The House convened at 10:00 a.m., pursuant to adjournment, Speaker Pro tempore Hunt
presiding.
The Irish Blessing was sung by page Betsey Wick.
The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by House page Johnathan Wayne Prins.
Roll Call: All members present.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1022, 1084, 1138,
1169, 1176, 1218, 1231, 1238, 1245, 1246, 1272, and 1276 were delivered to his Excellency,
the Governor, for his approval at 5:00 p.m., March 6, 1997.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on HB 1227.
The House proceeded to the reconsideration of HB 1084 pursuant to the veto of the
Governor and the veto message as found on page 938 of the House Journal, as provided in
Article IV, Section 4 of the Constitution of the State of South Dakota.
The question being "Shall HB 1084 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 27, Nays 38, Excused 1, Absent and Not Voting 4
Yeas were:
Apa; Cerny; Chicoine; Collier; Davis; Derby; Duxbury; Fischer-Clemens; Fitzgerald; Gleason;
Hagen; Haley; Kazmerzak; Lee; Lockner; Lucas; Madden; Matthews; Moore; Schaunaman;
Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber
Excused were:
Speaker Hagg
Absent and Not Voting were:
Barker; DeMersseman; Diedrich; Koetzle
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost, sustaining the Governor's veto.
The House proceeded to the reconsideration of HB 1138 pursuant to the veto of the
Governor and the veto message as found on page 941 of the House Journal, as provided in
Article IV, Section 4 of the Constitution of the State of South Dakota.
The question being "Shall HB 1138 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 13, Nays 54, Excused 0, Absent and Not Voting 3
Yeas were:
Apa; Barker; Cerny; Collier; Davis; Fiegen; Fitzgerald; Haley; Kazmerzak; Lockner; Lucas;
Van Gerpen; Volesky
Nays were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler;
de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens;
Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Kooistra; Koskan;
Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Absent and Not Voting were:
DeMersseman; Jorgensen; Koetzle
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost, sustaining the Governor's veto.
Rep. Weber moved that the rules be suspended for the sole purpose of introducing, giving
first reading to, dispensing with referral to committee of, and giving second reading and final
consideration to a bill establishing fifty-five miles per hour as the speed limit on township roads.
The question being on Rep. Weber's motion that the rules be suspended for the sole
purpose of introducing, giving first reading to, dispensing with referral to committee of, and
giving second reading and final consideration to a bill establishing fifty-five miles per hour as
the speed limit on township roads.
And the roll being called:
Yeas 57, Nays 13, Excused 0, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury;
Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Jorgensen;
Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Madden; Matthews; McNenny;
Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Speaker Hagg
Nays were:
Apa; DeMersseman; Eccarius; Fiegen; Hassard; Johnson (Doug); Koskan; Kredit; Monroe;
Moore; Napoli; Pederson (Gordon); Windhorst
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the rules were suspended.
Rep. Richard Brown moved that the rules be suspended for the sole purpose of introducing,
giving first reading to, dispensing with referral to committee of, and giving second reading and
final consideration to a bill providing for a graduated driver's licensing system.
The question being on Rep. Richard Brown's motion that the rules be suspended for the
sole purpose of introducing, giving first reading to, dispensing with referral to committee of,
and giving second reading and final consideration to a bill providing for a graduated driver's
licensing system.
And the roll being called:
Nays were:
Apa; Cerny; Duenwald; Gleason; Jaspers; Johnson (Doug); Koskan; Madden; Moore; Napoli;
Pederson (Gordon); Wetz; Windhorst
Absent and Not Voting were:
Gabriel
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the rules were suspended.
HB 1284
Introduced by:
Representatives Weber, Brown (Jarvis), Crisp, Diedrich, Fischer-
Clemens, Kazmerzak, Lee, Peterson (Bill), Rost, Schrempp, Smidt, Van Gerpen, and Waltman
and Senators Staggers, Aker, Drake, Flowers, Hutmacher, Lawler, and Reedy
FOR AN ACT ENTITLED, An Act
to establish fifty-five miles per hour as the speed limit
on township roads.
Was read the first time.
