The House convened at 12:00 noon, pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by House page Amy Wolforth.
Roll Call: All members present except Reps. Fitzgerald, Solum, and Wudel who were
excused.
March 8, 1999
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that I have approved House Bills 1106, 1184, 1260, 1292,
and 1298, and the same have been deposited in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that I have approved House Bill 1299, and the same has
been deposited in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that I have approved House Bills 1003, 1004, 1178, 1213,
1230, and 1302, and the same have been deposited in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that I have approved House Bills 1038, 1121, 1189, 1221,
and 1282, and the same have been deposited in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that I have approved House Bills 1138, 1147, 1198, 1225,
1283, and 1287, and the same have been deposited in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that I have approved House Bills 1163, 1164, 1210, 1211,
1229, and 1296, and the same have been deposited in the office of the Secretary of State.
The Honorable Roger Hunt
Speaker of the House
State Capitol
Pierre, South Dakota 57501
Dear Mr. Speaker and Members of the House:
I herewith return House Bill 1254 and VETO the same.
House Bill 1254 is entitled, "An Act to revise certain provisions related to local government
officer conflicts of interest."
HB 1254 would radically alter the ethical standard to which local government officers are held
when awarding public contracts. The bill would allow county, municipal, township, and school
district officials to benefit personally from the contracts that they award. This change would
adversely impact the State of South Dakota in two major respects.
First and foremost, HB 1254 would diminish public confidence in local government. The
citizens of South Dakota expect that public servants will not realize personal gain from
performing their official duties. The bill would destroy this expectation by defining conflicts
of interest so narrowly that the standard could be easily circumvented and abused.
Second, the bill would establish a dangerous precedent. Other government officials and employees must adhere to higher principles in the performance of their duties. HB 1254 would lower the ethical benchmark for public servants and would very likely lead to other public officers and employees requesting similar treatment in subsequent legislative sessions.
Under HB 1254, a conflict of interest would only occur when an official has a "direct financial
interest" in the contract. HB 1254 would define "direct financial interest" as:
the officer has the authority or ability to control, direct, or manage the contract-related activities
of the entity that has contracted with the county, municipality, township, or school district and
will gain direct financial benefit as a result of the contract.
This definition would require that the officer both exercise control, direction, or management
and gain direct financial benefit before a conflict of interest exists. Therefore, an official could
reap private gain from his or her public duties simply by taking a passive role in the business.
It is a common business practice for an investor to hold a financial stake in an entity without
exercising control, direction, or management. For example, an official could own an interest
in a corporation, limited liability company, limited partnership, limited liability partnership, or
company with a parent-subsidiary relationship to another entity. Or, instead of the official
directly owning the interest, the official's spouse could simply own the interest in the company.
This scenario would circumvent both the control and direct benefit standards.
In each of these instances and in the myriad other business arrangements, nothing would prevent
a local government official from awarding a contract even though he or she might personally
realize financial gain. Obviously, the definition of "direct financial benefit" contains a loophole
so wide as to render this conflict of interest statute largely ineffective.
Additionally, the term "contract-related activities" would be subject to abuse. For example, an
official could work for a company that offers construction and irrigation services. If the official
manages the construction side of the business, he or she could award an irrigation contract to
the company.
Finally, the phrase "will gain direct financial benefit as a result of the contract" would set an
inappropriate standard. The language implies that the venture would need to realize a profit for
the contract to be objectionable. From an ethical standpoint, even the potential for personal
profit from public service is objectionable, so the language "will gain" contains a serious flaw.
In light of these problems, I cannot sign HB 1254. The State of South Dakota can ill afford to
see its ethical principles eroded in this fashion, and its citizens expect more from their public
officials.
I respectfully request that you concur with my action.
The Honorable Roger Hunt
Speaker of the House
State Capitol
Pierre, SD 57501-5070
Dear Speaker Hunt and Members of the House:
I herewith return House Bill 1301 with the following recommendations as to STYLE and
FORM.
House Bill 1301 is, "An Act to limit the liability resulting from the manufacture, distribution,
and sale of firearms."
To avoid the possibility of an unconstitutional delegation of legislative authority, it is necessary
to refer to a date certain, i.e. "as in effect on January 1, 1999", when referencing the law from
another jurisdiction.
There is a reference to federal law, Section 923 of Chapter 44 of Title 18, in Section 3 of the
House Enrolled version of the bill. Following the words "United States Code" in line 12, there
should be inserted the words "as in effect on January 1, 1999".
