The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of
Allegiance led by Senate page Anna Lakness.
Roll Call: All members present.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 66, 117, 137 and finds the same correctly enrolled.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 44, 45, 46, 47, 48,
49, 50, 51, and 58 were delivered to his Excellency, the Governor, for his approval at 10:55
a.m., February 13, 1998.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1174 and 1212 and returns the same with the recommendation that said bills do pass.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1089 and 1267 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1004 and returns the same with the recommendation that said resolution be concurred in.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1090 which was deferred to the 36th legislative day.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the Nomination of Dr. Jerome K. Howe, Davison County, Mitchell, South Dakota, to the South
Dakota Crime Victims' Compensation Board and returns the same with the recommendation that
the Senate advise and consent to the confirmation of said appointment.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Marilyn Hoyt, Beadle County, Huron, South Dakota, to the South Dakota Board
of Education and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said appointment.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Harry V. Peterson, Pennington County, Rapid City, South Dakota, to the Career
Service Commission and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
The Committee on Taxation respectfully reports that it has had under consideration HB
1284 and 1292 and returns the same with the recommendation that said bills do pass.
The Committee on Taxation respectfully reports that it has had under consideration HB
1069 and 1233 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1285 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1122 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1093 and 1286 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1026 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1059.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 66, 117, and 137 which have passed the House
without change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1019, 1022, 1023, 1133, 1134, 1151, 1175, 1186,
1238, 1262, 1314, 1315, and 1328 which have passed the House and your favorable
consideration is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1013 and 1014 which has been adopted by the
House and your concurrence is respectfully requested.
HCR 1013:
A CONCURRENT RESOLUTION,
Supporting the use of soybean-based
diesel fuel in state vehicles.
Was read the first time and referred to the Committee on Transportation.
HB 1101:
FOR AN ACT ENTITLED, An Act
to establish certain prima facie evidence that
an account holder executed a check.
Was read the second time.
The question being "Shall HB 1101 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.
Was read the second time.
The question being "Shall HB 1112 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.
HB 1126:
FOR AN ACT ENTITLED, An Act
to exempt employer plans with one
employee from small business group health insurance regulations.
Was read the second time.
The question being "Shall HB 1126 pass?"
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.
HB 1166:
FOR AN ACT ENTITLED, An Act
to revise the prohibition against certain
alcoholic beverage manufacturers engaging in retail business.
Was read the second time.
The question being "Shall HB 1166 pass?"
HB 1249:
FOR AN ACT ENTITLED, An Act
revise certain provisions regarding credit
life and credit health insurance.
Was read the second time.
The question being "Shall HB 1249 pass?"
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.
HB 1277:
FOR AN ACT ENTITLED, An Act
to mandate control of weeds and pests on
property owned or managed by state government agencies.
Was read the second time.
The question being "Shall HB 1277 pass as amended?"
And the roll being called:
HCR 1008:
A CONCURRENT RESOLUTION,
Requesting the United States Fish and
Wildlife Service to postpone indefinitely the placement of the Topeka Shiner (Notropis topeka)
on the Endangered Species List.
Was read the second time.
The question being "Shall HCR 1008 as found on page 220 of the House Journal and
amended on page 294 of the House Journal be concurred in?"
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 resolution having received an affirmative vote of a majority of the members-elect,
the President declared HCR 1008 concurred in.
HCR 1010:
A CONCURRENT RESOLUTION,
Urging the United States Secretary of
Agriculture to take steps to save America's family farms.
Was read the second time.
The question being "Shall HCR 1010 as found on page 222 of the House Journal be
concurred in?"
And the roll being called:
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared HCR 1010 concurred in.
HB 1019:
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to expend
higher educational facilities funds to lease certain educational facilities.
Was read the first time and referred to the Committee on Appropriations.
HB 1022:
FOR AN ACT ENTITLED, An Act
to authorize the South Dakota Building
Authority to contract for the construction of a multiple use center to provide academic and
recreational facilities for Dakota State University and facilities for community activities for the
city of Madison and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
HB 1023:
FOR AN ACT ENTITLED, An Act
to authorize the South Dakota Building
Authority to contract for the renovation of engineering and technology facilities at the South
Dakota School for Mines and Technology and for construction of an addition to an engineering
and technology facility at South Dakota State University and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
HB 1133:
FOR AN ACT ENTITLED, An Act
to clarify provisions relating to teacher
contracts.
