Committee on Retirement Laws respectfully reports that it has had under consideration
SB 31 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
"Section 3. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
And that as so amended said bill do pass.
The Committee on Education respectfully reports that it has had under consideration SB
118 and 119 which were deferred to the 41st legislative day.
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared SB 1 and 2 and finds the same correctly enrolled.
MADAM PRESIDENT:
I have the honor to return herewith SB 4, 21, 45, 52, 53, 65, and 68 which have passed the
House without change.
Also MADAM SPEAKER:
I have the honor to transmit herewith HB 1027, 1046, 1059, 1061, 1062, 1072, 1073, and
HJR 1005 which have passed the House and your favorable consideration is respectfully
requested.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 19 and 74 which have been amended by the House
and your concurrence in the amendments is respectfully requested.
SCR 3
Introduced by:
Senators Hunhoff, Dennert, Dunn (Rebecca), Flowers, Hutmacher,
Kloucek, Lange, Lawler, Morford-Burg, Reedy, Symens, and Valandra and Representatives
Haley, Cerny, Chicoine, Collier, Duxbury, Fischer-Clemens, Gleason, Hagen, Kazmerzak,
Koetzle, Lee, Lockner, Lucas, Moore, Schaunaman, Schrempp, Sokolow, Sperry, and Waltman
A CONCURRENT RESOLUTION,
Requesting the appointment of a special task force to study
a corporate franchise tax and propose a ballot measure and legislation concerning a
corporate franchise tax.
Was read the second time.
Sen. Staggers moved that SCR 2 as found on page 137 and amended on page 168 of the
Senate Journal be adopted.
The question being on Sen. Staggers' motion that SCR 2 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 2 was adopted.
Yesterday, Sen. Whiting announced his intention to reconsider the vote by which SB 103
lost.
Sen. Whiting moved to reconsider the vote by which SB 103 lost.
The question being on Sen. Whiting's motion to reconsider the vote by which SB 103 lost.
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lange;
Munson (David); Paisley; Rounds; Shoener; Staggers; Thompson; Vitter; Whiting
Nays were:
Drake; Hunhoff; Hutmacher; Kloucek; Lawler; Morford-Burg; Olson; Reedy; Symens
Excused were:
Valandra
Sen. Whiting moved that SB 103 be placed to precede SB 42 on today's calendar.
Which motion prevailed and SB 103 was so placed.
SB 160
Introduced by:
Senators Dunn (Rebecca), Daugaard, Hunhoff, Lange, Lawler,
Reedy, Valandra, and Whiting and Representatives Belatti, Apa, Collier, DeMersseman,
Fitzgerald, Gleason, Jorgensen, Lucas, Matthews, and Rost
FOR AN ACT ENTITLED, An Act
to prohibit any person under the age of eighteen to
drive a motor vehicle after consuming alcoholic beverages.
Was read the first time and referred to the Committee on Transportation.
SB 162
Introduced by:
Senators Halverson, Hainje, Munson (David), and Reedy and
Representatives Jaspers, Gabriel, Lucas, and Schaunaman
FOR AN ACT ENTITLED, An Act
to require disclosure of certain information involving
the sale, transfer, or merger of the assets of a nonprofit corporation.
Was read the first time and referred to the Committee on Commerce.
SB 163
Introduced by:
Senator Rounds and Representative de Hueck
FOR AN ACT ENTITLED, An Act
to authorize certain counties to issue one additional
on-sale liquor license under certain conditions.
Was read the first time and referred to the Committee on Commerce.
SB 164
Introduced by:
Senators Rounds, Aker, Benson, Halverson, and Johnson (William)
and Representatives Fiegen, Brooks, de Hueck, Duenwald, Koskan, and Monroe
FOR AN ACT ENTITLED, An Act
to allow home school students to participate in certain
high school activities.
Was read the first time and referred to the Committee on Education.
SB 165
Introduced by:
Senator Shoener and Representative Roe
FOR AN ACT ENTITLED, An Act
to authorize the State Electrical Commission to
establish a biennial license fee for a maintenance electrician's license.
Was read the first time and referred to the Committee on Commerce.
