The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of
Allegiance led by Senate page Michelle Balfe.
Roll Call: All members present.
On page 141, line 7, delete "Taxation" and insert "State Affairs."
All other errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Senate proceeded to the consideration of the executive appointment of Michael
Demery of Faulk County, Faulkton, South Dakota, to the South Dakota Crime Victims'
Compensation Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Michael Demery pursuant to the executive message as found on page 12 of the Senate Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Frederick
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Dorothy J.
Howe of Hughes County, Pierre, South Dakota, to the South Dakota Crime Victims'
Compensation Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Dorothy J. Howe pursuant to the executive message as found on page 7 of the Senate Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Frederick
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SB 72 and 76 and returns the same with the recommendation that said bills
do pass and be placed on the Consent Calendar.
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SB 77 which was deferred to the 36th legislative day.
The Committee on Commerce respectfully reports that it has had under consideration SB
110 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce respectfully reports that it has had under consideration SB
109 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Transportation respectfully reports that it has had under consideration
SB 81 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
Sen. Aker moved that SB 146 be referred from the Committee on State Affairs to the
Committee on Taxation.
Which motion prevailed and the bill was so referred.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1004, 1005, 1006, 1007, 1028, 1031, 1044, 1069,
1074, and 1077 which have passed the House and your favorable consideration is respectfully
requested.
SB 171
Introduced by:
Senators Dunn (Jim), Olson, and Shoener and Representatives
Haley and Putnam
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the design of
motor vehicle license plates.
Was read the first time and referred to the Committee on Transportation.
SB 172
Introduced by:
Senators Frederick, Drake, Ham, and Johnson (William) and
Representatives Duxbury, Crisp, Diedrich, Lee, and Weber
FOR AN ACT ENTITLED, An Act
to establish a sheep checkoff program.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 174
Introduced by:
Senators Benson, Dennert, Drake, Symens, and Vitter and
Representatives Wick, Brooks, Hagen, Kooistra, Lee, Pederson (Gordon), Schaunaman,
Schrempp, and Smidt
FOR AN ACT ENTITLED, An Act
to provide certain education benefits to certain
members of reserve units of the United States Armed Forces.
Was read the first time and referred to the Committee on State Affairs.
SB 175
Introduced by:
Senators Hainje, Daugaard, Everist, Lawler, Shoener, and Vitter
and Representatives Duniphan, Fiegen, Koskan, and Richter
FOR AN ACT ENTITLED, An Act
to allow a multifamily housing owner, operator, or
leasing agent to verify certain criminal conviction information on a lease application.
Was read the first time and referred to the Committee on Judiciary.
SB 176
Introduced by:
Senators Valandra and Kleven and Representatives Gleason, Hagen,
and Lucas
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the exercise of
eminent domain by railroads.
Was read the first time and referred to the Committee on Judiciary.
SB 177
Introduced by:
Senators Aker, Dunn (Rebecca), Frederick, Hainje, Halverson,
Hunhoff, Hutmacher, Johnson (William), Lawler, Reedy, and Vitter and Representatives Hunt,
Apa, Brooks, Duenwald, Fitzgerald, Gabriel, Hagg, Hassard, Koskan, Madden, McNenny,
Smidt, and Van Gerpen
FOR AN ACT ENTITLED, An Act
to revise and clarify certain provisions concerning the
regulation of pornography and obscenity.
Was read the first time and referred to the Committee on Local Government.
SB 179
Introduced by:
Senators Everist and Whiting
FOR AN ACT ENTITLED, An Act
to define those persons qualified to sign petitions for
initiation or referendum of legislation.
Was read the first time and referred to the Committee on State Affairs.
SB 180
Introduced by:
Senators Johnson (William), Flowers, Halverson, Lange, and
Munson (David) and Representatives Wetz, Belatti, Diedrich, Volesky, and Waltman
FOR AN ACT ENTITLED, An Act
to revise the formula for assigning assessed railroad
valuation to counties.
Was read the first time and referred to the Committee on Local Government.
SB 181
Introduced by:
Senator Johnson (William) and Representative Munson (Donald)
FOR AN ACT ENTITLED, An Act
to revise the state auditor's authority to allow the
restoration of a fund from which a loan is made.
Was read the first time and referred to the Committee on Commerce.
SB 182
Introduced by:
Senators Munson (David), Olson, and Shoener and Representatives
Hagg, Belatti, Chicoine, Hunt, and Wick
FOR AN ACT ENTITLED, An Act
to permit the issuance of revenue bonds by the South
Dakota Health and Educational Facilities Authority to finance primary, secondary, and
postsecondary schools.
Was read the first time and referred to the Committee on Education.
SB 183
Introduced by:
Senators Munson (David), Olson, and Shoener and Representatives
Hagg, Belatti, Chicoine, Hunt, and Wick
SB 64
:
FOR AN ACT ENTITLED, An Act
to revise the definition of real estate broker.
Was read the second time.
The question being "Shall SB 64 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 5
:
FOR AN ACT ENTITLED, An Act
to provide a procedure to withdraw an initiative
or referendum from the ballot.
