The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Vicar Glen Gutz, followed by the Pledge of
Allegiance led by Senate page Lillika Liikala.
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 70, 82, 87, 149, 169, 186, 187, 208, 211, 213, 214,
228, 235, and 241 and finds the same correctly enrolled.
MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 93 and 128 were lost on second
reading and final passage.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Putnam, Richter, and Duxbury 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
72.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 108, 121, 126, 171, 181, 215, 242, and 260 which
have passed the House without change.
Sen. Halverson moved that the Senate do not concur in House amendments to SB 75 and
that no committee be appointed.
The question being on Sen. Halverson's motion that the Senate do not concur in House
amendments to SB 75 and that no committee be appointed.
Nays were:
Kloucek
Excused were:
Dennert; Halverson; Shoener
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Albers moved that the Senate do concur in the House amendments to SB 143.
The question being on Sen. Albers' motion that the Senate do concur in the House
amendments to SB 143.
And the roll being called:
Yeas 30, Nays 1, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens;
Thompson; Valandra; Vitter; Whiting
Nays were:
Morford-Burg
Excused were:
Dennert; Halverson; Lawler; Shoener
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. Everist moved that the Senate do concur in the House amendments to SB 170.
The question being on Sen. Everist's motion that the Senate do concur in the House
amendments to SB 170.
And the roll being called:
Yeas 34, Nays 1, 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; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Staggers
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. Frederick moved that the Senate do not concur in House amendments to SB 202 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.
Which motion prevailed and the President appointed as such committee Sens. Frederick,
Johnson, and Symens.
The question being on Sen. Everist's motion that the Senate do concur in the House
amendments to SB 266.
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.
The President publicly read the title to
SB 70:
FOR AN ACT ENTITLED, An Act
to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
SB 82:
FOR AN ACT ENTITLED, An Act
to revise the South Dakota Uniform Securities
Act to conform with the provisions of the National Securities Markets Improvement Act of
1996.
SB 87:
FOR AN ACT ENTITLED, An Act
to expand the civil jurisdiction of magistrate
judges.
SB 149:
FOR AN ACT ENTITLED, An Act
to resolve certain conflicting provisions
regarding workers' compensation and health insurance coverage.
SB 169:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
funds available from a defendant who has been assigned counsel.
SB 186:
FOR AN ACT ENTITLED, An Act
to revise certain requirements and rule
making authority relating to implementation of a hunter safety course.
SB 187:
FOR AN ACT ENTITLED, An Act
to increase the amount of money or damage
that is under the jurisdiction of small claims court and to clarify that a party may be represented
by an attorney in small claims or magistrate court.
Sen. Jim Dunn moved that the report of the Conference Committee on SB 55 as found on
page 763 of the Senate Journal be adopted.
The question being on Sen. Jim Dunn's motion that the report of the Conference
Committee on SB 55 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
Sen. Everist moved that the report of the Conference Committee on SB 99 as found on
page 762 of the Senate Journal be adopted.
The question being on Sen. Everist's motion that the report of the Conference Committee
on SB 99 be adopted.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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; Valandra; Vitter; Whiting
Nays were:
Dunn (Rebecca)
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.
Sen. Everist moved that the report of the Conference Committee on SB 194 as found on
page 763 of the Senate Journal be adopted.
Sen. Olson moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 194 and that no new committee be appointed.
Sen. Everist moved that Sen. Olson's substitute motion be amended by deleting "no" before
"new committee".
Sen. Kloucek moved that Sen. Olson's substitute motion to not adopt the report of the
Conference Committee on SB 194 and Sen. Everist's motion to amend Sen. Olson's substitute
motion be laid on the table.
Sen. Kloucek requested a roll call vote.
Nays were:
Aker; Benson; Brown (Arnold); Dennert; Drake; Dunn (Jim); Everist; Flowers; Frederick;
Hainje; Ham; Johnson (William); Kleven; Munson (David); Olson; Rounds; Staggers; Symens;
Thompson; Vitter
Excused were:
Halverson
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Rounds moved the previous question.
Which motion prevailed.
The question now being on Sen. Everist's motion to amend Sen. Olson's substitute motion.