SB 166
Introduced by:
Senators Ham, Benson, Everist, Flowers, Hutmacher, Johnson
(William), Kleven, and Reedy and Representatives Jorgensen, Barker, Davis, Diedrich,
Duenwald, Duniphan, Fitzgerald, and Koskan
SB 167
Introduced by:
Senators Olson, Drake, and Morford-Burg and Representatives
Cerny, Kredit, and Munson (Donald)
FOR AN ACT ENTITLED, An Act
to create a transition reserve fund and provide for the
deposit of money into the fund and the allocation of money out of the fund.
Was read the first time and referred to the Committee on State Affairs.
SB 168
Introduced by:
Senators Rounds, Dennert, Drake, and Munson (David) and
Representatives Van Gerpen, Duniphan, and Richter
FOR AN ACT ENTITLED, An Act
to revise the penalties for inmate escape from
Department of Corrections custody.
Was read the first time and referred to the Committee on Judiciary.
SB 169
Introduced by:
Senators Rounds, Dunn (Jim), and Everist and Representatives de
Hueck and Fiegen
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the funds
available from a defendant who has been assigned counsel.
Was read the first time and referred to the Committee on Judiciary.
SB 170
Introduced by:
Senators Everist, Dunn (Rebecca), Hunhoff, Hutmacher, Kloucek,
and Reedy and Representatives Brown (Richard), Brosz, Davis, de Hueck, Haley, Koetzle,
Lockner, Lucas, and Waltman
FOR AN ACT ENTITLED, An Act
to require school districts to adopt teacher evaluation
policies.
Was read the first time and referred to the Committee on Education.
SB 171
Introduced by:
Senators Olson, Aker, Daugaard, Dunn (Rebecca), and Everist and
Representatives Fischer-Clemens, Barker, Broderick, Brown (Richard), Matthews, Pederson
(Gordon), and Peterson (Bill)
SB 172
Introduced by:
Senators Kloucek, Hunhoff, Hutmacher, Lange, Lawler, Reedy,
Symens, and Valandra and Representatives Weber, Davis, Lockner, Lucas, and Moore
FOR AN ACT ENTITLED, An Act
to authorize a moratorium on certain hog confinement
operations.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 173
Introduced by:
Senators Kloucek, Hunhoff, Hutmacher, Lange, Paisley, Reedy,
and Valandra and Representatives Schrempp, Chicoine, Fischer-Clemens, Lee, Lockner, Moore,
Van Gerpen, and Weber
FOR AN ACT ENTITLED, An Act
to make certain corporate livestock feeders liable for
property devaluations.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 174
Introduced by:
Senators Albers, Daugaard, and Hainje and Representatives
Broderick and Moore
FOR AN ACT ENTITLED, An Act
to revise the provisions concerning the procedure for
filing a summons.
Was read the first time and referred to the Committee on Judiciary.
SB 175
Introduced by:
Senator Kloucek and Representatives Collier and Sokolow
FOR AN ACT ENTITLED, An Act
to allow solid waste haulers an additional tolerance
from the maximum vehicle weight limits under certain conditions.
Was read the first time and referred to the Committee on Transportation.
SB 176
Introduced by:
Senators Kloucek, Hutmacher, and Lawler and Representatives Lee,
Chicoine, Collier, Schrempp, Waltman, and Weber
FOR AN ACT ENTITLED, An Act
to repeal the contractor's excise tax.
Was read the first time and referred to the Committee on Taxation.
SB 178
Introduced by:
Senators Albers, Drake, Frederick, Hunhoff, Symens, and
Thompson and Representatives DeMersseman, Lucas, Richter, Schaunaman, and Volesky
FOR AN ACT ENTITLED, An Act
to require the mandatory payment of costs and
attorney's fees in frivolous or malicious actions.
Was read the first time and referred to the Committee on Judiciary.
SB 179
Introduced by:
Senators Flowers, Drake, Morford-Burg, and Symens and
Representatives Haley, Koetzle, Lockner, and Lucas
FOR AN ACT ENTITLED, An Act
to allow the city of Huron to issue a temporary liquor
license to be operated within the South Dakota State Fairgrounds.
Was read the first time and referred to the Committee on State Affairs.
