The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of
Allegiance led by Senate page Nancy Gilbertson.
Roll Call: All members present.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared SB 73, 91, 165, 184, 188, 191, and 263 and finds the same
correctly enrolled.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1044, which was removed from the table, and returns the same with the recommendation
that said bill do not pass.
Sen. Whiting moved that the report of the Conference Committee on SB 43 as found on
page 746 of the Senate Journal be adopted.
The question being on Sen. Whiting's motion that the report of the Conference Committee
on SB 43 be adopted.
And the roll being called:
Yeas 31, Nays 1, Excused 3, 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; Reedy; Rounds;
Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Staggers
Excused were:
Aker; Paisley; Shoener
Sen. Whiting moved that the report of the Conference Committee on SB 156 as found on
page 746 of the Senate Journal be adopted.
Sen. Reedy moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 156 and that a new committee be appointed.
Sen. Brown moved that Sen. Reedy's substitute motion to not adopt the report of the
Conference Committee on SB 156 be laid on the table.
Sen. Aker requested a roll call vote.
Which request was supported.
The question being on Sen. Brown's motion that Sen. Reedy's substitute motion be laid on
the table.
And the roll being called:
Yeas 9, Nays 26, Excused 0, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Daugaard; Everist; Hainje; Ham; Shoener; Staggers; Thompson; Whiting
Nays were:
Aker; Albers; Benson; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick;
Halverson; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler;
Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Symens; Valandra; Vitter
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
The question being on Sen. Reedy's substitute motion that the Senate do not adopt the
report of the Conference Committee on SB 156 and that a new committee be appointed.
Which motion prevailed and the President appointed as such committee Sens. Whiting,
Benson, and Symens.
Sen. Everist moved that the report of the Conference Committee on HB 1046 as found on
page 747 of the Senate Journal be adopted.
Nays were:
Flowers
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.
Sen. Whiting moved that the report of the Conference Committee on HB 1164 as found
on page 728 of the Senate Journal be adopted.
The question being on Sen. Whiting's motion that the report of the Conference Committee
on HB 1164 be adopted.
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 report was adopted.
Sen. Everist moved that the report of the Conference Committee on HB 1102 as found on
page 728 of the Senate Journal be adopted.
Sen. Reedy moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on HB 1102 and that no new committee be appointed.
The question being on Sen. Reedy's substitute motion that the Senate do not adopt the
report of the Conference Committee on HB 1102 and that no new committee be appointed.
Nays were:
Aker; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Flowers; Frederick; Hainje;
Johnson (William); Lawler; Morford-Burg; Munson (David); Olson; Paisley; Rounds; Shoener;
Staggers; Symens; Thompson; Valandra; Vitter; Whiting
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 on Sen. Everist's motion that the report of the Conference
Committee on HB 1102 be adopted.
And the roll being called:
Yeas 24, Nays 10, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Flowers; Frederick; Hainje;
Johnson (William); Kloucek; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Albers; Benson; Drake; Dunn (Rebecca); Ham; Hunhoff; Hutmacher; Kleven; Lange; Reedy
Excused were:
Halverson
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 transmit herewith HCR 1012 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SCR 5 in which the House has concurred.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 75, 143, 154, 170, 202, and 266 which have been
amended by the House and your concurrence in the amendments is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Jorgensen, Wetz, and Schrempp 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 210.
HCR 1012
:
A CONCURRENT RESOLUTION,
Urging Congress to reauthorize the
federal surface transportation program in a timely manner and to continue to recognize the
national interest in the investment in highways which serve and cross rural western states.
Was read the first time.
The President waved the referral of HCR 1012 to a standing committee and HCR 1012 was
up for immediate consideration.
Sen. Staggers moved that the Senate do concur in HCR 1012 as found on page 715 of the
House Journal.
The question being on Sen. Staggers' motion that the Senate do concur in HCR 1012.
Excused were:
Halverson
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1012 was concurred in.
Sen. Ham moved that the Senate do not concur in House amendments to SB 166 and 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 adjust the differences between the two houses.
Sen. Hunhoff moved as a substitute motion that the Senate do not concur in House
amendments to SB 166 and that no committee be appointed.
The question being on Sen. Hunhoff's motion that the Senate do not concur in House
amendments to SB 166 and that no committee be appointed.