Which motion prevailed and the motion was so amended.
Sen. Rounds moved the previous question.
Which motion prevailed.
The question now being on Sen. Olson's amended motion that the Senate do not adopt the
report of the Conference Committee on SB 194 as found on page 763 of the Senate Journal and
that a new committee be appointed.
Which motion prevailed and the President appointed as such committee Sens. Everist, Ham
and Symens.
Nays were:
Staggers
Excused were:
Benson
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 1075 as found on
page 783 of the Senate Journal be adopted.
The question being on Sen. Everist's motion that the report of the Conference Committee
on HB 1075 be adopted.
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist;
Frederick; Hainje; Halverson; Ham; Johnson (William); Lange; Morford-Burg; Munson
(David); Paisley; Reedy; Rounds; Shoener; Staggers; Thompson; Valandra; Vitter; Whiting
Nays were:
Albers; Drake; Flowers; Hunhoff; Hutmacher; Kleven; Kloucek; Lawler; Olson; Symens
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. Frederick moved that the report of the Conference Committee on HB 1158 as found
on page 783 of the Senate Journal be adopted.
The question being on Sen. Frederick's motion that the report of the Conference Committee
on HB 1158 be adopted.
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Daugaard; Paisley; Thompson
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:
The Conference Committee respectfully reports that it has considered HB 1150 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 and that no new
committee be appointed.
Respectfully submitted, Respectfully submitted,
BILL PETERSON JIM DUNN
WILLIAM F. CERNY JO ANN MORFORD-BURG
House Committee Senate Committee
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on SB 55, 99, 194, and 210.
Sen. Rounds moved that the Senate do now recess until 1:30 p.m., which motion
prevailed and at 11:00 a.m., the Senate recessed.
March 4, 1997
The Honorable Carole Hillard
President of the Senate
State Capitol Building
Pierre, SD 57501-5070
Dear Madam President and Members of the Senate:
I herewith return Senate Bill 127 and return it with the following recommendation as to STYLE
and FORM.
Section 2 of Senate Bill 127 twice refers to a Division of Forestry within the Department of
Agriculture. The Division of Forestry has not existed since a law change in 1995. The
responsibility for the functions described in Senate Bill 127 properly lies with the Department
of Agriculture, not with the Division.
Because the final engrossed and enrolled version comes to this office without line numbers, the
changes I recommend refer to the version of the Bill as passed by the Senate State Affairs
Committee. On page 2, line 8 of the bill delete Division of Forestry. On page 2, line 11 of the
bill delete Division of Forestry.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 73, 91, 165, 184,
188, 191 and 263 were delivered to his Excellency, the Governor, for his approval at 11:20 a.m.,
March 5, 1997.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Crisp,
Hassard, and Schaunaman 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 202.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 13, 15, 42, 44, 100, 102, 103, 112, 168, 178, 209,
245, 254, 259, 261, and 268 which have been amended by the House and your concurrence in
the amendments is respectfully requested.
I have the honor to inform your honorable body that the House has reappointed Reps. Roe,
Cutler, and Haley 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 194.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 198 which has passed the House without change.
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 1075 and 1158.
The Senate proceeded to the consideration of the recommendation of the Governor as to
change of style and form of SB 127 as found on page of the Journal, as provided in Article IV,
Section 4, of the Constitution of the State of South Dakota.
The question being "Shall the recommendation of the Governor as to change of style and
form of SB 127 be approved?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; 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; Thompson; Valandra; Vitter; Whiting
Excused were:
Dennert; Symens
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the recommendation of the Governor as to change of style and form
approved.
Sen. Halverson moved that the Senate do concur in the House amendments to SB 13.
The question being on Sen. Halverson's motion that the Senate do concur in the House
amendments to SB 13.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Thompson; Valandra; Vitter; Whiting
Nays were:
Hutmacher
Excused were:
Dennert; Symens
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. Whiting moved that the Senate do concur in the House amendments to SB 15.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 15.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; 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; Thompson; Valandra; Vitter; Whiting
Excused were:
Dennert; Symens
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.