SB 180
Introduced by:
Senators Hutmacher, Drake, Johnson (William), Morford-Burg,
and Valandra and Representatives Koskan, Lockner, and Weber
FOR AN ACT ENTITLED, An Act
to revise the calculation of adjusted average daily
membership in the state aid formula.
Was read the first time and referred to the Committee on Education.
SB 181
Introduced by:
Senator Munson (David) and Representatives Rost, Collier, and
Matthews
FOR AN ACT ENTITLED, An Act
to allow additional compensation to state's attorneys
for the performance of legal services under the Violence Against Women Act.
Was read the first time and referred to the Committee on Judiciary.
SB 182 Introduced by: Senators Munson (David) and Thompson and Representative DeMersseman
SB 183
Introduced by:
Senators Rounds, Benson, and Johnson (William) and
Representatives de Hueck and Gabriel
FOR AN ACT ENTITLED, An Act
to permit a county to designate minimum maintenance
roads.
Was read the first time and referred to the Committee on Transportation.
SB 184
Introduced by:
Senators Rounds, Brown (Arnold), and Flowers and
Representatives Koskan, Diedrich, and Volesky
FOR AN ACT ENTITLED, An Act
to revise certain provisions pertaining to motor vehicle
titling and registration and to provide penalties for certain violations.
Was read the first time and referred to the Committee on Transportation.
SB 185
Introduced by:
Senators Thompson, Aker, Drake, Hunhoff, Lawler, Morford-Burg,
and Staggers and Representatives Jorgensen and Schaunaman
FOR AN ACT ENTITLED, An Act
to provide for a refund of taxes attributed to the
construction of a new or expanded school district facility.
Was read the first time and referred to the Committee on Education.
SB 186
Introduced by:
Senator Thompson and Representative Lee
FOR AN ACT ENTITLED, An Act
to revise certain requirements and rule making
authority relating to implementation of a hunter safety course.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 187
Introduced by:
Senators Whiting, Olson, Staggers, and Symens and
Representatives Hunt, Cutler, DeMersseman, Duxbury, Haley, Jorgensen, and Koetzle
FOR AN ACT ENTITLED, An Act
to increase the amount of money or damage that is
under the jurisdiction of small claims court.
Was read the first time and referred to the Committee on Judiciary.
SB 189
Introduced by:
Senators Paisley and Everist and Representatives Cutler and Brown
(Richard)
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to certain
contracting school districts that do not operate an elementary school and a secondary school.
Was read the first time and referred to the Committee on Education.
SB 190
Introduced by:
Senators Paisley, Albers, and Lange and Representatives Brooks,
Barker, Broderick, Brown (Richard), Chicoine, and Kooistra
FOR AN ACT ENTITLED, An Act
to provide legislative approval of certain operations
of the Sioux Falls/Regional Sanitary Landfill.
Was read the first time and referred to the Committee on Local Government.
SB 191
Introduced by:
Senators Paisley, Everist, Halverson, Shoener, and Thompson and
Representatives Wick, Brosz, and Brown (Richard)
FOR AN ACT ENTITLED, An Act
to allow the payment of gross receipts tax on the rental
of certain trailers and to declare an emergency.
Was read the first time and referred to the Committee on Taxation.
SB 192
Introduced by:
Senators Paisley, Everist, Halverson, Shoener, and Thompson and
Representatives Wick, Brosz, and Brown (Richard)
FOR AN ACT ENTITLED, An Act
to revise certain requirements for snow removal
equipment and to declare an emergency.
Was read the first time and referred to the Committee on Local Government.
SB 193
Introduced by:
Senator Hunhoff and Representative Munson (Donald)
FOR AN ACT ENTITLED, An Act
to regulate the growth of contract swine enterprises.
SB 194
Introduced by:
Senator Everist and Representative Roe
FOR AN ACT ENTITLED, An Act
to classify certain persons as residents for purposes
of higher education tuition.
Was read the first time and referred to the Committee on Education.
SB 195
Introduced by:
Senators Everist and Dunn (Rebecca) and Representatives Fischer-
Clemens, Jorgensen, Lucas, Moore, and Schaunaman
FOR AN ACT ENTITLED, An Act
to require an offer of insurance coverage for the
diagnosis and treatment of biologically-based mental illness.