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek;
Lange; Lawler; Morford-Burg; Olson; Reedy; Staggers; Symens; Thompson; Valandra
Nays were:
Benson; Brown (Arnold); Daugaard; Drake; Everist; Frederick; Hainje; Halverson; Ham;
Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Which motion prevailed and the reports were adopted.
Sen. Hunhoff moved that the word "not" be stricken from the report of the Committee on
Appropriations on HB 1044 as found on page 754 of the Senate Journal and that HB 1044 be
placed on today's calendar.
The question being on Sen. Hunhoff's motion that the word "not" be stricken from the
report of the Committee on Appropriations on HB 1044 and that HB 1044 be placed on today's
calendar.
And the roll being called:
Yeas 23, Nays 12, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Dennert; Dunn (Rebecca); Flowers; Ham; Hunhoff; Hutmacher;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Staggers;
Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Benson; Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Johnson
(William); Kleven; Rounds; Shoener
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried, the "not" was stricken, and HB 1044 was placed on
today's calendar.
Sen. Hunhoff moved that HB 1044 be placed to follow HB 1246 on today's calendar.
Which motion prevailed.
Sen. Kloucek requested that HCR 1010 be removed from the Consent Calendar.
Sen. Kloucek moved that HCR 1010 be placed to follow HB 1044 on today's calendar.
Which motion prevailed and HCR 1010 was so placed.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1277.
I have the honor to inform your honorable body that the House has appointed Reps.
Jorgensen, Derby, and Hagen as a new 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 156.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on HB 1102, 1046, and SB 43.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the recommendation of the Governor as to corrections in style and form of SB
157, approved the recommendation and that the Chief of Engrossing and Enrolling has
engrossed the changes and has returned the same to his Excellency, the Governor, for his
approval at 2:10 p.m., March 4, 1997.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 24, 48, 51, 62, 63,
101, 106, 116, 117, 145, 152, 158, 183, 216, 244, 262, 264, and 269 were delivered to his
Excellency, the Governor, for his approval at 2:15 p.m., March 4, 1997.
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 99 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 99 be amended as follows:
Respectfully submitted, Respectfully submitted,
ROGER W. HUNT BARBARA EVERIST
PATRICIA DE HUECK KENNETH D. ALBERS
CAITLIN F. COLLIER MEL OLSON
House Committee Senate Committee
The Conference Committee respectfully reports that it has considered SB 210 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that SB 210 be amended as follows:
Respectfully submitted, Respectfully submitted,
KAY S. JORGENSEN ALAN AKER
KENNETH WETZ DRUE J. VITTER
House Committee Senate Committee
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 194 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
ROBERT A. ROE BARBARA EVERIST
KEITH PAISLEY
PAT HALEY REBECCA J. DUNN
House Committee Senate Committee
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 55 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 55 be amended as follows:
Delete all House amendments, thus restoring the bill to its original form.
On page 1, line 13 of the printed bill, delete "and any" and insert "or".
Respectfully submitted, Respectfully submitted,
KRISTIE FIEGEN JIM DUNN
STEVE CUTLER ARNOLD BROWN
GARRY A. MOORE JIM HUTMACHER
House Committee Senate Committee
HB 1126
:
FOR AN ACT ENTITLED, An Act
to revise the definition of average daily
membership in the state aid to education formula.
Having had its second reading was up for consideration and final passage.
Sen. Paisley moved that HB 1126 be placed to follow HCR 1010 on today's calendar.
Which motion prevailed and the bill was so placed.
Sen. Kloucek moved that HCR 1010 be placed to follow HB 1215 on today's calendar.
Which motion lost.
HJR 1009
:
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next
general election amendments to Article IX of the Constitution of the State of South Dakota,
relating to the organization of local government.
Having had its second reading was up for consideration and final passage.
The question being "Shall HJR1009 pass as amended?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0
Yeas were:
Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Flowers; Frederick; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange;
Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson;
Valandra; Vitter; Whiting
Nays were:
Aker; Albers; Hainje; Kloucek; Morford-Burg; Olson
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed.
The question being on the title.
Sen. Rounds moved that the title to HJR1009 be amended as follows:
HB 1138
:
FOR AN ACT ENTITLED, An Act
to provide for a graduated driver's licensing
system.