I respectfully request you concur with my recommendation as to style and form.
The House proceeded to the reconsideration of HB 1254 pursuant to the veto of the
Governor and the veto message as found on page 949 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 1254 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 24, Nays 43, Excused 3, Absent and Not Voting 0
Yeas were:
Brooks; Brown (Jarvis); Chicoine; Clark; Derby; Diedtrich (Elmer); Duniphan; Earley;
Engbrecht; Fryslie; Haley; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Lintz; Lucas; McCoy;
McIntyre; Peterson; Slaughter; Smidt; Wilson
Excused were:
Fitzgerald; Solum; Wudel
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 consideration of the recommendation of the Governor as to
change of style and form of HB 1301 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.
The question being "Shall the recommendation of the Governor as to change of style and
form of HB 1301 be approved.
And the roll being called:
Yeas 67, Nays 0, 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; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan;
Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald);
Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter;
Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst;
Young; Speaker Hunt
Excused were:
Fitzgerald; Solum; Wudel
So the question having received an affirmative vote of a majority of the members-elect, the
Speaker declared the recommendation of the Governor as to change of style and form approved.
Rep. Cutler moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Seventy-fourth Legislative Session.
Rep. Cutler moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to
inform him that the Legislature has competed its labor and is ready to adjourn sine die and to
ascertain if he has any further communications to make to the Legislature.
Which motion prevailed and the Speaker appointed as such committee Reps. Hunt, Smidt,
and Lucas.
Rep. Clark moved that the rules be suspended for the sole purpose of introducing, giving
first reading, dispensing with committee referral, and giving second reading and final
consideration to a bill to revise certain provisions pertaining to conflicts of interest by local
government officials.
The question being on Rep. Clark's motion that the rules be suspended for the sole purpose
of introducing, giving first reading, dispensing with committee referral, and giving second
reading and final consideration to a bill to revise certain provisions pertaining to conflicts of
interest by local government officials.
And the roll being called:
Yeas 18, Nays 49, Excused 3, Absent and Not Voting 0
Yeas were:
Brown (Richard); Chicoine; Clark; Cutler; Derby; Diedtrich (Elmer); Duniphan; Earley;
Engbrecht; Fiegen; Fryslie; Jaspers; Klaudt; McCoy; Michels; Peterson; Smidt; Volesky
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Crisp; Davis; Diedrich (Larry);
Duenwald; Eccarius; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke;
Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre;
McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Putnam; Richter;
Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson;
Windhorst; Young; Speaker Hunt
Excused were:
Fitzgerald; Solum; Wudel
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
Nays were:
Apa; Burg; Chicoine; Davis; Diedrich (Larry); Duenwald; Fischer-Clemens; Garnos; Hagen;
Haley; Hennies; Kazmerzak; Koehn; Koetzle; Koskan; Lintz; Lockner; Lucas; McCoy;
McIntyre; McNenny; Monroe; Nachtigal; Napoli; Roe; Waltman; Wetz; Wilson; Windhorst
Excused were:
Fitzgerald; Solum; Wudel
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
Rep. Richter announced his intention to reconsider the vote by which the motion to
suspend the rules was lost.
The Speaker ruled Rep. Richer's intent to reconsider out of order.
I have the honor to inform your honorable body that the Senate has approved SB 221 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 806 of the Senate Journal.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has passed SB 164 over the
veto of the Governor. We hereby transmit the enrolled copy of SB 164. The veto message of the
Governor is found on page 807 of the Senate Journal.
We hereby request your favorable consideration in passing SB 164, the veto of the
Governor notwithstanding.
The House proceeded to the consideration of the recommendation of the Governor as to
change of style and form of SB 221 as found on page 806 of the Senate Journal, as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall the recommendation of the Governor as to change of style and
form of SB 221 be approved?"
And the roll being called:
Yeas 64, Nays 2, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas;
McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton
(Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt
Nays were:
Fiegen; McCoy
Excused were:
Fitzgerald; Solum; Wudel
Absent and Not Voting were:
Diedrich (Larry)
The House proceeded to the reconsideration of SB 164 pursuant to the veto of the
Governor and the action taken by the Senate as found on pages 819 and 820 of the Senate
Journal, as provided in Article IV, Section 4 of the Constitution of the State of South Dakota.
Rep. Cutler moved that the House do now recess until 1:45 p.m., which motion prevailed
and at 1:14 p.m., the House recessed.