Was read the first time and referred to the Committee on Commerce.
SB 196
Introduced by:
Senators Lawler, Aker, Drake, Dunn (Rebecca), Flowers, Frederick,
Hainje, Halverson, Hunhoff, Hutmacher, Johnson (William), Kloucek, Lange, Reedy, Rounds,
Staggers, Symens, and Vitter and Representatives Hunt, Belatti, Chicoine, Crisp, DeMersseman,
Duenwald, Fiegen, Fitzgerald, Gleason, Hassard, Jaspers, Kazmerzak, Koetzle, Koskan, Kredit,
Lucas, Madden, Matthews, McNenny, Monroe, Moore, Pederson (Gordon), Putnam, Rost,
Schrempp, Smidt, Sokolow, Van Gerpen, Waltman, Weber, Wetz, and Wick
FOR AN ACT ENTITLED, An Act
to provide for civil enforcement of statutes against
assisted suicide.
Was read the first time and referred to the Committee on Judiciary.
SB 197
Introduced by:
Senators Staggers, Aker, Albers, and Thompson and
Representatives Duenwald, McNenny, Monroe, and Napoli
FOR AN ACT ENTITLED, An Act
to restrict the amount of time a governing body may
impose an excess tax levy, unless the governing body takes action to continue the excess tax
levy.
Was read the first time and referred to the Committee on Taxation.
SB 198
Introduced by:
Senators Dunn (Jim), Aker, and Brown (Arnold)
FOR AN ACT ENTITLED, An Act
to revise certain requirements of the director of the
Office of Laboratory Services.
SB 199
Introduced by:
Senators Drake, Benson, Halverson, Hutmacher, Johnson
(William), Morford-Burg, and Valandra and Representatives McNenny, Gabriel, Koskan, and
Lockner
FOR AN ACT ENTITLED, An Act
to revise the calculation of state aid to education.
Was read the first time and referred to the Committee on Education.
SB 200
Introduced by:
Senators Drake, Benson, Flowers, and Thompson and
Representatives Duenwald, Brown (Jarvis), Johnson (Doug), Madden, Napoli, and Weber
FOR AN ACT ENTITLED, An Act
to provide for the issuance of big game licenses to
certain landowners and operators free of charge.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 201
Introduced by:
Senators Frederick and Drake and Representative Brosz
FOR AN ACT ENTITLED, An Act
to criminalize the transport of live marijuana plants
regardless of weight.
Was read the first time and referred to the Committee on Judiciary.
SB 202
Introduced by:
Senators Frederick, Hainje, Halverson, Hunhoff, and Symens and
Representatives Crisp, Diedrich, Duxbury, Haley, Jorgensen, Putnam, Schaunaman, Sperry,
and Weber
FOR AN ACT ENTITLED, An Act
to regulate certain agricultural contracts.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 203
Introduced by:
Senators Symens, Benson, Dennert, Drake, and Johnson (William)
and Representatives Gleason and Jaspers
FOR AN ACT ENTITLED, An Act
to revise the definition of a large boat.
Was read the first time and referred to the Committee on Commerce.
SB 204 Introduced by: Senators Symens, Benson, Dennert, Drake, Hainje, and Johnson (William) and Representatives Gleason and Jaspers
SB 205
Introduced by:
Senators Shoener, Everist, and Thompson and Representatives
Brooks, Cerny, Jorgensen, and Koskan
FOR AN ACT ENTITLED, An Act
to authorize the use of photo radar equipment to
identify motor vehicles violating limited speed zones in highway work areas.
Was read the first time and referred to the Committee on Transportation.
SB 206
Introduced by:
Senators Shoener, Aker, Dunn (Jim), Ham, Hunhoff, Lange,
Valandra, and Vitter and Representatives Derby, DeMersseman, Duniphan, Moore, and Putnam
FOR AN ACT ENTITLED, An Act
to revise certain requirements regarding public
records.
Was read the first time and referred to the Committee on Commerce.
SB 207
Introduced by:
Senator Shoener and Representative Roe
FOR AN ACT ENTITLED, An Act
to limit the application of preexisting waiting periods
for health insurance policies.
Was read the first time and referred to the Committee on Commerce.