Having had its second reading was up for consideration and final passage.
"
Section 9. That
§
32-12-17
be amended to read as follows:
The question being "Shall HB 1138 pass as amended?"
And the roll being called:
Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Everist; Flowers;
Hainje; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Lange; Munson (David); Olson;
Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Nays were:
Benson; Dennert; Drake; Frederick; Johnson (William); Kloucek; Lawler; Morford-Burg;
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 1231
:
FOR AN ACT ENTITLED, An Act
to revise the property tax levies for general
funds of a school district.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1231 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.
HB 1022
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
one-call notification system.
Having had its second reading was up for consideration and final passage.
The question being on Sen. Hutmacher's pending motion that HB 1022 be amended as
found on page 745 of the Senate Journal.
Sen. Halverson moved that Sen. Hutmacher's pending motion to amend HB 1022 be laid
on the table.
Which motion prevailed and Sen. Hutmacher's pending motion to amend HB 1022 was laid
on the table.
The question now being "Shall HB 1022 pass as amended?"
Nays were:
Staggers
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.
HB 1238
:
FOR AN ACT ENTITLED, An Act
to allow a video lottery machine operator
to be owned by certain publicly traded companies.
Was read the second time.
The question being "Shall HB 1238 pass as amended?"
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Hainje;
Johnson (William); Munson (David); Rounds; Shoener; Staggers; Thompson; Valandra; Vitter;
Whiting
Nays were:
Benson; Brown (Arnold); Everist; Frederick; Halverson; Hunhoff; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Symens
Excused were:
Ham
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 1276 : FOR AN ACT ENTITLED, An Act to restrict persons who have possessed, used, or distributed controlled substances or marijuana from participation in certain extracurricular activities or financial aid assistance.
Sen. Thompson moved that Sen. Olson's pending motion to amend HB 1276 be amended
as follows:
In each paragraph, after "completed a" insert "thirty-day".
Sen. Vitter moved that Sen. Olson's pending motion to amend HB 1276 be amended as
follows:
At the end of each paragraph after the word "counselor" insert "and they must test negative
at this time before being reinstated to the program".
Sen. Vitter moved that HB 1276 with Sen. Olson's pending motion to amend and the two
pending motions to amend Sen. Olson's pending motion to amend be placed to follow HB 1126
on today's calendar.
Which motion prevailed and the bill was so placed.
HB 1169
:
FOR AN ACT ENTITLED, An Act
to revise certain conditions on collecting
real property taxes upon a single-family dwelling.
Was read the second time.
The question being "Shall HB 1169 pass as amended?"
And the roll being called:
HB 1273
:
FOR AN ACT ENTITLED, An Act
to authorize agents or employees of the
Department of Transportation to issue citations for certain motor vehicle violations.
Was read the second time.
Sen. Frederick moved the previous question.
Which motion prevailed.
The question being "Shall HB 1273 pass?"
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Dunn (Jim); Everist; Frederick; Halverson; Ham;
Johnson (William); Kleven; Munson (David); Paisley; Reedy; Rounds; Shoener; Vitter; Whiting
Nays were:
Brown (Arnold); Drake; Dunn (Rebecca); Flowers; Hainje; Hunhoff; Hutmacher; Kloucek;
Lange; Lawler; Morford-Burg; Olson; Staggers; Symens; Thompson; 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. Kloucek announced his intention to reconsider the vote by which HB 1273 passed.
HB 1218
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning the
detention of children in need of supervision and delinquent children.
Was read the second time.
Excused were:
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.
HB 1222
:
FOR AN ACT ENTITLED, An Act
to establish a universal telecommunications
service fund.
Was read the second time.
The question being "Shall HB 1222 pass as amended?"
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lange; Lawler;
Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Aker; Dennert; Flowers; Hutmacher; Kloucek; Morford-Burg; Staggers; 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.
HB 1227
:
FOR AN ACT ENTITLED, An Act
to establish the policy that will guide and
direct the creation of a new advanced telecommunication infrastructure across South Dakota.
Was read the second time.
The question being "Shall HB 1227 pass as amended?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick;
Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Kloucek; Lange; Lawler;
Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Aker; Flowers; Hutmacher; Morford-Burg; Staggers; Thompson
Excused were:
Brown (Arnold)
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 1243
:
FOR AN ACT ENTITLED, An Act
to establish a telecommunications gross
receipts tax, provide certain credits, revise certain tax rates on gross receipts, and revise certain
exemptions to taxes levied on property.
