The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of
Allegiance led by House page Jess Fryslie.
Roll Call: All members present except Rep. Fitzgerald who was excused.
Friday, March 5, 1999
Representatives Lucas, Haley, Koehn, and Wilson wish to have a dissent placed in the
House Journal for the 37th Legislative day.
The dissent is as follows:
The manner of considering HB 1298 and its passage were in violation of the letter, purpose
and spirit of Article III, Section 21 of the South Dakota Constitution. An historical and
important purpose of this Constitutional provision is to fairly apprise the public of matters
which are contained in the various bills and to prevent fraud and deception of the public as to
matters being considered by the Legislature. The facts associated with the passage of this Act
clearly demonstrate that these principles were violated.
When first introduced, the title of HB 1298 was an Act to require all programs offered by
the Sioux Falls Center for public Higher Education be programs authorized for a public
university by the Board of Regents. The original subject of HB 1298 dealt with ensuring that
any course offered at the Sioux Falls Center for Public Higher Education was also offered at one
of the six other public universities in South Dakota. HB 1298 was then Hog Housed by the
House State Affairs committee on February 12, 1999. It then passed the House of
Representatives on February 18, 1999, with a vote of 65 to 3.
Once in the Senate, the Senate Appropriations committee amended the bill further on
February 26, 1999. On March 2, 1999, the Senate passed another amendment to the bill, which
became the second Hog House of the bill. There was no public announcement that the subject
of the Hog House amendment would be considered on the Senate floor on March 2, 1999. The
subject of the new Hog House bill now dealt with contract negotiations for public employees
of the public institutions of higher education.
Another amendment was passed on the Senate floor on March 3, 1999, then the bill was passed with a vote of 24 to 11 and the title was amended. HB 1298 came back to the House of Representatives for concurrence on March 4, 1999. The House of Representatives concurred in the Senate amendments with a vote of 45 to 24. The Hog House amendment that the Senate passed on March 2, 1999, became first available to the public on March 4, 1999, the same day the House of Representatives voted to concur on the amendments.
Furthermore, the Speaker of the House of Representatives ruled that an amendment
proposed on the House floor, which was an amendment to the Senate amendment, was out of
order. This ruling is contrary to Joint Rule 8-1 and Mason's Manual of Legislative Procedure,
section 766, subpart 7.
The only reason articulated on the House floor by the proponents of HB 1298 for the
untimely introduction of the subject of the Senate Hog House amendment was that it has
"slipped through the cracks". In other words, no emergency existed to excuse the late
amendment. No bill was introduced in this legislative session which touched upon the subject
of HB 1298 as amended, and the citizens of South Dakota were never given any reasonable
notice that this Legislature would consider the subject of the Hog Housed HB 1298. By
allowing the House to vote on concurrence to HB 1298, the integrity of the legislative process
has been compromised.
Representative Larry Lucas Representative Mike Koehn
Representative Pat Haley Representative Mike Wilson
MR. SPEAKER:
Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton
(Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel;
Young; Speaker Hunt
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Seventy-fourth Legislature of the State of South Dakota to Kelly Bickel, Alan Dale
Clements, Robert Cook, Jess Fryslie, Erin Greene, Rae Hale, Janelle Holoch, Katrina
Ogren, Misty Palmer, Kristin Schliesman, Christy Stokke, Nikki Wilinski, and Amy
Wolforth.
WHEREAS, the above named served loyally as pages for the House of Representatives of
the Seventy-fourth Legislative Session; and
WHEREAS, the members of the Seventy-fourth House of Representatives express their
most sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the
Seventy-fourth Legislature of the State of South Dakota, that a personal copy of this
commemoration be duly certified and furnished to each page on this last day of service.
Rep. Smidt moved that House Page Resolution 4 be adopted.
Which motion prevailed and the resolution was adopted.
Rep. Smidt moved that when we adjourn today, we adjourn to convene at 12:00 noon on
Tuesday, March 23rd, the 39th legislative day subject to the concurrence of the Senate.
Which motion prevailed.
Rep. Broderick moved that the report of the Conference Committee on HB 1053 as found
on page 842 of the House Journal be adopted.
The question being on Rep. Broderick's motion that the report of the Conference
Committee on HB 1053 be adopted.
And the roll being called:
Rep. Michels moved that the report of the Conference Committee on HB 1207 as found
on page 842 of the House Journal be adopted.
The question being on Rep. Michels' motion that the report of the Conference Committee
on HB 1207 be adopted.
And the roll being called:
Yeas 57, Nays 10, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp;
Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers;
Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre;
McNenny; Michels; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe;
Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Wudel;
Young; Speaker Hunt
Nays were:
Burg; Cutler; Haley; Klaudt; Koehn; Koetzle; Monroe; Napoli; Weber; Windhorst
Excused were:
Fitzgerald; Patterson; Sutton (Daniel)
Rep. Peterson moved that the report of the Conference Committee on HB 1258 as found
on page 843 of the House Journal be adopted.
The question being on Rep. Peterson's motion that the report of the Conference Committee
on HB 1258 be adopted.
And the roll being called:
Yeas 62, Nays 5, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies;
Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Smidt; Solum; Sutton (Duane); Volesky; Waltman;
Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt
Nays were:
Fiegen; Klaudt; McCoy; Slaughter; Wudel
Excused were:
Fitzgerald; Patterson; Sutton (Daniel)
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 1258
was adopted.
Rep. Duenwald moved that the report of the Conference Committee on HB 1116 as found
on page 894 of the House Journal be adopted.