Rep. Cutler moved that the House do now recess until 3:10 p.m., which motion prevailed
and at 2:47 p.m., the House recessed.
The question being "Shall SB 164 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 59, Nays 5, Excused 4, Absent and Not Voting 2
Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp;
Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; 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; Patterson; Peterson; Pummel;
Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman;
Weber; Wetz; Wilson; Young; Speaker Hunt
Nays were:
Apa; Derby; Earley; Fiegen; Napoli
Excused were:
Fitzgerald; Solum; Windhorst; Wudel
There being no objection, the House reverted to Order of Business No. 7.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Rounds, Everist, and Hutmacher as a committee of three on the part of the Senate to meet with
a like committee on the part of the House to wait 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 further communications to make to the Legislature.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Rounds, Halverson, and Hutmacher as a committee of three on the part of the Senate to meet
with a like committee on the part of the House pertaining to fixing the time of adjournment sine
die for the Seventy-fourth legislative session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has approved HB 1301 as
recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the state
of South Dakota, for changes as to style and form.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 250 and 251 which have passed the Senate and
your favorable consideration is respectfully requested.
I have the honor to transmit herewith SCR 16 which has been adopted by the Senate and
your concurrence is respectfully requested.
SCR 16:
A CONCURRENT RESOLUTION,
Declaring August 31 - September 6, 1999,
as South Dakota Reunion Week.
Was read the first time and the Speaker waived the committee referral.
Rep. Putnam moved that SCR 16 as found on page 828 of the Senate Journal be concurred
in.
The question being on Rep. Putnam's motion that SCR 16 be concurred in.
And the roll being called:
Yeas 62, Nays 3, Excused 3, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht;
Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy;
McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson;
Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky;
Waltman; Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt
Nays were:
Eccarius; Koskan; Monroe
Excused were:
Fitzgerald; Solum; Wudel
Absent and Not Voting were:
Diedrich (Larry); Richter
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 16 was concurred in.
Nays were:
Apa; Broderick; Davis; Derby; Diedrich (Larry); Eccarius; Garnos; Hennies; Kazmerzak;
Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; McCoy; McIntyre; McNenny; Monroe;
Napoli; Slaughter; Wilson; Windhorst; Young; Speaker Hunt
Excused were:
Fitzgerald; Solum; Wudel
Absent and Not Voting were:
Lucas
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
Rep. Michels moved that the rules be suspended for the sole purpose of giving first
reading, dispensing with committee referral, and giving second reading and final consideration
to SB 251.
The question being on Rep. Michels' motion that the rules be suspended for the sole
purpose of giving first reading, dispensing with committee referral, and giving second reading
and final consideration to SB 251.
And the roll being called:
Nays were:
Apa; Broderick; Burg; Chicoine; Davis; Derby; Diedrich (Larry); Fischer-Clemens; Hagen;
Haley; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lockner; McIntyre;
McNenny; Monroe; Nachtigal; Napoli; Sutton (Daniel); Wilson; Young; Speaker Hunt
Excused were:
Fitzgerald; Solum; Wudel
Absent and Not Voting were:
Lucas
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
Rep. Volesky moved that the rules be suspended for the sole purpose of introducing, giving
first reading, dispensing with committee referral, and giving second reading and final
consideration to a bill to freeze the assessed value of property at its 1998 assessed value and to
declare an emergency.
The question being on Rep. Volesky's motion that the rules be suspended for the sole
purpose of introducing, giving first reading, dispensing with committee referral, and giving
second reading and final consideration to a bill to freeze the assessed value of property at its
1998 assessed value and to declare an emergency.
And the roll being called:
Yeas 19, Nays 47, Excused 4, Absent and Not Voting 0
Yeas were:
Brown (Richard); Burg; Chicoine; Cutler; Duniphan; Fryslie; Hagen; Haley; Hanson; Juhnke;
Klaudt; Lockner; McCoy; Monroe; Patterson; Peterson; Volesky; Waltman; Wetz
Excused were:
Fitzgerald; McNenny; Solum; Wudel
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
There being no objection, the House reverted to Order of Business No. 6.
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-fourth Legislative Session.
Respectfully submitted, Respectfully submitted,
ROGER W. HUNT M. MICHAEL ROUNDS
ORVILLE SMIDT BARBARA EVERIST
LARRY LUCAS JIM HUTMACHER
House Committee Senate Committee
Rep. Cutler moved that the report of the Joint-Select Committee relative to informing the
Governor that the Legislature has completed its labor and is ready to ascertain if he has any
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-fourth Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 7:21 p.m., March 23, 1999.