Was read the first time and referred to the Committee on Education.
HB 1134:
FOR AN ACT ENTITLED, An Act
to maintain the state's share of funding to
special education.
Was read the first time and referred to the Committee on Education.
HB 1175:
FOR AN ACT ENTITLED, An Act
to provide for the reasonable compensation
for warranty services performed by dealers selling certain equipment.
Was read the first time and referred to the Committee on Transportation.
HB 1186:
FOR AN ACT ENTITLED, An Act
to require the transfer of certain money into
the property tax reduction fund.
Was read the first time and referred to the Committee on Appropriations.
HB 1238:
FOR AN ACT ENTITLED, An Act
to establish a telecommunications gross
receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross
receipts taxes paid by certain telecommunications companies.
Was read the first time and referred to the Committee on Taxation.
HB 1262:
FOR AN ACT ENTITLED, An Act
to require health insurance coverage for
mental illness.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1314:
FOR AN ACT ENTITLED, An Act
to provide consumer protection for members
of managed care plans.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1315:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
comparative negligence.
Was read the first time and referred to the Committee on State Affairs.
HB 1328:
FOR AN ACT ENTITLED, An Act
to increase the bonding authority for
postsecondary technical institutes and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1050:
FOR AN ACT ENTITLED, An Act
to revise certain provisions pertaining to the
taxation of telecommunications property.
Was read the second time.
The question being "Shall HB 1050 pass?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent and Not Voting 0
Yeas were:
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; Symens; Valandra; Vitter; Whiting
Nays were:
Aker; 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 1070:
FOR AN ACT ENTITLED, An Act
to permit the sale of certain alcoholic
beverages on Memorial Day.
Having had its second reading was up for consideration and final passage.
Sen. Olson moved that HB 1070 and Sen. Shoener's pending motion to amend be laid on
the table.
The question being on Sen. Olson's motion that HB 1070 and Sen. Shoener's pending
motion to amend be laid on the table.
Nays were:
Munson (David); Shoener; Staggers; Vitter
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1070 and the pending motion to amend were laid
on the table.
HB 1067:
FOR AN ACT ENTITLED, An Act
to clarify that certain communications
between school psychologists and students are privileged.
Was read the second time.
Sen. Hutmacher moved that HB 1067 be deferred until Tuesday, February 17, the 26th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1108:
FOR AN ACT ENTITLED, An Act
to revise the supervision requirements of
certified registered nurse anesthetists by physicians.
Was read the second time.
"
Section 2. That chapter 36-9 be amended by adding thereto a NEW SECTION to read as
follows:
anesthetist performs duties and functions under the supervision of a physician licensed pursuant
to chapter 36-4 who is an anesthesiologist.
Section 3. That chapter 36-9 be amended by adding thereto a NEW SECTION to read as
follows:
Sen. Aker moved that Sen. Whiting's motion to amend HB 1108 be laid on the table.
Sen. Albers requested a roll call vote.
Which request was supported.
The question being on Sen. Aker's motion that Sen. Whiting's motion to amend HB 1108
be laid on the table.
And the roll being called:
Yeas 22, Nays 13, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Flowers; Halverson; Hunhoff;
Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Paisley; Reedy;
Rounds; Staggers; Symens; Valandra
Nays were:
Albers; Brosz; Brown (Arnold); Dunn (Rebecca); Everist; Frederick; Hainje; Ham; Munson
(David); Olson; Shoener; Vitter; Whiting
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and Sen. Whiting's motion to amend HB 1108 was laid
on the table.
Sen. Brosz moved the previous question.
The question now being "Shall HB 1108 pass?"
And the roll being called:
Yeas 20, Nays 15, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Brown (Arnold); Dennert; Drake; Dunn (Jim); Flowers; Halverson; Hunhoff; Hutmacher;
Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Reedy; Rounds; Staggers;
Symens; Valandra
Nays were:
Albers; Benson; Brosz; Daugaard; Dunn (Rebecca); Everist; Frederick; Hainje; Ham; Munson
(David); Olson; Paisley; Shoener; 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 1120:
FOR AN ACT ENTITLED, An Act
to provide for a graduated licensing system.
Was read the second time.
The question being "Shall HB 1120 pass as amended?"
