The Senate convened at 9:30 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Paul Kondy, followed by the Pledge of
Allegiance led by Senate page Michael Reddy.
Roll Call: All members present.
Madam President and Members of the Senate:
I have the honor to inform you that I have approved SB 2, 24, 31, 32, 34, 38, 64, 88, 104,
115, 118, 133, 140, 143, 148, 157, and 238, and the same have been deposited in the office of
the Secretary of State.
Madam President and Members of the Senate:
I have the honor to inform you that I have approved SB 131, 132, 149, and 150, and the
same have been deposited in the office of the Secretary of State.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 7, 30, 35, 41, 52, 54,
73, 82, 96, 109, 116, 154, and 171 were delivered to his Excellency, the Governor, for his
approval at 9:25 a.m., February 25, 1998.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SJR 2 was delivered to
her Excellency, the Secretary of State, for filing at 9:30 a.m., February 25, 1998.
The President publicly read the title to
SB 53:
FOR AN ACT ENTITLED, An Act
to require the reporting of criminal convictions,
to provide certain licensing penalties, and to allow certain cooperation in a multi-state waiver
process regarding persons engaged in the insurance business.
SB 70:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
median level of assessment for property tax purposes.
SB 86:
FOR AN ACT ENTITLED, An Act
to authorize the adoption of certain federal
poverty and food stamp guidelines by administrative rule.
SB 145:
FOR AN ACT ENTITLED, An Act
to revise the procedure for serving
lienholders.
SB 211:
FOR AN ACT ENTITLED, An Act
to permit the use of freeze brands on horses
and mules.
SB 227:
FOR AN ACT ENTITLED, An Act
to require training in parenting skills for
certain persons.
SB 236:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding trusts
and estates.
HB 1153:
FOR AN ACT ENTITLED, An Act
to provide for the succession to a vehicle
dealership by a legal heir or devisee.
HB 1244:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
practice of pharmacy.
HB 1298:
FOR AN ACT ENTITLED, An Act
to define a sell-it-yourself lot.
And signed the same in the presence of the Senate.
MADAM PRESIDENT:
I have the honor to return herewith SB 39, 40, 120, 136, 177, 210, 214, 233, 240, and 241
which have passed the House without change.
I have the honor to return herewith SB 23, 147, 222, 225, 235, and 239 which have been
amended by the House and your concurrence in the amendments is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 124 and 237 and SJR 4 were lost
on second reading and final passage.
Sen. Halverson moved 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 on SB 193.
Which motion prevailed and the President appointed as such committee Sens. Paisley,
Frederick, and Symens.
Sen. Rounds moved that the Senate do now recess until 10:45 a.m., which motion prevailed
and at 9:45 a.m., the Senate recessed.
Sen. Aker moved that the Senate do concur in the House amendments to SB 12.
The question being on Sen. Aker's motion that the Senate do concur in the House
amendments to SB 12.
And the roll being called:
Yeas 30, Nays 0, Excused 5, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Dennert; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Staggers; Symens;
Valandra; Vitter
Sen. Rounds moved that consideration of House amendments to SB 103 be placed to
follow SB 139 on today's calendar.
Which motion prevailed and the bill was so placed.
Sen. Vitter moved that the Senate do concur in the House amendments to SB 138.
The question being on Sen. Vitter's motion that the Senate do concur in the House
amendments to SB 138.
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Reedy; Rounds; Symens; Vitter;
Whiting
Excused were:
Flowers; Hainje; Olson; Paisley; Shoener; Staggers; 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. Halverson moved that consideration of House amendments to SB 139 be placed to
follow SB 218 on today's calendar.
Which motion prevailed and the bill was so placed.
Sen. Flowers moved that the Senate do concur in the House amendments to SB 103.
The question being on Sen. Flowers' motion that the Senate do concur in the House
amendments to SB 103.
And the roll being called:
Excused were:
Everist; Hainje; Paisley; Shoener; Staggers; 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. Daugaard moved that the Senate do concur in the House amendments to SB 141.
The question being on Sen. Daugaard's motion that the Senate do concur in the House
amendments to SB 141.
And the roll being called:
Yeas 28, Nays 3, Excused 4, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn
(Rebecca); Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Staggers; Symens; Vitter;
Whiting
Nays were:
Drake; Halverson; Kloucek
Excused were:
Everist; Paisley; Shoener; 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. Kleven moved that the Senate do not concur in House amendments to SB 206 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. Olson moved as a substitute motion that the Senate do concur in the House
amendments to SB 206.
The question being on Sen. Olson's motion that the Senate do concur in the House
amendments to SB 206.