The question being on Rep. Duenwald's motion that the report of the Conference
Committee on HB 1116 be adopted.
And the roll being called:
Rep. Eccarius moved that the report of the Conference Committee on HB 1075 as found
on page 905 of the House Journal be adopted.
The question being on Rep. Eccarius' motion that the report of the Conference Committee
on HB 1075 be adopted.
And the roll being called:
Yeas 65, Nays 2, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Klaudt; Koetzle
Rep. Cutler moved that the report of the Conference Committee on HB 1076 as found on
page 913 of the House Journal be adopted.
The question being on Rep. Cutler's motion that the report of the Conference Committee
on HB 1076 be adopted.
And the roll being called:
Yeas 66, Nays 0, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers;
Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Fitzgerald; Patterson; Sutton (Daniel)
Absent and Not Voting were:
Duniphan
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 report of the Conference Committee on
HB 1076 was adopted.
Rep. Hennies moved that the report of the Conference Committee on SB 130 as found on
pages 842 and 843 of the House Journal be adopted.
The question being on Rep. Hennies' motion that the report of the Conference Committee
on SB 130 be adopted.
And the roll being called:
Rep. Richard Brown moved that the report of the Conference Committee on SB 209 as
found on page 894 of the House Journal be adopted.
The question being on Rep. Richard Brown's motion that the report of the Conference
Committee on SB 209 be adopted.
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz;
Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker
Hunt
Nays were:
Klaudt; Lucas
Excused were:
Fitzgerald; Patterson
Rep. Cutler moved that the report of the Conference Committee on SB 101 as found on
page 933 of the House Journal be adopted.
The question being on Rep. Cutler's motion that the report of the Conference Committee
on SB 101 be adopted.
And the roll being called:
Yeas 62, Nays 6, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers;
Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas;
McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton
(Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Speaker Hunt
Nays were:
Davis; Earley; Klaudt; Monroe; Wetz; Young
Excused were:
Fitzgerald; Patterson
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 SB 101 was
adopted.
MR. SPEAKER:
I have the honor to transmit herewith SCR 15 which has been adopted by the Senate and
your concurrence is respectfully requested.
I have the honor to inform your honorable body that the Senate has appointed Sens.
Rounds, Halverson, and Olson as a committee of three on the part of the Senate to meet with
a like committee on the part of the House to adjust the differences between the two houses on
HB 1151.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SCR 4.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in HCR
1018.
Also MR. SPEAKER:
I have the honor to return herewith HCR 1020 in which the Senate has concurred.
There being no objection, the House reverted to Order of Business No. 6.
MR. SPEAKER:
Rep. Cutler moved that the report of the Conference Committee on HB 1151 as found on
page 941 of the House Journal be adopted.
The question being on Rep. Cutler's motion that the report of the Conference Committee
on HB 1151 be adopted.
And the roll being called:
Yeas 65, Nays 1, Excused 2, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp;
Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz;
Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker
Hunt
Nays were:
Klaudt
Excused were:
Fitzgerald; Patterson
Absent and Not Voting were:
Burg; Lucas
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 1151
was adopted.
SCR 15:
A CONCURRENT RESOLUTION,
Encouraging the resolution of all unresolved
aspects of the Dakota, Minnesota, and Eastern's proposed expansion.
Rep. Cutler moved that SCR 15 as found on page 792 of the Senate Journal be concurred
in.
The question being on Rep. Cutler's motion that SCR 15 be concurred in.
MR. SPEAKER:
I have the honor to return herewith HB 1179 which has passed the Senate without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the reports of
the Conference Committees on HB 1151 and SB 101.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1004, 1178, 1184,
1292, 1298, and 1302 were delivered to his Excellency, the Governor, for his approval at 12:10
p.m., March 5, 1999.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1053, 1075, 1076, 1151, 1179, and 1207 and finds
the same correctly enrolled.
The Speaker publicly read the title to
HB 1053:
FOR AN ACT ENTITLED, An Act to
revise the open container law.
HB 1075:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions related to public
school open enrollment procedures and tuition.
HB 1076:
FOR AN ACT ENTITLED, An Act to
appropriate federal funds for the
continuation of the Visitation Enforcement Program Implementation Task Force.
HB 1151:
FOR AN ACT ENTITLED, An Act to
revise the property tax levies for the
general fund of a school district.
HB 1179:
FOR AN ACT ENTITLED, An Act to
appropriate money for the expenses of
the legislative, judicial, and executive departments of the state, certain officers, boards, and
departments, for support and maintenance of the educational, charitable, and penal institutions,
the South Dakota Veterans' Home, for maintenance of the state capitol, and for support and
maintenance of the state guard.
HB 1207:
FOR AN ACT ENTITLED, An Act to
increase the time period for which a
driver's license is revoked for certain drug offenses.
SB 28:
FOR AN ACT ENTITLED, An Act to
establish escrow funds to pay claims brought
against tobacco product manufacturers.
SB 59:
FOR AN ACT ENTITLED, An Act to
authorize the examination and use of certain
vehicle weigh scale tickets in the enforcement of vehicle weight restrictions, to revise certain
provisions regarding penalties for violations of such restrictions, and to require satisfactory
overweight vehicle enforcement programs in each county.
SB 88:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Northern Crops
Institute.
SB 130:
FOR AN ACT ENTITLED, An Act to
revise and expand certain provisions
relating to third offense assault.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adjourned to reconvene
at 12:00 noon on Tuesday, March 23rd, the 39th legislative day.
Rep. Solum moved that the House do now adjourn, which motion prevailed, and at
12:15 p.m. the House adjourned.