The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, The Reverend Charles Walker, followed by the
Pledge of Allegiance led by Senate page Angela Brengle.
Roll Call: All members present except Sens. Reedy, Symens, and Valandra who were
excused.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared SB 48, 51, 63, 101, 116, 117, 145, 152, 158, 183, 244,
262, and 264 and finds the same correctly enrolled.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 59, 64, 88, 90, 92,
125, 127, 146, 148, 150, 155, 163, 190 and 232 were delivered to his Excellency, the Governor,
for his approval at 9:05 a.m., February 28, 1997.
The Committee on Taxation respectfully reports that it has had under consideration HB
1033, 1034, 1231 and 1279 and returns the same with the recommendation that said bills do
pass.
The Committee on Taxation respectfully reports that it has had under consideration HB
1106 and 1135 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
1115 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration the
reappointment of David R. Gienapp, Lake County, Madison, South Dakota, to the State Board
of Regents and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said reappointment.
Sen. Shoener moved that the report of the Conference Committee on HB 1035 as found
on page 697 of the Senate Journal be adopted.
The question being on Sen. Shoener's motion that the report of the Conference Committee
on HB 1035 be adopted.
And the roll being called:
Yeas 32, Nays 0, Excused 3, 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; Shoener; Staggers; Thompson; Vitter; Whiting
Excused were:
Reedy; Symens; Valandra
MADAM PRESIDENT:
Your Joint-Select Committee appointed to make arrangements for legislative days
respectfully reports that we recommend the 39th and 40th legislative days of the Seventy-second
Legislative Session be March 25 and 26.
Respectfully submitted, Respectfully submitted,
STEVE CUTLER M. MICHAEL ROUNDS
LARRY E. GABRIEL HAROLD W. HALVERSON
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Sen. Rounds moved that the report of the Joint-Select Committee relative to legislative
days be adopted.
The question being on Sen. Rounds' motion that the report of the Joint-Select Committee
relative to legislative days be adopted.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; 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; Thompson; Vitter; Whiting
Excused were:
Brown (Arnold); Reedy; Symens; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
MADAM PRESIDENT:
I have the honor to return herewith SB 24, 62, 106, 184, 191, 216, and 269 which have
passed the House without change.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 82, 186, 208, 210, and 214 which have been
amended by the House and your concurrence in the amendments is respectfully requested.
Sen. Whiting moved that the Senate do concur in the House amendments to SB 91.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 91.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Rounds;
Shoener; Staggers; Thompson; Vitter; Whiting
Excused were:
Frederick; Reedy; Symens; Valandra
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.
Sen. Paisley moved that the Senate do concur in the House amendments to SB 188.
The question being on Sen. Paisley's motion that the Senate do concur in the House
amendments to SB 188.
And the roll being called:
Nays were:
Staggers
Excused were:
Frederick; Reedy; Symens; Valandra; 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.
Sen. Halverson moved that the Senate do concur in the House amendments to SB 263.
The question being on Sen. Halverson's motion that the Senate do concur in the House
amendments to SB 263.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Rounds;
Shoener; Staggers; Thompson; Vitter; Whiting
Excused were:
Frederick; Reedy; Symens; Valandra
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.
Which motion prevailed and the reports were adopted.
Sen. Aker moved to place HB 1152, which was reported without recommendation, on the
calendar of Monday, March 3, the 35th legislative day.
The question being on Sen. Aker's motion that HB 1152 be placed on the calendar of
Monday, March 3, the 35th legislative day.
And the roll being called:
Yeas 24, Nays 7, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Rebecca); Everist; Flowers; Hainje;
Halverson; Ham; Hunhoff; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson
(David); Olson; Rounds; Shoener; Staggers; Vitter; Whiting
Nays were:
Albers; Dennert; Dunn (Jim); Hutmacher; Morford-Burg; Paisley; Thompson
Excused were:
Frederick; Reedy; Symens; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1152 was so placed.
HB 1264
:
FOR AN ACT ENTITLED, An Act
to expand the vehicles that an auction
agency may sell.
Was read the second time.
The question being "Shall HB 1264 pass?"
And the roll being called:
Excused were:
Frederick; Paisley; Reedy; Symens; 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 1206
:
FOR AN ACT ENTITLED, An Act
to authorize the sale of the state-owned
facilities and land in Rapid City, commonly known as the Coal Gasification Plant, and to
provide for the deposit of the proceeds.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1206 pass?"