And the roll being called:
Yeas 9, Nays 23, Excused 3, Absent and Not Voting 0
Yeas were:
Aker; Brosz; Dennert; Drake; Everist; Olson; Staggers; Symens; Vitter
Nays were:
Albers; Benson; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Flowers; Hainje;
Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler;
Morford; Munson (David); Reedy; Rounds; Valandra; Whiting
Excused were:
Frederick; Paisley; Shoener
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
The question now being on Sen. Kleven's motion that the Senate do not concur in House
amendments to SB 206 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. Kleven,
Benson and Flowers.
Sen. Brown (Arnold) moved that the Senate do concur in the House amendments to SB
228.
The question being on Sen. Brown's motion that the Senate do concur in the House
amendments to SB 228.
And the roll being called:
Nays were:
Staggers
Excused were:
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. Frederick moved that the Senate do concur in the House amendments to SB 21.
The question being on Sen. Frederick's motion that the Senate do concur in the House
amendments to SB 21.
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Symens;
Valandra; Vitter; Whiting
Nays were:
Kloucek; Staggers
Excused were:
Benson; 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. Hutmacher moved that the Senate do concur in the House amendments to SB 94.
The question being on Sen. Hutmacher's motion that the Senate do concur in the House
amendments to SB 94.
Nays were:
Albers; Drake; Frederick; Halverson
Excused were:
Benson; 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. Lawler moved that the Senate do concur in the House amendments to SB 92.
The question being on Sen. Lawler's motion that the Senate do concur in the House
amendments to SB 92.
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Flowers;
Frederick; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford;
Munson (David); Olson; Paisley; Reedy; Rounds; Symens; Valandra; Vitter; Whiting
Nays were:
Aker; Brosz; Drake; Hainje; Johnson (William); Staggers
Excused were:
Everist; 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. Rounds moved that the Senate do concur in the House amendments to SB 110.
The question being on Sen. Rounds' motion that the Senate do concur in the House
amendments to SB 110.
Nays were:
Kloucek; Staggers
Excused were:
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.
The President publicly read the title to
SB 22:
FOR AN ACT ENTITLED, An Act
to provide for the deposit of certain moneys,
held by the Board of Regents, into the school and public lands endowment to provide partial
funding for the maintenance and repair needs of the South Dakota School for the Deaf and the
South Dakota School for the Visually Handicapped.
SB 39:
FOR AN ACT ENTITLED, An Act
to provide for the public procurement of
construction services utilizing the design-build procurement process.
SB 40:
FOR AN ACT ENTITLED, An Act
to permit contractors to offer and provide
design-build services.
SB 120:
FOR AN ACT ENTITLED, An Act
to revise the funding of special education.
SB 136:
FOR AN ACT ENTITLED, An Act
to authorize planning for a coordinated
statewide 911 emergency reporting system and to make an appropriation therefor.
SB 177:
FOR AN ACT ENTITLED, An Act
to revise and clarify certain provisions
concerning the regulation of pornography and obscenity.
SB 210:
FOR AN ACT ENTITLED, An Act
to transfer funds from the special racing
revolving fund and the South Dakota-bred racing fund to the Department of Social Services for
domestic and sexual abuse shelter programs and child care programs and to make an
appropriation therefor.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Gabriel, 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 193.
Nays were:
Kloucek; Staggers
Excused were:
Everist; Frederick; Valandra
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried and the amendments were concurred in.
Sen. Halverson moved that the Senate do concur in the House amendments to SB 165.
The question being on Sen. Halverson's motion that the Senate do concur in the House
amendments to SB 165.
And the roll being called:
Yeas 18, Nays 14, Excused 3, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Hainje;
Halverson; Ham; Johnson (William); Kleven; Munson (David); Rounds; Shoener; Vitter;
Whiting
Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford;
Olson; Paisley; Reedy; Staggers; Symens
Excused were:
Everist; Frederick; 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. Reedy moved that the Senate do concur in the House amendments to SB 170.
The question being on Sen. Reedy's motion that the Senate do concur in the House
amendments to SB 170.
Nays were:
Brosz
Excused were:
Frederick; 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. Everist moved that the Senate do concur in the House amendments to SB 178.
The question being on Sen. Everist's motion that the Senate do concur in the House
amendments to SB 178.
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 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. Munson (David) moved that the Senate do not concur in House amendments to SB
207 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. Hutmacher moved as a substitute motion that the Senate do concur in the House amendments to SB 207.
Nays were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley;
Rounds; Shoener; Staggers; Vitter; Whiting
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.
The question now being on Sen. Munson's motion that the Senate do not concur in House
amendments to SB 207 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
(David), Brosz, and Lange.