Was read the second time.
The question being "Shall HB 1243 pass as amended?"
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje;
Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lange; Munson (David); Olson;
Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Aker; Dennert; Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lawler; Morford-Burg;
Staggers; Thompson
HB 1057
:
FOR AN ACT ENTITLED, An Act
to provide for additional public waterfowl
hunting access through the sale of additional nonresident waterfowl hunting licenses, to regulate
certain commercial hunting activities, and to declare an emergency.
Was read the second time.
"
Section
1.
The owner of any livestock animals that are bred, farrowed, fed, or raised on a
contractual basis on property not owned by the livestock owner is liable for any damage or
pollution to the environment or the waters of the state resulting from such activity if the
livestock owner is not a family farm as defined in
§
47-9A-2, a family farm corporation as
defined in
§
47-9A-14, or an authorized farm corporation as defined in
§
47-9A-15 and if the
contract specifies design, construction, or operations standards or requirements that apply to
the property or facilities where such activity occurs. This section does not exempt the owner of
the property on which any livestock animals are bred, farrowed, fed, or raised from liability for
such damage or pollution.
"
Sen. Flowers moved that HB 1057 and Sen. Drake's pending motion to amend HB 1057
be laid on the table.
The question being on Sen. Flowers' motion that HB 1057 and Sen. Drake's pending
motion to amend HB 1057 be laid on the table.
And the roll being called:
Nays were:
Aker; Albers; Benson; Dennert; Drake; Hainje; Halverson; Johnson (William); Kleven; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1057 and Sen. Drake's pending motion to amend
HB 1057 were laid on the table.
HB 1215
:
FOR AN ACT ENTITLED, An Act
to authorize the referral of certain county
zoning decisions.
Was read the second time.
"
Any corporation may contract with South Dakota farmers to breed, farrow, or raise swine,
notwithstanding the provisions of
§
47-9A-13.1.
"
The question being "Shall HB 1215 pass as amended?"
And the roll being called:
Yeas 16, Nays 19, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Benson; Dennert; Drake; Halverson; Ham; Johnson (William); Lange; Olson; Paisley;
Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Albers; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick;
Hainje; Hunhoff; Hutmacher; Kleven; Kloucek; Lawler; Morford-Burg; Munson (David);
Reedy; Rounds; Shoener
HB 1246
:
FOR AN ACT ENTITLED, An Act
to elect trustees to control and manage
drainage districts and to declare an emergency.
Was read the second time.
"
Section 27. Any decision of the board of trustees of a drainage district may be referred to
a vote of the eligible voters of the district by the filing of a petition signed by at least five
percent of the eligible voters of the district. The petition shall be filed with the district within
ninety days following the district's action. Upon receipt of a valid petition, the district shall call
a special election, which shall be held within sixty days. The district shall publish notice of the
election in the official newspaper of the counties in which the district is located at least twenty
days before the election is held. The election shall be conducted by the district in the same
manner as the district's annual election is conducted.
"
The question being "Shall HB 1246 pass as amended?"
And the roll being called:
Yeas 24, Nays 11, Excused 0, 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; Munson (David); Paisley;
Reedy; Rounds; Shoener; Staggers; Thompson; Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg;
Olson; 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.
HB 1044 : FOR AN ACT ENTITLED, An Act to make an appropriation for certain higher education grant programs.
Sen. Morford-Burg requested a roll call vote.
Which request was supported.
The question being on Sen. Hutmacher's motion that Sen. Hainje's motion to amend HB
1044 be laid on the table.
And the roll being called:
Yeas 20, Nays 15, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Staggers;
Symens; Valandra; Whiting
Nays were:
Benson; Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson
(William); Kleven; Rounds; Shoener; Thompson; Vitter
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and Sen. Hainje's motion to amend HB 1044 was laid
on the table.
Sen. Lawler moved the previous question.
Sen. Frederick moved for a division of the question.
The President ruled that the question was not divisible.
The question now being "Shall HB 1044 pass?"
And the roll being called:
Nays were:
Benson; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Johnson (William); Kleven;
Rounds; Vitter
Excused were:
Aker; Staggers
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the bill lost.