HB 1285
Introduced by:
Representatives Brown (Richard), Brooks, Brosz, Brown (Jarvis),
Cutler, Davis, Fiegen, Fitzgerald, Jorgensen, Kooistra, Matthews, Peterson (Bill), Richter, Roe,
Rost, and Wick and Senators Aker, Brown (Arnold), and Halverson
FOR AN ACT ENTITLED, An Act
to provide for a graduated driver's licensing system.
Was read the first time.
HB 1283
:
FOR AN ACT ENTITLED, An Act
to make an appropriation for certain higher
education grant programs.
Was read the second time.
" On page 11, line 24 of the enacted bill, delete the first $37,875,924 and
insert $ 38,181,057".
On page 1, line 7 of the enacted bill, delete $1,643 and insert $1,652.
On page 1, line 7, delete $19,713 and insert $19,821".
Delete pages 2 and 3.
Nays were:
Brown (Richard); Cerny; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Fiegen;
Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Kazmerzak; Koetzle; Koskan; Lee; Lockner;
Lucas; Madden; McNenny; Napoli; Pummel; Putnam; Richter; Sokolow; Wetz; Windhorst;
Speaker Hagg
Excused were:
Moore
Absent and Not Voting were:
Monroe
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and HB 1283 was so amended.
Rep. Brooks moved that HB 1283 and all amendments be laid on the table.
The question being on Rep. Brooks' motion that HB 1283 and all amendments be laid on
the table.
And the roll being called:
Nays were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Crisp; Cutler; Davis; de Hueck; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-
Clemens; Gleason; Hagen; Haley; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold;
Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Moore; Munson (Donald); Pederson
(Gordon); Peterson (Bill); Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow;
Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Rep. Hassard moved the previous question.
Which motion lost.
Rep. Fischer-Clemens moved the previous question.
Which motion prevailed.
The question now being on Rep. Lucas' motion that HB 1283 be further amended.
A roll call vote was requested and supported.
And the roll being called:
Yeas 38, Nays 32, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier;
Crisp; Davis; de Hueck; DeMersseman; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald;
Gabriel; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore;
Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wick
Nays were:
Brooks; Brosz; Cutler; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe;
Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe;
Van Gerpen; Wetz; Windhorst; Speaker Hagg
Nays were:
Brooks; DeMersseman; Derby; Diedrich; Duniphan; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt;
Jaspers; Koskan; Madden; McNenny; Monroe; Napoli; Pummel; Putnam; Richter; Wetz;
Windhorst; Speaker Hagg
Absent and Not Voting were:
Rost
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
Rep. Gabriel moved that the report of the Conference Committee on HB 1227 as found on
page 965 of the House Journal be adopted.
The question being on Rep. Gabriel's motion that the report of the Conference Committee
on HB 1227 be adopted.
And the roll being called:
Nays were:
Barker; Collier; Fiegen; Kazmerzak; Moore; Napoli; Sokolow; Windhorst
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report of the Conference Committee on HB 1227
was adopted.
The House proceeded to the reconsideration of HB 1233 pursuant to the veto of the
Governor and the veto message as found on page 951 of the House Journal, as provided in
Article IV, Section 4 of the Constitution of the State of South Dakota.
Rep. Brooks moved the previous question.
Which motion prevailed.
The question being "Shall HB 1233 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 44, Nays 26, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Cerny; Collier; Davis; DeMersseman;
Duenwald; Duxbury; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner;
Lucas; Monroe; Moore; Pederson (Gordon); Peterson (Bill); Putnam; Schaunaman; Schrempp;
Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz
Nays were:
Brooks; Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duniphan;
Eccarius; Fiegen; Fitzgerald; Hassard; Hunt; Madden; Matthews; McNenny; Munson (Donald);
Napoli; Pummel; Richter; Roe; Rost; Wick; Windhorst; Speaker Hagg
Rep. Putnam announced his intention to reconsider the vote by which HB 1233 was lost.
Rep. Cutler moved that the House do now recess until 2:30 p.m., which motion prevailed
and at 1:44 p.m., the House recessed.
The House reconvened at 2:30 p.m., Speaker Pro tempore Hunt presiding.
HB 1285
:
FOR AN ACT ENTITLED, An Act
to provide for a graduated driver's licensing
system.
Was read the second time.
Rep. Richter moved that Rep. Moore's motion to amend HB 1285 be laid on the table.
