The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by Senate page Cynthia Jackson.
Roll Call: All members present.
Assistant Sergeant-at-Arms: Milo Smith
Pages: Michael Clegg, Janice Cook, Matthew Fiorita, Shanna Hilderman, Stephanie
Hummel, Cynthia Jackson, Dawn Mulloy, Jewell Rusten, Ashley Trankle, and Aaron Van Ruler
Which were subscribed to and placed on file in the Office of the Secretary of State.
The President
introduced Tommie Jo Casteel, Newell, currently a student at Black Hills
State University, the reigning Miss South Dakota Stockgrower. She was escorted to the chamber
by Senator Johnson.
January 24, 1997
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 Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Harvey C. Jewett,
Brown County, Aberdeen, South Dakota, to the State Board of Regents.
This appointment is effective immediately, and shall continue until March 31, 1999.
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 Ronald W. Mielke,
Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air.
This appointment is effective August 1, 1997, and shall continue until August 1, 1998.
February 6, 1997
February 10, 1
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1005 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
226 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1001 which was deferred to the 41st legislative day.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 109 and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration SB
194 and 223 and returns the same with the recommendation that said bills do pass.
The Committee on Education respectfully reports that it has had under consideration SB
180 which was deferred to the 41st legislative day.
The Committee on Judiciary respectfully reports that it has had under consideration SB
160, 248, and 57 and HB 1061 and returns the same with the recommendation that said bills do
pass.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1062 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
MADAM PRESIDENT:
I have the honor to return herewith SB 31 and 36 which have passed the House without
change.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Fiegen,
Cutler, and Moore as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to adjust the differences between the two Houses on SB 55.
Sen. Whiting moved that the Senate do concur in the House amendments to SB 97.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 97.
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 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 169
:
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 second time.
The question being "Shall SB 169 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 178
:
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 second time.
The question being "Shall SB 178 pass?"
And the roll being called:
HB 1099
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to liens.
Was read the second time.
The question being "Shall HB 1099 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 155
:
FOR AN ACT ENTITLED, An Act
to revise the responsibilities of counties
providing for prisoner care and the liability of prisoners for reimbursing the county for costs
incurred.
Was read the second time.
The question being "Shall SB 155 pass as amended?"
And the roll being called:
SB 163
:
FOR AN ACT ENTITLED, An Act
to authorize certain counties to issue one
additional on-sale liquor license under certain conditions.
Was read the second time.
The question being "Shall SB 163 pass as amended?"
And the roll being called:
Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Flowers; Frederick;
Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Morford-Burg; Munson
(David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting
Nays were:
Albers; Dennert; Dunn (Rebecca); Hutmacher; Kloucek; Lange; Lawler; Symens; Thompson
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 215
:
FOR AN ACT ENTITLED, An Act
to transfer the Unclaimed Property Office
from the State Treasurer's Office to the secretary of revenue.
Was read the second time.
Section
1.
That
§
1-27-28
be repealed.
Section
4.
That
§
1-27-31 be repealed.
1-27-31. A state agency may not disclose that it is investigating, examining, or auditing a
private entity, and may only disclose the information obtained from such an investigation,
examination, or audit as follows:
Sen. Halverson moved that Sen. Olson's motion to amend SB 215 be laid on the table.
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Staggers;
Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-
Burg; Olson; Reedy; Symens; Thompson; Valandra
Excused were:
Munson (David)
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and Sen. Olson's motion to amend SB 215 was laid
on the table.
Sen. Frederick moved the previous question.
Sen. Kloucek requested a roll call vote.
Which request was supported.
The question being on Sen. Frederick's motion to call the previous question.
And the roll being called:
Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Staggers;
Thompson; Vitter; Whiting
Excused were:
Munson (David)
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
Sen. Symens moved that SB 215 be laid on the table.
The question being on Sen. Symens' motion that SB 215 be laid on the table.
And the roll being called:
Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0
Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-
Burg; Olson; Reedy; Symens; Thompson; Valandra
Nays were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Staggers;
Vitter; Whiting
Excused were:
Munson (David)
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
The question now being "Shall SB 215 pass?"
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Staggers;
Vitter; Whiting
Excused were:
Munson (David)
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. Flowers announced his intention to reconsider the vote by which SB 215 passed.
SB 168
:
FOR AN ACT ENTITLED, An Act
to revise the penalties for inmate escape from
Department of Corrections custody.
Was read the second time.
The question being "Shall SB 168 pass?"
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Frederick; Halverson; Ham; Kleven; Munson (David); Olson; Rounds; Shoener;
Staggers; Vitter
Nays were:
Benson; Flowers; Hainje; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler;
Morford-Burg; Paisley; Reedy; Symens; Thompson; Valandra; 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.
HB 1070
:
FOR AN ACT ENTITLED, An Act
to require payment of sales commissions
after termination of employment.
Was read the first time and referred to the Committee on Commerce.
HB 1184
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
school district elections.
Was read the first time and referred to the Committee on Local Government.
HB 1041
:
FOR AN ACT ENTITLED, An Act
to revise the requirements by which parole
hearings may be held by teleconference.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1041 pass as amended?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Lange; Morford-Burg; Munson (David); Olson; Reedy; Rounds; Shoener; Symens;
Thompson; Vitter; Whiting
Nays were:
Drake; Kloucek; Lawler; Paisley; Staggers; Valandra
HB 1065
:
FOR AN ACT ENTITLED, An Act
to increase the minimum wage and to
declare an emergency.
Was read the second time.
"
Section 6. That
§
60-11-3
be amended to read as follows:
The provisions of this section do not apply to babysitters or outside salesmen.
Section 7. That
§
60-11-3.1
be amended to read as follows:
60-11-3.1.
Tips or other considerations received by a tipped employee may be credited by
the employer toward the minimum wage provided in
§
60-11-3 up to a maximum of fifty
percent of the required minimum wage.
Any employer of a tipped employee shall pay a cash
wage of not less than three dollars and thirty-five cents an hour if the employer claims a tip
credit against the employer's minimum wage obligation. If an employee's tips combined with
the employer's cash wage of not less than three dollars and thirty-five cents an hour do not equal
the minimum hourly wage, the employer shall make up the difference as additional wages for
each regular pay period of the employer.
A "tipped employee" is one engaged in an occupation in which he customarily and regularly
receives more than thirty-five dollars a month in tips or other considerations.
This section does not apply to babysitters or outside salesmen.
Section 8. The provisions of sections 6 and 7 of this Act are effective on July 1, 1998.
"
Sen. Hunhoff requested a roll call vote.
Which request was supported.
The question being on Sen. Hunhoff's motion that HB 1065 be amended.
Nays were:
Aker; Albers; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje;
Halverson; Ham; Johnson (William); Kleven; Munson (David); Rounds; Shoener; Staggers;
Thompson; Vitter; Whiting
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Sen. Halverson moved that Sen. Hutmacher's motion to amend HB 1065 be laid on the
table.
Which motion prevailed and Sen. Hutmacher's motion to amend HB 1065 was laid on the
table.
The question now being "Shall HB 1065 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
The President publicly read the title to
SB 26:
FOR AN ACT ENTITLED, An Act
to revise the requirements for the type of
facilities that may be provided assistance concerning absentee ballots during a general election.
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.
HB 1066:
FOR AN ACT ENTITLED, An Act
to permit an election to be delayed under
certain weather conditions.
And signed the same in the presence of the Senate.
Sen. Thompson moved that the Senate do now adjourn, which motion prevailed, and at
4:10 p.m. the Senate adjourned.