Sen. Olson announced his intention to reconsider the vote by which HB 1044 lost.
HCR 1010
:
A CONCURRENT RESOLUTION,
Requesting the appointment of an interim
legislative committee to study water development districts, county drainage laws, conservation
districts, and other natural resource districts.
Was read the second time.
The question being "Shall HCR 1010 as found on page 484 of the House Journal be
concurred in?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Everist;
Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Thompson; Valandra; Vitter; Whiting
Nays were:
Dunn (Jim); Johnson (William); Symens
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1010 was concurred in.
Nays were:
Benson; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Johnson (William); Kleven;
Rounds
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1044 was up for reconsideration and final
passage.
HB 1044
:
FOR AN ACT ENTITLED, An Act
to make an appropriation for certain higher
education grant programs.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall HB 1044 pass?"
And the roll being called:
Yeas 23, Nays 11, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Flowers; Ham; Hunhoff;
Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy;
Shoener; Symens; Thompson; Valandra; Whiting
Nays were:
Benson; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Johnson (William); Kleven;
Rounds; Vitter
Excused were:
Staggers
MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 137 was lost on second reading and
final passage.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 72 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
There being no objection, the Senate reverted to Order of Business No. 8.
Sen. Frederick moved that the Senate do concur in House amendments to SB 72.
Sen. Hutmacher moved as a substitute motion that the Senate do not concur in House
amendments to SB 72 and 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 adjust the differences between the two
houses.
Sen. Drake moved the previous question.
Which motion prevailed.
The question being on Sen. Hutmacher's substitute motion that the Senate do not concur
in House amendments to SB 72.
Which motion prevailed and the President appointed as such committee Sens. Frederick,
Drake, and Hutmacher.
The question being on Sen. Olson's pending motion to amend HB 1276 as found on page
769, and Sens. Thompson's and Vitter's pending amendments to Sen. Olson's pending motion
to amend.
Sen. Olson requested a roll call vote.
Which request was supported.
The question being on Sen. Thompson's substitute motion that HB 1276 be amended.
And the roll being called:
Yeas 20, Nays 15, Excused 0, Absent and Not Voting 0
Yeas were:
Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Flowers; Hunhoff;
Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Symens;
Thompson; Valandra; Whiting
Nays were:
Aker; Albers; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William);
Kleven; Munson (David); Rounds; Shoener; Staggers; Vitter
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and HB 1276 was so amended.
Sen. Rounds moved that Sen. Thompson's amendment to HB 1276 be amended as follows:
Sen. Vitter moved that Sen. Thompson's amendment to HB 1276 be amended as follows:
After "counselor" insert "and they must test negative at this time before being reinstated
to the program".
Which motion prevailed.
The question now being "Shall HB 1276 pass as amended?"
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Everist; Frederick; Hainje;
Halverson; Ham; Johnson (William); Kleven; Kloucek; Lange; Munson (David); Olson;
Paisley; Reedy; Rounds; Shoener; Staggers; Thompson; Vitter; Whiting
Nays were:
Aker; Dunn (Jim); Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Lawler; Morford-Burg;
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.
Earlier today Sen. Kloucek announced his intention to reconsider the vote by which HB
1273 passed.
Sen. Kloucek moved to reconsider the vote by which HB 1273 passed.
The question being on Sen. Kloucek's motion to reconsider the vote by which HB 1273
passed.
And the roll being called:
Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0
Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg;
Olson; Reedy; Staggers; Symens; Thompson; Valandra
HB 1126
:
FOR AN ACT ENTITLED, An Act
to revise the definition of average daily
membership in the state aid to education formula.
Having had its second reading was up for consideration and final passage.
Sen. Rounds moved that HB 1126 be laid on the table.
The question being on Sen. Rounds' motion that HB 1126 be laid on the table.
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; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek; Lange;
Lawler; Morford-Burg; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens;
Vitter; Whiting
Nays were:
Dunn (Rebecca); Flowers; Hunhoff; Olson; Thompson; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1126 was laid on the table.
MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 267 was lost on second reading and
final passage.
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1084 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do not concur with the Senate amendments to HB 1084 and that a
new committee be appointed.