Nays were:
Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg;
Olson; Reedy; Thompson; Valandra
Excused were:
Dennert; Symens
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. Whiting moved that the Senate do concur in the House amendments to SB 44.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 44.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Thompson; Valandra; Vitter; Whiting
Nays were:
Staggers
Excused were:
Dennert; Frederick; Symens
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. Whiting moved that the Senate do concur in the House amendments to SB 102.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 102.
And the roll being called:
Yeas 23, Nays 9, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Hainje; Halverson; Ham; Johnson (William); Kleven; Lawler; Munson (David); Paisley; Reedy;
Rounds; Shoener; Staggers; Valandra; Vitter; Whiting
Nays were:
Aker; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Morford-Burg; Olson; Thompson
Excused were:
Dennert; Frederick; Symens
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. Whiting moved that the Senate do concur in the House amendments to SB 103.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 103.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Thompson; 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.
Sen. Hutmacher moved that the Senate do concur in the House amendments to SB 112.
The question being on Sen. Hutmacher's motion that the Senate do concur in the House
amendments to SB 112.
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Daugaard; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick;
Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Munson
(David); Olson; Paisley; Reedy; Rounds; Shoener; Vitter; Whiting
Nays were:
Brown (Arnold); Drake; Kleven; Lawler; Morford-Burg; Staggers; Thompson; Valandra
Excused were:
Dennert; Symens
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. Rounds moved that the Senate do concur in the House amendments to SB 168.
The question being on Sen. Rounds' motion that the Senate do concur in the House
amendments to SB 168.
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek;
Lange; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Thompson; Vitter;
Whiting
Nays were:
Flowers; Hunhoff; Lawler; Morford-Burg; Valandra
Sen. Albers moved that the Senate do concur in the House amendments to SB 178.
The question being on Sen. Albers' motion that the Senate do concur in the House
amendments to SB 178.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; 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; Thompson; Vitter; Whiting
Excused were:
Dennert; 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. Aker moved that the Senate do concur in the House amendments to SB 209.
The question being on Sen. Aker's motion that the Senate do concur in the House
amendments to SB 209.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; 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:
Dennert
Sen. Everist moved that the Senate do concur in the House amendments to SB 245.
The question being on Sen. Everist's motion that the Senate do concur in the House
amendments to SB 245.
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.
Sen. Valandra moved that the consideration of House amendments to SB 254 be placed to
follow SB 268 on today's addendum to the Senate Calendar.
Which motion prevailed.
Sen. Halverson moved that the Senate do not concur in House amendments to SB 259 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.
Which motion prevailed and the President appointed as such committee Sens. Munson,
Halverson, and Valandra.
Sen. Everist moved that the Senate do not concur in House amendments to SB 261 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.
Which motion prevailed and the President appointed as such committee Sens. Everist,
Munson, and Lawler.
Sen. Whiting moved that the Senate do not concur in House amendments to SB 268 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. Valandra moved that the Senate do concur in the House amendments to SB 254.
The question being on Sen. Valandra's motion that the Senate do concur in the House
amendments to SB 254.
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; Drake; Dunn (Rebecca); Flowers;
Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange;
Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers; Symens;
Thompson; Valandra; Vitter; Whiting
Nays were:
Dunn (Jim); Everist; Frederick; Rounds
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. Aker moved that the report of the Conference Committee on HB 1150 as found on
page 797 of the Senate Journal be adopted.
Sen. Staggers moved that the Senate do not adopt the report of the Conference Committee
on HB 1150 and that no new committee be appointed.
Which motion lost.
Sen. Aker withdrew his motion to adopt the report of the Conference Committee on HB
1150.
Sen. Olson moved that the report of the Conference Committee on HB 1150 as found on
page 797 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that the report of the Conference Committee
on HB 1150 be adopted.
Nays were:
Aker; Brown (Arnold); Drake; Flowers; Staggers; Thompson; Vitter
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 the report was adopted.
Sen. Staggers announced his intention to reconsider the vote by which the report of the
Conference Committee on HB 1150 was adopted.
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 72 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 72 be amended as follows:
"
Section 4. This Act is effective June 25, 1997.
"
House Committee Senate Committee
The Conference Committee respectfully reports that it has considered SB 156 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 156 be amended as follows:
On page 1, line 9 of the House engrossed bill, delete "sections 2 and 3" and insert "section
2".