Sen. Whiting moved that the Senate do concur in the House amendments to SB 218.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 218.
And the roll being called:
Yeas 33, Nays 1, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Vitter; Whiting
Excused were:
Valandra
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried and the amendments were concurred in.
Sen. Olson moved that the Senate do concur in the House amendments to SB 139.
The question being on Sen. Olson's motion that the Senate do concur in the House
amendments to SB 139.
And the roll being called:
Yeas 33, Nays 1, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Kloucek
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 amendments were concurred in.
The President appointed as such committee Sens. Frederick, Johnson (William), and Olson.
The President appointed as such committee Sens. Frederick, Drake, and Kloucek.
Also MADAM PRESIDENT:
The President appointed as such a committee Sens. Drake, Benson, and Dennert.
Also MADAM PRESIDENT:
The President appointed as such committee Sens. Everist, Halverson, and Hutmacher.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 12, 21, 22, 39, 40, 92, 94, 103, 110, 120, 136, 138,
141, 177, 210, 214, 228, 233, 240, and 241 and finds the same correctly enrolled.
The President publicly read the title to
SB 12:
FOR AN ACT ENTITLED, An Act
to establish a uniform procedure for creating
certain special districts and electing the first board of trustees.
SB 21:
FOR AN ACT ENTITLED, An Act
to provide for the biennial registration of
pesticides, to revise the distribution of the pesticide application fee, and to declare an
emergency.
SB 92:
FOR AN ACT ENTITLED, An Act
to limit the information that may be contained
on a driver's license.
SB 94:
FOR AN ACT ENTITLED, An Act
to provide for the payment of tuition for
students who have been assigned to another school district.
SB 103:
FOR AN ACT ENTITLED, An Act
to revise the procedure for the valuation of
agricultural land.
SB 110:
FOR AN ACT ENTITLED, An Act
to define the brokerage relationships available
between real estate licensees and buyers, sellers, landlords, or tenants in real estate transactions,
to establish the obligations owed by real estate licensees to parties to real estate transactions,
and to establish certain disclosure requirements for real estate licensees.
SB 138:
FOR AN ACT ENTITLED, An Act
to revise the circumstances permitting
warrantless arrests.
SB 141:
FOR AN ACT ENTITLED, An Act
to allow any person with the authorization
of law enforcement or the Department of Social Services to take photographs, videotapes, or
electronic images of a child if abuse or neglect is suspected.
SB 228:
FOR AN ACT ENTITLED, An Act
to provide certain requirements for new
continuing care retirement communities.
HB 1140:
FOR AN ACT ENTITLED, An Act
to provide for the regulation of boat dealers.
HB 1162:
FOR AN ACT ENTITLED, An Act
to require the systematic reporting of
information concerning abortions, informed consent, and parental notice.
HB 1200:
FOR AN ACT ENTITLED, An Act
to establish a holiday to observe the
ratification of the Bill of Rights.
HB 1217:
FOR AN ACT ENTITLED, An Act
to revise certain aerial hunting provisions.
HB 1272:
FOR AN ACT ENTITLED, An Act
to require certain children in passenger
vehicles to be in a child passenger restraint system.
Sen. Rounds moved that the Senate do now recess until 3:00 p.m., which motion prevailed
and at 2:06 p.m., the Senate recessed.
The Senate reconvened at 3:00 p.m., the President presiding.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1071, 1133, 1134, 1146, 1151, 1161, 1175, 1245, 1257, 1269, and 1315.
Also MADAM PRESIDENT:
I have the honor to return herewith SCR 5 in which the House has concurred.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on HJR 1002.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1016 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to inform your honorable body that the House has appointed Reps. Cutler,
Pummel, 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 206.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1302 and has appointed Reps. Koskan, Matthews, 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. Brown (Arnold), Hainje, and Olson.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1262 and has appointed Reps. Broderick, Fiegen, and Fischer-
Clemens 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. Everist, Staggers, and Olson.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 139, 160, 165, 170, 178, 218 and finds the same
correctly enrolled.
Sen. Frederick moved that the Senate do not concur in House amendments to SB 23 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. Drake,
Brown (Arnold), and Morford.
Sen. Paisley moved that the Senate do not concur in House amendments to SB 147 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. Paisley,
Benson, and Lawler.
Sen. Brown (Arnold) moved that the Senate do concur in the House amendments to SB
222.
The question being on Sen. Brown's motion that the Senate do concur in the House
amendments to SB 222.
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 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 225.
The question being on Sen. Everist's motion that the Senate do concur in the House
amendments to SB 225.
And the roll being called:
Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford;
Olson; Reedy; 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. Whiting moved that the Senate do concur in the House amendments to SB 235.