SB 208
Introduced by:
Senator Shoener and Representative Roe
FOR AN ACT ENTITLED, An Act
to revise the requirements for individual and group
health insurance availability, portability, and renewability.
Was read the first time and referred to the Committee on Commerce.
SB 209
Introduced by:
Senators Aker, Everist, Lawler, Morford-Burg, and Munson
(David) and Representatives Matthews, Barker, Cutler, and Jorgensen
FOR AN ACT ENTITLED, An Act
to specify certain circumstances that create a
rebuttable presumption that awarding custody or granting visitation rights is not in the best
interests of a child.
Was read the first time and referred to the Committee on Judiciary.
SB 211
Introduced by:
Senators Drake, Benson, and Thompson and Representatives
Duenwald, Brown (Jarvis), and Monroe
FOR AN ACT ENTITLED, An Act
to assure payment of health benefits for injuries
sustained by an insured person operating a motor vehicle under the influence of alcohol or
drugs.
Was read the first time and referred to the Committee on Judiciary.
Sen. Staggers requested that SB 90 be removed from the Consent Calendar.
Sen. Rounds requested that SB 87 and HB 1043 be removed from the Consent Calendar.
SB 67
:
FOR AN ACT ENTITLED, An Act
to transfer the authority to certify sign
language interpreters to the Department of Human Services.
Was read the second time.
The question being "Shall SB 67 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Valandra
SB 88
:
FOR AN ACT ENTITLED, An Act
to expand the jurisdiction of magistrate judges
to include temporary protection order cases.
Was read the second time.
The question being "Shall SB 88 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 89
:
FOR AN ACT ENTITLED, An Act
to allow circuit judges from one or more
circuits to share law library resources.
Was read the second time.
The question being "Shall SB 89 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
SB 120
:
FOR AN ACT ENTITLED, An Act
to clarify certain provisions relating to
insurance arbitration between insurance companies.
Was read the second time.
The question being "Shall SB 120 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 103
:
FOR AN ACT ENTITLED, An Act
to increase the penalty for a driver of a motor
vehicle who eludes a law enforcement officer.
Having had its second reading was up for reconsideration and final passage.
Sen. Hunhoff moved that SB 103 be deferred until Thursday, January 30, the 13th
legislative day and that a fiscal note be requested.
Which motion prevailed and the bill was so deferred.
On page
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line
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,
after "
board,
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insert "or".
On page
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,
after "
commission
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delete "
, authority, or other entity of state
government
"
.
Which motion prevailed and SB 42 was so amended.
The question being "Shall SB 42 pass as amended?"
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lange; Morford-Burg; Munson
(David); Paisley; Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Dunn (Rebecca); Hunhoff; Hutmacher; Kloucek; Lawler; Olson; Reedy; Thompson
Excused were:
Flowers; Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
The question being "Shall SB 96 pass?"
And the roll being called:
Yeas 5, Nays 29, Excused 1, Absent and Not Voting 0
Yeas were:
Ham; Shoener; Staggers; Vitter; Whiting
Nays were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Symens; Thompson
Excused were:
Valandra
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 110
:
FOR AN ACT ENTITLED, An Act
to place additional restrictions on a person
driving with a restricted minor's driving permit.
Was read the second time.
Sen. Frederick moved the previous question.
Which motion prevailed.
The question being "Shall SB 110 pass?"
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Hainje; Halverson; Ham;
Hunhoff; Lange; Munson (David); Paisley; Shoener; Staggers; Thompson; Vitter; Whiting
Excused were:
Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Frederick announced his intention to reconsider the vote by which SB 110 passed.
SB 131
:
FOR AN ACT ENTITLED, An Act
to provide for the temporary surrender of
motor vehicles if the operator fails to provide proof of insurance.
Was read the second time.
The question being "Shall SB 131 pass?"
And the roll being called:
Yeas 8, Nays 26, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Dunn (Rebecca); Kloucek; Lange; Lawler; Reedy; Thompson; Whiting
Nays were:
Aker; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist; Flowers;
Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Morford-
Burg; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Symens; Vitter
Excused were:
Valandra
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 135
:
FOR AN ACT ENTITLED, An Act
to clarify certain conditions for vacating,
changing, or relocating section-line highways.