On page 2, delete lines 11 to 16, inclusive.
Respectfully submitted, Respectfully submitted,
KAY S. JORGENSEN FRED WHITING
ROBERT M. BENSON
RICHARD E. HAGEN PAUL SYMENS
House Committee Senate Committee
Sen. Rounds moved that the Senate do now recess until 5:30 p.m., which motion prevailed
and at 3:00 p.m., the Senate recessed.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared SB 43, 55, 108, 126 143, 154, 170, 171, 181, 198, 210,
215, 242, and 260 and finds the same correctly enrolled.
March 4, 1997
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 HB 1084 be amended as follows:
Respectfully submitted, Respectfully submitted,
ROBERT R. WEBER KERMIT STAGGERS
ROGER LEE CHARLES E. FLOWERS
House Committee Senate Committee
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1022, 1169, 1218, 1231, 1238, 1246, and HJR 1009.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1138 and has appointed Reps. Richard Brown, Hagg, and Gleason
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. Aker, Drake, and Flowers.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1276 and has appointed Reps. Gabriel, Duniphan, and Waltman 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. Rounds, Ham, and Symens.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1243 and has appointed Reps. Gabriel, Jorgensen, and Haley 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. Rounds, Everist, and Hunhoff.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1227 and has appointed Reps. Gabriel, Jorgensen, and Haley 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.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1222 and has appointed Reps. Gabriel, Jorgensen, and Haley 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. Rounds, Everist, and Hunhoff.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 72.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Hagg,
Fitzgerald, 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 268.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Hagg,
Diedrich, and Collier 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 261.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Hunt,
Brosz, and Volesky s 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 100.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Gabriel, Cutler, and Volesky 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 259.
I have the honor to inform your honorable body that the House has failed to adopt the
report of the Conference Committee on HB 1150 and has appointed Reps Wetz, Bill Peterson,
and Duxbury 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.
Sen. Frederick moved that the report of the Conference Committee on SB 72 as found on
page 808 of the Senate Journal be adopted.
Sen. Drake moved the previous question.
Which motion prevailed.
The question being on Sen. Frederick's motion that the report of the Conference Committee
on SB 72 be adopted.
And the roll being called:
Yeas 26, Nays 8, Excused 1, 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; Lawler; Morford-Burg;
Munson (David); Paisley; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Nays were:
Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Olson; Reedy
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 the report was adopted.
Sen. Whiting moved that the report of the Conference Committee on SB 156 as found on
page 809 of the Senate Journal be adopted.
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 the report was adopted.
Sen. Staggers moved that the report of the Conference Committee on HB 1084 as found
on page 783 of the Senate Journal be adopted.
The question being on Sen. Staggers' motion that the report of the Conference Committee
on HB 1084 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 the report was adopted.
Earlier today, Sen. Staggers announced his intention to reconsider the vote by which the
report of the Conference Committee on HB 1150 was adopted.
Sen. Staggers moved to reconsider the vote by which the report of the Conference
Committee on HB 1150 was adopted.
Nays were:
Albers; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Frederick; Hainje;
Halverson; Ham; Hunhoff; Hutmacher; Lange; Lawler; Morford-Burg; Munson (David); Olson;
Paisley; Reedy; Shoener
Excused were:
Valandra
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
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 SB 194 be amended as follows:
Sen. Everist moved that the report of the Conference Committee on SB 194 be adopted.
The question being on Sen. Everist's motion that the report of the Conference Committee
on SB 194 be adopted.
And the roll being called:
Nays were:
Flowers; Halverson; Olson; Staggers; Thompson; Vitter
Excused were:
Frederick
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 inform your honorable body that the House has adopted the reports of
the Conference Committees on SB 156 and HB 1084.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has changed the members
on the Conference Committee for SB 259 and appointed Reps. Gabriel, Cutler, and Haley.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has changed the members
on the Conference Committee on HB 1150 and appointed Reps. Wetz, Bill Peterson, and
Waltman.
The President publicly read the title to
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Thursday, March 6, the 38th legislative day.
Which motion prevailed.