And the roll being called:
Yeas 30, Nays 1, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; 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; Rounds; Shoener;
Staggers; Thompson; Vitter; Whiting
Nays were:
Albers
Excused were:
Paisley; Reedy; Symens; Valandra
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.
The question being "Shall HB 1077 pass?"
And the roll being called:
Yeas 17, Nays 14, Excused 4, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Daugaard; Dennert; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher;
Kloucek; Lange; Morford-Burg; Munson (David); Olson; Shoener; Staggers; Whiting
Nays were:
Aker; Albers; Benson; Drake; Dunn (Jim); Dunn (Rebecca); Frederick; Hunhoff; Johnson
(William); Kleven; Lawler; Rounds; Thompson; Vitter
Excused were:
Paisley; Reedy; Symens; Valandra
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Flowers announced his intention to reconsider the vote by which HB 1077 lost.
Sen. Flowers moved to reconsider the vote by which HB 1077 lost.
The question being on Sen. Flowers' motion to reconsider the vote by which HB 1077 lost.
And the roll being called:
Yeas 19, Nays 12, Excused 4, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Hainje; Hunhoff;
Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Rounds;
Shoener; Staggers; Whiting
Nays were:
Aker; Albers; Benson; Drake; Dunn (Jim); Frederick; Halverson; Ham; Johnson (William);
Kleven; Thompson; Vitter
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1077 was up for reconsideration and final
passage.
Sen. Flowers moved that HB 1077 be placed to follow HB 1253 on today's calendar.
Which motion prevailed and the bill was so placed.
HB 1277
:
FOR AN ACT ENTITLED, An Act
to revise the requirements for registered
engineers, architects, and land surveyors approving certain building projects.
Was read the second time.
The question being "Shall HB 1277 pass as amended?"
And the roll being called:
Yeas 24, Nays 7, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Flowers;
Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lange; Lawler; Munson
(David); Rounds; Shoener; Staggers; Thompson; Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Hunhoff; Hutmacher; Kloucek; Morford-Burg; Olson
Excused were:
Paisley; Reedy; Symens; 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. Rounds moved that HB 1081, 1234, 1253, and 1077 be deferred to Monday, March
3, the 35th legislative day.
Which motion prevailed and the bills were so deferred.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of adjusting the 39th and 40th legislative days to
March 25 and 26.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has approved SB 157 as
recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State
of South Dakota, for changes as to style and form.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1075 and has appointed Reps. Eccarius, Richard Brown, and Lucas
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.
The President appointed as such committee Sens. Everist, Rounds, and Hutmacher.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1158 and has appointed Reps. Brooks, Rost, and Chicoine 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.
The President appointed as such committee Sens. Daugaard, Albers, and Flowers.
The President publicly read the title to
SB 63:
FOR AN ACT ENTITLED, An Act
to extend medical assistance recovery to estates
of surviving spouses of certain deceased medical assistance recipients.
SB 101:
FOR AN ACT ENTITLED, An Act
to provide for the payment of property taxes
when a portion of the property has been purchased.
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.
SB 117:
FOR AN ACT ENTITLED, An Act
to increase the allowable value of an estate
from which personal property may be collected by affidavit.
SB 145:
FOR AN ACT ENTITLED, An Act
to authorize title insurance companies to
execute certain certificates of release of mortgages.
SB 152:
FOR AN ACT ENTITLED, An Act
to permit planning directors to approve
certain plats.
SB 158:
FOR AN ACT ENTITLED, An Act
to allow the Cosmetology Commission to
license nail technicians separately from other cosmetologists, to provide for a nail shop license,
and to revise certain provisions concerning the Cosmetology Commission.
SB 183:
FOR AN ACT ENTITLED, An Act
to permit a county to designate minimum
maintenance roads.
SB 244:
FOR AN ACT ENTITLED, An Act
to make an appropriation to fund tax refunds
for elderly and disabled persons.
SB 262:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding reverse
mortgages.
SB 264:
FOR AN ACT ENTITLED, An Act
to limit any future creation of QUEST
entities.
HB 1048:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
property and casualty Insurance Guaranty Association.
HB 1071:
FOR AN ACT ENTITLED, An Act
to require that certain juveniles register with
the sex offender registry, to provide for the removal of certain persons from the sex offender
registry, and to revise the age for certain sex crimes.
HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to Article III, section 12 of the Constitution of the State of South
Dakota, relating to legislative conflicts of interest.
And signed the same in the presence of the Senate.
Sen. Munson moved that the Senate do now adjourn, which motion prevailed, and at 1:50
p.m. the Senate adjourned.