The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of
Allegiance led by Senate page Christena Eberhart.
Roll Call: All members present.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 3, 4, 21, 45, 52, 53,
61, 65, and 68 were delivered to his Excellency, the Governor, for his approval at 2:35 p.m.,
February 3, 1997.
The Committee on Local Government respectfully reports that it has had under
consideration SB 141 and 190 and returns the same with the recommendation that said bills do
pass.
The Committee on Local Government respectfully reports that it has had under
consideration SB 192 and HB 1066 and returns the same with the recommendation that said
bills do pass and be placed on the Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1059 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
Board of Pardons and Paroles and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of James Sheridan, Beadle County, Huron, South Dakota, to the Board of Pardons
and Paroles and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said appointment.
The Committee on Education respectfully reports that it has had under consideration SB
185 and returns the same with the recommendation that said bill be referred to the Committee
on Taxation.
The Committee on Education respectfully reports that it has had under consideration SB
199 which was deferred to the 41st legislative day.
The Committee on Taxation respectfully reports that it has had under consideration SB 128
and 161 and returns the same with the recommendation that said bills do pass.
The Committee on Taxation respectfully reports that it has had under consideration SB 176
which was tabled.
The Committee on Taxation respectfully reports that it has had under consideration SB 17
which was deferred to the 41st legislative day.
February 4, 1997
MADAM PRESIDENT:
I have the honor to return herewith SB 41 and 95 which have passed the House without
change.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 47 and 55 which have been amended by the House
and your concurrence in the amendments is respectfully requested.
Which motion prevailed and the bill was so referred.
Sen. Shoener moved that the Senate do concur in the House amendments to SB 80.
The question being on Sen. Shoener's motion that the Senate do concur in the House
amendments to SB 80.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
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; Valandra; Vitter; Whiting
Excused were:
Aker
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
SB 198
:
FOR AN ACT ENTITLED, An Act
to revise certain requirements of the director
of the Office of Laboratory Services.
Was read the second time.
The question being "Shall SB 198 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 150
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to a
commercial driver's instruction permit and to clarify the issuance of a commercial driver's
license work permit.
Was read the second time.
The question being "Shall SB 150 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
The question being "Shall SB 204 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 16
:
FOR AN ACT ENTITLED, An Act
to provide for the sunset of certain mandatory
minimum sentences.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall SB 16 pass as amended?"
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Benson; Brown (Arnold); Dunn (Jim); Everist; Flowers; Ham; Hunhoff; Hutmacher;
Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley; Reedy; Shoener; Valandra; Whiting
Nays were:
Albers; Daugaard; Dennert; Drake; Dunn (Rebecca); Frederick; Hainje; Halverson; Johnson
(William); Morford-Burg; Olson; Rounds; Staggers; Symens; Thompson; Vitter
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 113 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; 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; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Benson; Staggers
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 116
:
FOR AN ACT ENTITLED, An Act
to permit headstart program directors to have
limited access to the central registry for abuse and neglect.
Was read the second time.
The question being "Shall SB 116 pass as amended?"
And the roll being called:
SB 133
:
FOR AN ACT ENTITLED, An Act
to require persons convicted of driving under
the influence of alcohol or drugs to participate in certain education and evaluation by a chemical
dependency counselor or professional.
Was read the second time.
The question being "Shall SB 133 pass as amended?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers;
Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek;
Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Staggers; Symens;
Thompson; Valandra; Vitter; Whiting
Nays were:
Drake; Dunn (Jim); Rounds; Shoener
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 48
:
FOR AN ACT ENTITLED, An Act
to authorize construction of an animal
resource addition to the animal disease research and diagnostic laboratory at South Dakota State
University and to provide for its funding.
Was read the second time.
The question being "Shall SB 48 pass as amended?"
And the roll being called:
Nays were:
Everist; Thompson
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the bill passed and the title was agreed to.
SB 51
:
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to erect an
unheated storage building on the campus of Black Hills State University and to provide for its
funding.
Was read the second time.
The question being "Shall SB 51 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
Sen. Frederick moved that the title to SB 51 be amended as follows:
Sen. Frederick moved that SB 72 be deferred until Tuesday, February 11, the 21st
legislative day.
Which motion prevailed and the bill was so deferred.
SB 124
:
FOR AN ACT ENTITLED, An Act
to revise the tourism promotion tax and to
appropriate the revenue therefrom.
Was read the second time.
Which motion prevailed and SB 124 was so amended.