Which motion prevailed and Rep. Moore's motion to amend HB 1285 was laid on the table.
The question being "Shall HB 1285 pass?"
And the roll being called:
Nays were:
Barker; Cerny; Collier; Davis; Diedrich; Duenwald; Duniphan; Duxbury; Gleason; Hagen;
Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Koskan; Kredit; Lockner; Madden; McNenny;
Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Schaunaman; Schrempp;
Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Windhorst
Excused were:
Gabriel; Haley; Jorgensen; Lee; Volesky
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Richard Brown announced his intention to reconsider the vote by which HB 1285 was
lost.
Rep. Cutler moved that the House do now recess until 3:45 p.m., which motion prevailed
and at 3:20 p.m., the House recessed.
The House reconvened at 3:45 p.m., Speaker Pro tempore Hunt presiding.
MR. SPEAKER:
I have the honor to transmit herewith SB 271 and 272 which have passed the Senate and
your favorable consideration is respectfully requested.
HB 1282
:
FOR AN ACT ENTITLED, An Act
to limit annual property assessment
increases.
Was read the second time.
"
Section 1. The Executive Board of the Legislative Research Council shall appoint an
interim study committee to review the process on assessment of real property for tax purposes
and recommend to the Legislature solutions to the rapidly inflating values of real property
across the state that unreasonably affect individual property owners that have not sold,
improved, or changed the use of their property. The committee shall report its findings to the
1998 Legislature.
"
"
Section 2. Notwithstanding any other provision of law to the contrary, the total amount of
property tax dollars levied on any property for school, county, municipal, civil township, or
other taxing district purposes which is assessed in 1997, and payable in 1998 shall not exceed,
but may be less than, the total amount of property tax dollars on such property for those
purposes levied in 1996 and payable in 1997. Budgets of those units of local government shall
be frozen for the same time period.
"
A roll call vote was requested and supported.
And the roll being called:
Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan;
Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Hunt; Jaspers; Johnson (Doug); Jorgensen;
Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Matthews; McNenny;
Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost;
Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber;
Wetz; Wick
Excused were:
Cutler; Gabriel; Haley
Absent and Not Voting were:
Duxbury; Lucas
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question now being on Rep. Van Gerpen's motion that HB 1282 be amended.
Which motion prevailed and HB 1282 was so amended.
The question being "Shall HB 1282 pass as amended?"
And the roll being called:
Yeas 55, Nays 10, Excused 5, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp;
Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fischer-
Clemens; Fitzgerald; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle;
Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe;
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp;
Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Barker; Cerny; Collier; Fiegen; Gleason; Kazmerzak; Moore; Munson (Donald); Schaunaman;
Volesky
The question being on the title.
Rep. Hagg moved that the title to HB 1282 be amended as follows:
HB 1284
:
FOR AN ACT ENTITLED, An Act
to establish fifty-five miles per hour as the
speed limit on township roads.
Was read the second time.
Rep. Broderick moved the previous question.
Which motion prevailed.
The question being "Shall HB 1284 pass?"
And the roll being called:
Yeas 41, Nays 24, Excused 4, Absent and Not Voting 1
Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Fitzgerald;
Gleason; Hagen; Jaspers; Jorgensen; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Madden;
Matthews; Moore; Peterson (Bill); Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van
Gerpen; Volesky; Waltman; Weber
Nays were:
Belatti; DeMersseman; Duenwald; Duniphan; Eccarius; Fiegen; Hassard; Hunt; Johnson
(Doug); Konold; Koskan; Kredit; McNenny; Monroe; Munson (Donald); Napoli; Pederson
(Gordon); Pummel; Putnam; Richter; Roe; Wetz; Wick; Windhorst
Excused were:
Cutler; Gabriel; Haley; Lucas
MR. SPEAKER:
I have the honor to inform your honorable body that HB 1283 was lost on second reading
and final passage.
Rep. DeMersseman moved that the House do now recess until 7:00 p.m., which motion
prevailed and at 4:55 p.m., the House recessed.
The House reconvened at 7:00 p.m., Speaker Pro tempore Hunt presiding.
Rep. Cutler moved that the rules be suspended for the sole purpose of giving first reading
to, dispensing with referral to committee of, and giving second reading and final consideration
to SB 271.