Having had its second reading was up for consideration and final passage.
"
Section
1.
That
§
2-1-2.2
be repealed.
2-1-2.2.
A petition of the voters proposing an amendment to the Constitution may be
withdrawn within the meaning of section 3 of article XXIII of the Constitution not later than one
hundred twenty days prior to the next general election, if not less than two-thirds of the named
sponsors file with the secretary of state, in writing, their request for withdrawal of the question
from the ballot. The secretary of state shall attach to the petitions on file the request for
withdrawal and shall take no other action thereon.
"
The question being "Shall SB 5 pass as amended?"
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn
(Rebecca); Flowers; Frederick; Ham; Johnson (William); Kleven; Lawler; Morford; Munson
(David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Drake; Everist; Hainje; Halverson; Hunhoff; Hutmacher; Kloucek; Lange
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
Sen. Rounds moved that the title to SB 5 be amended as follows:
The President
introduced The Honorable Tim Johnson, United States Senator from South
Dakota, who spoke briefly.
Sen. Rounds moved that SB 43 be deferred until Friday, January 23, the 9th legislative day.
Which motion prevailed and the bill was so deferred.
SB 17
:
FOR AN ACT ENTITLED, An Act
to provide for a procedure for transferring
certain funds from the pooled income account of the investment council to the permanent school
fund.
Was read the second time.
The question being "Shall SB 17 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Everist
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.
Sen. Rounds moved that SB 30, 56, 67 and 75 be deferred until Friday, January 23, the 9th
legislative day.
Which motion prevailed and the bills were so deferred.
HB 1004
:
FOR AN ACT ENTITLED, An Act
to revise the requirements for declaration
of candidacy.
Was read the first time and referred to the Committee on Local Government.
HB 1005
:
FOR AN ACT ENTITLED, An Act
to revise the requirements for the ballot
stamp.
Was read the first time and referred to the Committee on Local Government.
HB 1006
:
FOR AN ACT ENTITLED, An Act
to require an additional mailing before a
voter may be purged from the registration list.
Was read the first time and referred to the Committee on Local Government.
HB 1007
:
FOR AN ACT ENTITLED, An Act
to revise the requirements concerning a
candidate's support of congressional term limits and to provide the board of elections with rule-
making authority for implementing the voter's instructions on term limits.
Was read the first time and referred to the Committee on Local Government.
HB 1028
:
FOR AN ACT ENTITLED, An Act
to provide that any person who has lost
hunting, fishing, or trapping privileges in another jurisdiction may not exercise that same
privilege in South Dakota while under revocation.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1031
:
FOR AN ACT ENTITLED, An Act
to exclude hours paid to patient employees
under the control of the Department of Military and Veterans Affairs from the definition of full-
time equivalent.
Was read the first time and referred to the Committee on Appropriations.
HB 1044
:
FOR AN ACT ENTITLED, An Act
to define certain bank dividends.
Was read the first time and referred to the Committee on Commerce.
HB 1074
:
FOR AN ACT ENTITLED, An Act
to revise the date by which a rural fire
protection district must certify an estimated tax levy request to a county auditor.
Was read the first time and referred to the Committee on Taxation.
HB 1077
:
FOR AN ACT ENTITLED, An Act
to increase the fees the sheriff is allowed
for collecting taxes.
Was read the first time and referred to the Committee on Local Government.
Sen. Rounds moved that the Senate do now recess until after the Joint Memorial Service,
which motion prevailed and at 3:00 p.m., the Senate recessed.
Pursuant to the report of the Joint-Select Committee as found on page 42 of the Senate
Journal, the Senate and House of Representatives met in informal joint session in the House
Chamber for the purpose of having a memorial service for deceased former members and
reading the following Joint Memorial Resolution:
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of seven former members of the South Dakota Legislature, namely: the Honorable Lloyd
Blomstrom, the Honorable Harvey M. Christensen, the Honorable William Charles "Charlie"
Lacey, the Honorable Eugene R. Mahan, the Honorable Dorothy Nepstad, the Honorable
Marvin Skie, and the Honorable Paul S. Tschetter; and
WHEREAS, in the lives of all these eminent public servants there was noted a profound
urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can
self-government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-third Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest
principles of American citizenship by these honorable people, that the Senate and the House of
Representatives do now pause in their labors out of respect for the memory of their late fellow
associates in the functions of government, and note that in their passing, the state they have
served so well has suffered a distinct loss, and though their labors have ceased and they have
been laid to rest, the people of this great state have benefited greatly from the services rendered
by them and they have left upon the sands of time an inspiring record of devotion to their fellow
citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the
Senate and the House of Representatives of the Seventy-third Session of the Legislature of the
State of South Dakota, now assembled this 22nd day of January, 1998, at Pierre, South Dakota.
The Joint Session was dissolved.
The Senate reconvened at 3:30 p.m., President Hillard presiding.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 23, the 9th legislative day.
Which motion prevailed.
Sen. Olson moved that the Senate do now adjourn, which motion prevailed, and at 3:37
p.m. the Senate adjourned.