The question being on Sen. Whiting's motion that the Senate do concur in the House
amendments to SB 235.
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 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. Dunn (Jim) moved that the Senate do concur in the House amendments to SB 239.
The President ruled that Sen. Hunhoff's motion was out of order.
The question now being on Sen. Dunn's motion that the Senate do concur in the House
amendments to SB 239.
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 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 HJR1002 as found on
page 691 of the Senate Journal be adopted.
The question being on Sen. Aker's motion that the report of the Conference Committee on
HJR1002 be adopted.
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 (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
Excused were:
Dunn (Jim)
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.
The Conference Committee respectfully reports that it has considered SB 67 and the
amendments thereto made by the House, and the disagreement of the two Houses thereon, and
recommends that all House amendments be deleted, thus restoring the bill to the form it passed
the Senate.
Respectfully submitted, Respectfully submitted,
JOHN KOSKAN KERMIT STAGGERS
RICHARD "DICK" E. BROWN DICK HAINJE
JOANNE V. LOCKNER MEL OLSON
House Committee Senate Committee
Sen. Staggers moved that the report of the Conference Committee on SB 67 be adopted.
The question being on Sen. Staggers' motion that the report of the Conference Committee
on SB 67 be adopted.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 112 and the
amendments thereto made by the House, and the disagreement of the two Houses thereon, and
recommends that SB 112 be amended as follows:
Sen. Aker moved that the report of the Conference Committee on SB 112 be adopted.
The question being on Sen. Aker's motion that the report of the Conference Committee on
SB 112 be adopted.
And the roll being called:
Yeas 34, Nays 1, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Kloucek
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.
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1270 and the
amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and
recommends that HB 1270 be amended as follows:
Sen. Whiting moved that the report of the Conference Committee on HB 1270 be adopted.
The question being on Sen. Whiting's motion that the report of the Conference Committee
on HB 1270 be adopted.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 111 and the
amendments thereto made by the House, and the disagreement of the two Houses thereon, and
recommends that all House and Senate amendments be deleted, thus restoring the bill to its
original form.
Respectfully submitted, Respectfully submitted,
ROGER BROOKS BARBARA EVERIST
KAY S. JORGENSEN BOB DRAKE
KAY DAVIS JIM HUTMACHER
House Committee Senate Committee
Sen. Everist moved that the report of the Conference Committee on SB 111 be adopted.
The question being on Sen. Everist's motion that the report of the Conference Committee
on SB 111 be adopted.
And the roll being called:
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Gordon
Pederson, Hagg, 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
207.
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 193 and the
amendments thereto made by the House, and the disagreement of the two Houses thereon, and
recommends that all House amendments be deleted, thus restoring the bill to the form it passed
the Senate.
Respectfully submitted, Respectfully submitted,
LARRY E. GABRIEL KEITH PAISLEY
STEVE CUTLER RANDY D. FREDERICK
House Committee Senate Committee
Sen. Paisley moved that the report of the Conference Committee on SB 193 be adopted.
Sen. Flowers moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 193 and that a new committee be appointed.
Sen. Hunhoff requested a roll call vote.
Which request was supported.
The question being on Sen. Halverson's motion that Sen. Flowers' substitute motion that
the Senate do not adopt the report of the Conference Commitee on SB 193 and that a new
committee be appointed be laid on the table.
And the roll being called:
Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds;
Shoener; Staggers; Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford;
Olson; Reedy; Symens; Valandra
Excused were:
Drake
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and Sen. Flowers' substitute motion was laid on the
table.
The question now being on Sen. Paisley's motion that the report of the Conference
Committee on SB 193 be adopted.
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; Drake; Dunn (Jim); Everist; Flowers;
Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Kloucek; Lange; Munson
(David); Paisley; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Roe,
Hunt, 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 147.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Putnam, Roe, and Lucas 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 23.
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 1270 and SB 67, 111, and 193.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 222, 225, 235, 239 and finds the same correctly
enrolled.
The President publicly read the title to
SB 225:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
workers' compensation during a period of rehabilitation.
SB 235:
FOR AN ACT ENTITLED, An Act
to prevent criminals from suing their victims
for damages.
SB 239:
FOR AN ACT ENTITLED, An Act
to impose legal responsibility and tort liability
for environmental damages caused by the negligent entrustment of livestock to another or
negligent control or specification of design, construction, or operational instruction of livestock
facilities.
And signed the same in the presence of the Senate.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 8:00 a.m. on
Thursday, February 26, the 33rd legislative day.
Which motion prevailed.
Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 4:15
p.m. the Senate adjourned.