The question being on Rep. Cutler's motion that the rules be suspended for the sole purpose
of giving first reading to, dispensing with referral to committee of, and giving second reading
and final consideration to SB 271.
And the roll being called:
Nays were:
Apa; Eccarius; Fiegen; Hagen; Koetzle; Speaker Hagg
Absent and Not Voting were:
Barker; Van Gerpen
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the rules were suspended.
Rep. Crisp moved that the rules be suspended for the sole purpose of giving first reading
to, dispensing with referral to committee of, and giving second reading and final consideration
to SB 272.
The question being on Rep. Crisp's motion that the rules be suspended for the sole purpose
of giving first reading to, dispensing with referral to committee of, and giving second reading
and final consideration to SB 272.
And the roll being called:
Yeas 58, Nays 11, Excused 0, Absent and Not Voting 1
Yeas were:
Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler;
Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen;
Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden;
Matthews; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Roe; Rost;
Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Nays were:
Apa; Barker; Brown (Jarvis); Eccarius; Hagen; Koetzle; McNenny; Monroe; Napoli; Pederson
(Gordon); Richter
Absent and Not Voting were:
Van Gerpen
SB 271
:
FOR AN ACT ENTITLED, An Act
to revise the purposes for which rural electric
cooperatives may be organized.
Was read the first time.
SB 272
:
FOR AN ACT ENTITLED, An Act
to regulate certain agricultural contracts.
Was read the first time.
SB 271
:
FOR AN ACT ENTITLED, An Act
to revise the purposes for which rural electric
cooperatives may be organized.
Was read the second time.
The question being "Shall SB 271 pass?"
And the roll being called:
Yeas 60, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan;
Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner;
Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson
(Gordon); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry;
Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst
Nays were:
Barker; Derby; Eccarius; Fiegen; Hagen; Hunt; Peterson (Bill); Rost; Wick; Speaker Hagg
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
"
Section 5. 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, and operations standards 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.
"
Rep. Barker moved the previous question.
A roll call vote was requested and supported.
The question being on Rep. Barker's motion that the previous question be called.
And the roll being called:
Yeas 58, Nays 9, Excused 0, Absent and Not Voting 3
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan;
Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas;
Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Roe;
Rost; Schaunaman; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst;
Speaker Hagg
Nays were:
Duenwald; Gabriel; Hassard; Koskan; Matthews; Richter; Schrempp; Smidt; Waltman
Absent and Not Voting were:
Duxbury; Pederson (Gordon); Putnam
The question now being on Rep. Lee's motion that SB 272 be amended.
A roll call vote was requested and supported.
And the roll being called:
Yeas 26, Nays 42, Excused 0, Absent and Not Voting 2
Yeas were:
Apa; Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Fischer-Clemens;
Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kredit; Lee; Lockner; Lucas; Moore;
Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber
Nays were:
Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cutler; de Hueck; DeMersseman; Derby;
Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Madden; Matthews; McNenny;
Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe;
Rost; Smidt; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg
Absent and Not Voting were:
Duxbury; Putnam
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. DeMersseman moved the previous question.
Which motion prevailed.
The question being "Shall SB 272 pass?"
And the roll being called:
Yeas 45, Nays 24, Excused 1, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Brooks; Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck;
DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald;
Gleason; Hagen; Haley; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Koskan; Kredit; Lee;
Lockner; Lucas; Munson (Donald); Peterson (Bill); Roe; Rost; Schaunaman; Schrempp; Smidt;
Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst
Excused were:
Putnam
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Cutler moved that the House do now recess until 9:15 p.m., which motion prevailed
and at 8:30 p.m., the House recessed.
The House reconvened at 9:15 p.m., Speaker Pro tempore Hunt presiding.
Rep. Richard Brown moved to reconsider the vote by which HB 1285 was lost.
The question being on Rep. Richard Brown's motion to reconsider the vote by which HB
1285 lost.