Was read the second time.
"
Section
1.
That
§
31-3-6
be amended to read as follows:
31-3-6.
Upon receiving the petition of two or more voters of an organized civil township or
of the number of voters equal to or greater than one percent of theballots cast for the last
gubernatorial election in the affected county, the board of supervisors of the township or the
board of county commissioners wherein the highway is located or is proposed to be located
may, except as provided in
§
§
31-3-12 and 31-3-44, vacate, change
,
or locate any highway
located or to be used within the township or county
, if the public interest will be better served
by the proposed vacating, changing or locating of the highway
. The petition of the voters shall
set forth the beginning, course
,
and termination of the highway proposed to be located, changed
,
or vacated, together with the names of the owners of the land through which the highway may
pass."
On page
2
,
delete line
1
.
Sen. Halverson moved that Sen. Hutmacher's motion to amend SB 135 be laid on the table.
Which motion prevailed and Sen. Hutmacher's motion to amend SB 135 was laid on the
table.
Sen. Thompson moved the previous question.
Which motion prevailed.
The question being "Shall SB 135 pass?"
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Brown (Arnold); Daugaard; Dunn (Rebecca); Everist; Hainje; Munson (David); Paisley;
Rounds; Shoener; Staggers; Vitter; Whiting
Nays were:
Aker; Benson; Dennert; Drake; Dunn (Jim); Flowers; Frederick; Halverson; Ham; Hunhoff;
Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy;
Symens; Thompson
Sen. Staggers moved that SB 160 be referred to the Committee on Judiciary.
Which motion prevailed and the bill was so referred.
HB 1027
:
FOR AN ACT ENTITLED, An Act
to transfer licensure of adult foster care
homes from the Department of Social Services to the Department of Health and to revise the
definition of an assisted living center.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1059
:
FOR AN ACT ENTITLED, An Act
to allow the Gaming Commission to
delegate its authority to approve the transfer of certain license stamps between licensed gaming
operators.
Was read the first time and referred to the Committee on State Affairs.
HB 1061
:
FOR AN ACT ENTITLED, An Act
to establish the crime of enticing a child
and to provide a penalty therefor.
Was read the first time and referred to the Committee on Judiciary.
HB 1062
:
FOR AN ACT ENTITLED, An Act
to allow more time for a mental illness
hearing.
Was read the first time and referred to the Committee on Judiciary.
HB 1072
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions of the Uniform
Commercial Code relating to nonnegotiable instruments.
Was read the first time and referred to the Committee on Judiciary.
HB 1046
:
FOR AN ACT ENTITLED, An Act
to define unfair discrimination in the
business of insurance.
Was read the first time and referred to the Committee on Commerce.
HJR 1005
:
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next
general election an amendment to Article III, section 6 of the Constitution of the State of South
Dakota, relating to legislative term limits.
Was read the first time and referred to the Committee on State Affairs.
HB 1009
:
FOR AN ACT ENTITLED, An Act
to allow the state auditor to temporarily
draw on money between state funds in anticipation of revenue.
Was read the second time.
On page
2,
remove the overstrikes from lines
6
and
7
, inclusive
.
On page
2
,
delete the underscored material on lines
7
and
8
.
Which motion prevailed and HB 1009 was so amended.
The question being "Shall HB 1009 pass as amended?"
And the roll being called:
Excused were:
Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1052
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
recording of the transportation and shipment of gaming devices.
Was read the second time.
The question being "Shall HB 1052 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Halverson; Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SC 3
Introduced by:
Senator Vitter and Representatives Pederson (Gordon) and Hassard
A LEGISLATIVE COMMEMORATION,
Commending and honoring Louella Peterson, a
member of the Hill City School District Board, on her selection as the 1996-1997
Outstanding School Board Member.
SC 4
Introduced by:
Senator Frederick and Representatives Lee, Kazmerzak, and Roe
A LEGISLATIVE COMMEMORATION,
Honoring the 1996-1997 Hamlin High School
Charger athletic programs and the students and staff involved in those programs.
Sen. Thompson moved that the Senate do now adjourn, which motion prevailed, and at
5:10 p.m. the Senate adjourned.