Respectfully submitted, Respectfully submitted,
ROGER HUNT M. MICHAEL ROUNDS
STEVE CUTLER HAROLD W. HALVERSON
PAT HALEY JIM HUTMACHER
House Committee Senate Committee
Rep. Cutler moved that the report of the Joint-Select Committee relative to fixing the time
to adjourn sine die be adopted.
Which motion prevailed and the Joint-Select Committee Report was adopted.
There being no objection, the House reverted to Order of Business No. 4.
Rep. Cutler moved that the House do now recess until 5:00 p.m., which motion prevailed
and at 4:17 p.m., the House recessed.
The House reconvened at 5:00 p.m., the Speaker presiding.
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 transmit herewith SB 252 which has passed the Senate and your
favorable consideration is respectfully requested.
Rep. Richter moved that the rules be suspended for the sole purpose of giving first reading,
dispensing with committee referral, and giving second reading and final consideration to SB
252.
The question being on Rep. Richter's motion that the rules be suspended for the sole
purpose of giving first reading, dispensing with committee referral, and giving second reading
and final consideration to SB 252.
And the roll being called:
Yeas 49, Nays 14, Excused 5, Absent and Not Voting 2
Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Cutler; Derby;
Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-
Clemens; Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra;
Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson;
Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Weber;
Wetz; Windhorst; Young; Speaker Hunt
Nays were:
Apa; Burg; Davis; Haley; Kazmerzak; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Napoli;
Roe; Waltman; Wilson
Absent and Not Voting were:
Diedrich (Larry); Hagen
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. Cutler moved that the House do now recess until 6:40 p.m., which motion prevailed
and at 6:22 p.m., the House recessed.
SB 252:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to lease a
site for delivery of public higher education in Sioux Falls and to use money appropriated by the
Legislature from the higher education facilities fund to make lease payments therefor.
Was read the first time.
SB 252:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to lease a
site for delivery of public higher education in Sioux Falls and to use money appropriated by the
Legislature from the higher education facilities fund to make lease payments therefor.
Was read the second time.
And the roll being called:
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz;
McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel;
Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Weber; Wetz;
Windhorst; Young; Speaker Hunt
Excused were:
Chicoine; Fitzgerald; Solum; Volesky; Wudel
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 "Shall SB 252 pass?"
And the roll being called:
Yeas 48, Nays 17, Excused 5, Absent and Not Voting 0
Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Cutler; Davis;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt;
Konold; Kooistra; Koskan; Lintz; Michels; Monroe; Munson (Donald); Nachtigal; Patterson;
Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Wetz; Wilson; Windhorst; Speaker Hunt
Nays were:
Apa; Burg; Derby; Hagen; Haley; Koehn; Koetzle; Lockner; Lucas; McCoy; McIntyre;
McNenny; Napoli; Roe; Waltman; Weber; Young
Excused were:
Chicoine; Fitzgerald; Solum; Volesky; Wudel
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.
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-
fourth Legislative Session.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1053, 1075, 1076,
1151, 1179, and 1207 were delivered to his Excellency, the Governor, for his approval at 12:45
p.m., March 23, 1999.
Also MR. SPEAKER:
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
1301, approved the recommendation and that the Office of Enrolling and Engrossing has
engrossed the changes and has returned the same to his Excellency, the Governor at 4:48 p.m.,
March 23, 1999.
The Speaker publicly read the title to
SB 252:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to lease a
site for delivery of public higher education in Sioux Falls and to use money appropriated by the
Legislature from the higher education facilities fund to make lease payments therefor.
And signed the same in the presence of the House.
Sovereign Lord, send us back to our homes and communities to be the persons You
designed and envisoned. Fill us, empower us, shape us, form us. Help us make this world a
better place, more like Your Kingdom.
Sovereign Lord, thank You for the year's blessings. Grant us traveling mercies as we return
home. In the name of Your Son, Jesus Christ. Amen.
Rep. Duenwald moved that the House do now adjourn sine die, which motion prevailed,
and at 7:21 p.m. the House adjourned.
The following was received after adjournment:
Mr. Speaker and Members of the House:
I have the honor to inform you that I have approved HB 1301, and the same has been
deposited in the office of the Secretary of State.