And the roll being called:
Yeas 37, Nays 30, Excused 1, Absent and Not Voting 2
Yeas were:
Belatti; Broderick; Brooks; Brosz; Brown (Richard); Crisp; Cutler; de Hueck; DeMersseman;
Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jorgensen;
Konold; Kooistra; Kredit; Lucas; Matthews; Monroe; Munson (Donald); Peterson (Bill);
Pummel; Richter; Roe; Rost; Smidt; Van Gerpen; Volesky; Weber; Wick; Speaker Hagg
Nays were:
Apa; Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Davis; Diedrich; Duenwald; Fischer-
Clemens; Gleason; Hagen; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Koskan; Lee;
Lockner; Madden; McNenny; Moore; Napoli; Pederson (Gordon); Schaunaman; Schrempp;
Sokolow; Sperry; Waltman; Windhorst
Excused were:
Putnam
Absent and Not Voting were:
Haley; Wetz
HB 1285
:
FOR AN ACT ENTITLED, An Act
to provide for a graduated driver's licensing
system.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall HB 1285 pass?"
And the roll being called:
Yeas 33, Nays 35, Excused 0, Absent and Not Voting 2
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cutler; de Hueck; DeMersseman;
Derby; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jorgensen; Konold; Kooistra;
Lucas; Matthews; Monroe; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe;
Rost; Smidt; Volesky; Wick; Speaker Hagg
Nays were:
Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Diedrich; Duenwald; Duniphan;
Duxbury; Fischer-Clemens; Gleason; Hagen; Jaspers; Johnson (Doug); Kazmerzak; Koetzle;
Koskan; Kredit; Lee; Lockner; Madden; McNenny; Moore; Napoli; Pederson (Gordon);
Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Windhorst
Absent and Not Voting were:
Haley; Wetz
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Earlier today, Rep. Putnam announced his intention to reconsider the veto vote by which
HB 1233 was lost.
No member moved to reconsider the veto vote by which HB 1233 was lost.
I have the honor to inform your honorable body that HB 1282 was lost on second reading and final passage.
I have the honor to return herewith HB 1284 which has passed the Senate without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has sustained the veto of
the Governor on HB 1167. We return herewith the enrolled copy of the bill.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on HB 1222.
MR. SPEAKER:
Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors and is ready to adjourn sine die and to
ascertain if he has any further communications to make to the Legislature, respectfully reports
that it has performed the duty assigned to it and has been informed by his Excellency, the
Governor, that he will not appear for the closing of the Seventy-second Legislative Session.
Respectfully submitted, Respectfully submitted,
LARRY E. GABRIEL JIM DUNN
STEVE CUTLER M. MICHAEL ROUNDS
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Rep. Gabriel moved that the Joint-Select Committee Report relative to informing the
Governor that the Legislature has completed its labors and is ready to ascertain if he has a
further communication to make to the Legislature be adopted.
Which motion prevailed and the Joint-Select Committee Report was adopted.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Seventy-second Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 11:59 p.m., March 26, 1997.
Respectfully submitted, Respectfully submitted,
REX HAGG JIM DUNN
LARRY E. GABRIEL M. MICHAEL ROUNDS
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Rep. Gabriel moved that the Joint-Select Committee Report relative to fixing the time to
adjourn sine die be adopted.
Which motion prevailed and the Joint-Select Committee Report was adopted.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee for the purpose of waiting upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to
ascertain if he has any communications to make to the Legislature.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to fixing the time of adjournment sine die for the Seventy-
second Legislative Session.
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared HB 1227 and 1284 and finds the same correctly enrolled.
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 HB
1055, 1163, 1218, and 1246 approved the recommendation and that the Chief of Enrolling and
Engrossing has engrossed the changes and has returned the same to his Excellency, the
Governor, at 11:35 p.m., March 26, 1997.
The following closing prayer was offered by Pastor Roger Easland:
Just and merciful God: We turn to You in humble prayer on behalf of the men and women
who make our laws and for those whose responsibility it is to enforce them. Favor with good
health and sound judgment Governor Bill Janklow, the members of the Legislature and all staff.
Pour out all the ability to find unity in the face of diversity and competing ideas of justice both
social and economic. Bless all with good will and courage as they seek to find Your will and
act on it in all life. Thank you, merciful Father, for offering us the way to peace that the weak
might become strong, the strong just and the just compassionate. In the name of the Christ.
Amen.
Rep. Gordon Pederson moved that the House do now adjourn sine die, which motion
prevailed, and at 11:59 p.m. the House adjourned.