Respectfully submitted, Respectfully submitted,
ROBERT R. WEBER KERMIT STAGGERS
MITCH RICHTER CHARLES E. FLOWERS
House Committee Senate Committee
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1158 and the
amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and
recommends that all Senate amendments be deleted, thus restoring the bill to the form it passed
the House.
Respectfully submitted, Respectfully submitted,
ROGER BROOKS DENNIS DAUGAARD
JUDY FLYNN ROST RANDY FREDERICK
ROLAND A. CHICOINE CHARLES E. FLOWERS
House Committee Senate Committee
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1075 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1075 be amended as follows:
By March first, the school board of the district in which the student desires to enroll shall
approve or disapprove the application. The board shall notify the applicant and the resident
board, if applicable, of its decision within five days of the decision. The district in which the
student desires to enroll shall review the applications in the order received.
An application may be withdrawn by the applicant any time before March first upon
notification of all affected school boards. Once approved by the district in which the student
wishes to enroll, the approved application serves as the applicant's notice of intent to enroll in
the nonresident district or desired school during the next school year and obligates the student
to attend school in the nonresident district or desired school during the next school year, unless
the affected school board or boards agree in writing to allow the student to transfer back to the
resident district or assigned school, or unless the parents, guardians, or emancipated student
change residence to another district.
If a student's parents, or an emancipated student, move from a resident district into another
district after February first, the parents or emancipated student may apply for enrollment in a
nonresident district or in a nonassigned school under provisions of this Act. In such a case, the
school boards of both the new resident district and the nonresident district shall waive the
application and approval dates outlined in this Act, and the affected board shall review the
application in a timely manner as outlined above. The applicant shall be informed of the board's
decision within five days of the board's action on the application. Once enrolled in a nonresident
district or nonassigned school, the student may remain enrolled and is not required to resubmit
annual applications.
"
Respectfully submitted, Respectfully submitted,
SCOTT ECCARIUS BARBARA EVERIST
RICHARD E. "DICK" BROWN M. MICHAEL ROUNDS
LARRY LUCAS JIM HUTMACHER
House Committee Senate Committee
The President publicly read the title to
SB 73:
FOR AN ACT ENTITLED, An Act
to increase certain license fees and other fees
charged by the Office of the Secretary of State.
SB 91:
FOR AN ACT ENTITLED, An Act
to clarify certain provisions concerning the
enhancement of penalties for habitual criminals.
SB 165:
FOR AN ACT ENTITLED, An Act
to authorize the State Electrical Commission
to establish a biennial license fee for a maintenance electrician's license.
SB 184:
FOR AN ACT ENTITLED, An Act
to revise certain provisions pertaining to
motor vehicle titling and registration and to provide penalties for certain violations.
SB 188:
FOR AN ACT ENTITLED, An Act
to revise the property exempt from execution,
attachment, garnishment, seizure, or taking by any legal process and to provide certain
exceptions.
SB 191:
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.
SB 263:
FOR AN ACT ENTITLED, An Act
to revise certain provisions of the physician
tuition reimbursement program and the medical education scholarship program.
HB 1035:
FOR AN ACT ENTITLED, An Act
to revise certain provisions pertaining to the
regulation of vehicle dealers and snowmobile dealers.
HB 1088:
FOR AN ACT ENTITLED, An Act
to prohibit partial-birth abortions, to provide
a criminal penalty therefor, and to establish a civil cause of action.
HB 1089:
FOR AN ACT ENTITLED, An Act
to require a temporary permit and fee for
motorcycles and trailers to be displayed at certain events.
HB 1167:
FOR AN ACT ENTITLED, An Act
to revise the purposes for which rural
electric cooperatives may be organized.
HB 1177:
FOR AN ACT ENTITLED, An Act
to permit cooperatives, rural electric
cooperatives, telephone corporations, and nonprofit corporations to conduct meetings by
teleconference.
HB 1179:
FOR AN ACT ENTITLED, An Act
to allow school districts and other eligible
agencies to prepare food for other entities under authority of the National School Lunch Act.
HB 1180:
FOR AN ACT ENTITLED, An Act
to clarify taxing authority for political
subdivisions.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on
Wednesday, March 5, the 37th legislative day.
Which motion prevailed.
Sen. Daugaard moved that the Senate do now adjourn, which motion prevailed, and at 8:15
p.m. the Senate adjourned.