The question being "Shall SB 124 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, 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; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting
The question being on the title.
Sen. Shoener moved that the title to SB 124 be amended as follows:
SB 10
:
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to enter into
cooperative purchasing agreements with the North Dakota State Board of Higher Education.
Was read the second time.
The question being "Shall SB 10 pass as amended?"
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent and Not Voting 0
Yeas were:
Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Hainje; Ham;
Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson;
Paisley; Shoener; Staggers; Symens; Thompson; Valandra; Whiting
Nays were:
Aker; Albers; Drake; Dunn (Jim); Frederick; Halverson; Johnson (William); Rounds; Vitter
Excused were:
Reedy
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 44 : FOR AN ACT ENTITLED, An Act to regulate and prohibit certain telephone merchandising practices and to provide a penalty.
The question being "Shall SB 44 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, 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;
Rounds; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Shoener; Staggers
Excused were:
Reedy
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 112
:
FOR AN ACT ENTITLED, An Act
to revise the penalty for theft by an employee
of certain facilities and to require the reporting of certain thefts, abuse, neglect, and exploitation.
Was read the second time.
The question being "Shall SB 112 pass as amended?"
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje;
Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley;
Rounds; Shoener; Thompson; Valandra; Vitter; Whiting
Nays were:
Benson; Brown (Arnold); Drake; Halverson; Johnson (William); Morford-Burg; Olson;
Staggers; Symens
SB 138
:
FOR AN ACT ENTITLED, An Act
to authorize sheriffs to collect fees for
expenses incurred in executing court orders.
Was read the second time.
The question being "Shall SB 138 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
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; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Aker; Reedy
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 143
:
FOR AN ACT ENTITLED, An Act
to expand the definition of the crime of
stalking.
Was read the second time.
The question being "Shall SB 143 pass as amended?"
And the roll being called:
Excused were:
Aker; Reedy
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 15
:
FOR AN ACT ENTITLED, An Act
to revise the penalties for certain felony
convictions.
Was read the second time.
The question being "Shall SB 15 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
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; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Aker; Reedy
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 162
:
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 second time.
The question being "Shall SB 162 pass?"
Nays were:
Staggers
Excused were:
Aker; Reedy
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.
There being no objection the Senate reverted to Order of Business No. 5.
MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB
132 which was deferred to the 41st legislative day.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared SB 27 and 69 and finds the same correctly enrolled.
HB 1055
:
FOR AN ACT ENTITLED, An Act
to repeal the early presidential primary.
Was read the first time and referred to the Committee on State Affairs.
HB 1057
:
FOR AN ACT ENTITLED, An Act
to allow certain party hunting practices in
the hunting of big game.
Was read the first time and referred to the Committee on State Affairs.
HB 1068
:
FOR AN ACT ENTITLED, An Act
to provide for six-person juries in small
claims actions.
Was read the first time and referred to the Committee on Judiciary.
HB 1141
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning
those vehicles that are acceptable for sale by an auction agency.
Was read the first time and referred to the Committee on Transportation.
HB 1177
:
FOR AN ACT ENTITLED, An Act
to permit cooperatives, rural electric
cooperatives, and nonprofit corporations to conduct meetings by teleconference.
Was read the first time and referred to the Committee on State Affairs.
HB 1019
:
FOR AN ACT ENTITLED, An Act
to revise which candidates to whom the
provisions concerning campaign financing apply.
Was read the second time.
The question being "Shall HB 1019 pass as amended?"
And the roll being called:
Excused were:
Aker; Reedy
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.
There being no objection the Senate reverted to Order of Business No. 8.
Sen. Jim Dunn moved that SB 193 be referred from the Committee on State Affairs to the
Committee on Agriculture and Natural Resources.
Which motion prevailed and the bill was so referred.
Sen. Jim Dunn moved that SJR 3 be referred from the Committee on State Affairs to the
Committee on Agriculture and Natural Resources.
Which motion prevailed and the bill was so referred.
Sen. Jim Dunn moved that SB 224 be referred from the Committee on Health and Human
Services to the Committee on Agriculture and Natural Resources.
Which motion prevailed and the bill was so referred.
The President publicly read the title to
SB 27:
FOR AN ACT ENTITLED, An Act
to revise the time frames for giving notice
concerning local elections and the distribution of sample ballots.
Sen. David Munson moved that the Senate do now adjourn, which motion prevailed, and
at 4:24 p.m. the Senate adjourned.