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Everist;
Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler;
Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Whiting
Nays were:
Benson; Dennert; Drake; Frederick; Johnson (William); Morford; Valandra; Vitter
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 1155:
FOR AN ACT ENTITLED, An Act
to exempt certain purchases and leases of
communications and computer technologies and equipment from bidding requirements.
Was read the second time.
Excused were:
Daugaard
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 1232:
FOR AN ACT ENTITLED, An Act
to provide for confidentiality for trade
secrets or commercial or financial information provided to municipalities.
Was read the second time.
The question being "Shall HB 1232 pass?"
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William);
Kleven; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Symens; Vitter;
Whiting
Nays were:
Flowers; Kloucek; Morford; Shoener; Staggers
Excused were:
Hunhoff; 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 1102: FOR AN ACT ENTITLED, An Act to allow any person who is not the head of a family to claim an exemption in certain bankruptcy proceedings.
Sen. Kloucek moved that HB 1102 be deferred to Saturday, February 14, the 25th
legislative day.
Sen. Klouck withdrew his motion that HB 1102 be deferred.
The question being "Shall HB 1102 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); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Excused were:
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 1131:
FOR AN ACT ENTITLED, An Act
to exempt locksmiths and locksmith shops
from the contractor's excise tax and to make them subject to sales and use tax.
Was read the second time.
The question being "Shall HB 1131 pass as amended?"
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; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Excused were:
Valandra
HB 1235:
FOR AN ACT ENTITLED, An Act
to clarify when rural electric cooperative
members may vote by mail.
Was read the second time.
The question being "Shall HB 1235 pass as amended?"
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; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Excused were:
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 1088:
FOR AN ACT ENTITLED, An Act
to increase the checkoff on sunflowers,
safflowers, and canola.
Was read the second time.
The question being "Shall HB 1088 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Symens; Vitter; Whiting
Nays were:
Flowers; Kloucek; Staggers
HB 1248:
FOR AN ACT ENTITLED, An Act
to authorize off-sale alcoholic beverage
licensees to provide free samples of malt beverages and distilled spirits.
Was read the second time.
Sen. Munson (David) moved that HB 1248 be deferred until Tuesday, February 17, the
twenty-sixth legislative day.
Which motion prevailed and the bill was so deferred.
HJR 1002:
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next
general election an amendment to Article IV, section 2 of the Constitution of the State of South
Dakota, relating to the age qualifications for Governor and lieutenant governor.
Was read the second time.
Sen. Hutmacher requested a roll call vote.
Which request was supported.
The question being on Sen. Hunhoff's motion that HJR 1002 be amended.
And the roll being called:
Nays were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca);
Everist; Frederick; Hainje; Halverson; Ham; Kleven; Munson (David); Paisley; Rounds;
Shoener; Vitter; Whiting
Excused were:
Johnson (William); Valandra
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Sen. Frederick moved the previous question.
Which motion prevailed.
The question now being "Shall HJR 1002 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, 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); Kloucek; Lange; Lawler; Morford; Munson (David); Paisley; Reedy; Rounds;
Shoener; Staggers; Vitter; Whiting
Nays were:
Kleven; Olson; Symens
Excused were:
Valandra
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Saturday, February 14, the 25th legislative day.
The President publicly read the title to
SB 66:
FOR AN ACT ENTITLED, An Act
to increase the number of days a notice of
intent to revoke a driver's license may function as a temporary driver's license following an
arrest involving a refusal to submit to chemical analysis.
SB 117:
FOR AN ACT ENTITLED, An Act
to prevent the inclusion of certain conditions
in motor vehicle franchise agreements.
SB 137:
FOR AN ACT ENTITLED, An Act
to provide for an emergency vehicle dealer's
license and to declare an emergency.
HB 1020:
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to
construct a softball complex at the University of South Dakota and to make an appropriation
therefor.
HB 1021:
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to
purchase a tract of land in Vermillion, Clay County, and to make an appropriation.
HB 1080:
FOR AN ACT ENTITLED, An Act
to revise the criteria and income limits of
a person eligible for a real property tax assessment freeze.
HB 1135:
FOR AN ACT ENTITLED, An Act
to authorize production incentive payments
for ethanol derived from biomass.
HB 1136:
FOR AN ACT ENTITLED, An Act
to revise certain requirements for the
denaturing of ethanol alcohol.
And signed the same in the presence of the Senate.
Sen. Kleven moved that the Senate do now adjourn, which motion prevailed, and at 4:10
p.m. the Senate adjourned.