JOURNAL OF THE SENATE
THIRTY-THIRD DAY
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 26, 1999
The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of
Allegiance led by Senate page Brooke Hoebelheinrich.
Roll Call: All members present except Sen. Lange who was excused.
APPROVAL OF THE JOURNAL
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Respectfully submitted,
HAROLD HALVERSON, Chair
Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 1, 26, 38, 71, 95, 103, 110, 126, 127, 176, 177, and
216 and finds the same correctly enrolled.
Respectfully submitted,
Harold Halverson, Chair
Also MADAM PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB
47 and
60 and returns the same with the recommendation that said bills do pass.
Also MADAM PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB
98 and returns the same with the recommendation that said bill be amended as follows:
z-1298a
On page
1
,
delete lines
6
and
7 of the House State Affairs committee engrossed bill
,
and
insert "
All academic programs offered by the Board of Regents shall be provided
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB
66 which was tabled.
Also MADAM PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB
51 which was deferred to the 41st legislative day.
Respectfully submitted,
Randy Frederick, Chair
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has under consideration the
nomination of Scott A. Abdallah of Minnehaha County, Sioux Falls, South Dakota, to the Board
of Pardons and Paroles and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said appointment.
Respectfully Submitted,
Fred Whiting, Chair
MESSAGES FROM THE HOUSE
MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 68 was lost on second reading and
final passage.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1010 and 1017 which have been adopted by the
House and your concurrence is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 60, 162, 172, and 228 which have been amended
by the House and your concurrence in the amendments is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 1, 26, 38, 95, 110, 127, 177, and 216 which have
passed the House without change.
spectfully,
KAREN GERDES, Chief Clerk
Sen. Shoener moved that the Senate do concur in House amendments to SB 49.
The question being on Sen. Shoener's motion that the Senate do concur in House
amendments to SB 49.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Vitter; Whiting
Excused were:
Frederick; Lange; 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 House amendments to SB 65.
The question being on Sen. Everist's motion that the Senate do concur in House
amendments to SB 65.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Vitter; Whiting
Excused were:
Frederick; Lange; 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. Vitter moved that the Senate do concur in House amendments to SB 128.
The question being on Sen. Vitter's motion that the Senate do concur in House amendments
to SB 128.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Vitter; Whiting
Excused were:
Frederick; Lange; 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. Dunn (Rebecca) moved that the Senate do concur in House amendments to SB 171.
The question being on Sen. Dunn (Rebecca)'s motion that the Senate do concur in House
amendments to SB 171.
Sen. Rounds moved that action on Sen. Rebecca Dunn's motion to concur in House
amendments to SB 171 be deferred until Monday, March 1, the 34th legislative day.
Which motion prevailed and the motion to concur was so deferred.
Sen. Dennert moved that the Senate do concur in House amendments to SCR 8.
The question being on Sen. Dennert's motion that the Senate do concur in House
amendments to SCR 8.
And the roll being called:
Yeas 28, Nays 3, Excused 4, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lawler; Madden; Moore;
Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter
Nays were:
Everist; Staggers; Whiting
Excused were:
Dunn (Jim); Flowers; Frederick; Lange
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.
HCR 1011:
A CONCURRENT RESOLUTION,
Recognizing and endorsing the efforts of
the Good Bears of the World organization and their efforts on behalf of Children's Day.
Sen. Moore moved that the Senate do concur in HCR 1011 as found on page 569 of the
House Journal.
The question being on Sen. Moore's motion that the Senate do concur in HCR 1011.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim); Lange
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1011 was concurred in.
HCR 1010:
A CONCURRENT RESOLUTION,
Urging Congress to inform the public of
the costs of long-term care and to promote coverage of individuals under long-term care
insurance.
Was read the first time and the President waived the committee referral.
HCR 1017:
A CONCURRENT RESOLUTION,
Supporting country-of-origin labeling of
meat products.
Was read the first time and the President waived the committee referral.
CONSIDERATION OF REPORTS OF COMMITTEES
Sen. Rounds moved that the reports of the Standing Committees on
Commerce on HB 1302 as found on page 674 of the Senate Journal; also
Transportation on HB 1004 as found on page 676 of the Senate Journal; also
Education on HB 1229 as found on page 675 of the Senate Journal be adopted.
Which motion prevailed and the reports were adopted.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Monday, March 1, the 34th legislative day.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1210
:
FOR AN ACT ENTITLED, An Act to
provide a time to appeal notice of
termination to a school board and to conduct a hearing thereon.
Was read the second time.
The question being "Shall HB 1210 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Lange; Paisley
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 1211:
FOR AN ACT ENTITLED, An Act to
extend the time for filing of the record
in certain school appeals.
Was read the second time.
The question being "Shall HB 1211 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Lange; Paisley
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.
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1038:
FOR AN ACT ENTITLED, An Act to
revise the system of issuing and selling
certain licenses, permits, and stamps by agents of the Department of Game, Fish and Parks, to
repeal the reimbursement to counties for services rendered in such sales, and to provide
additional funds to the state animal damage control fund.
Was read the second time.
Sen. Rounds moved that HB 1038 be placed to follow HB 1287 on today's calendar.
Which motion prevailed and the bill was so placed.
Sen. Rounds moved that HB 1106 be immediately considered.
Which motion prevailed and HB 1106 was up for immediate consideration.
HB 1106:
FOR AN ACT ENTITLED, An Act to
repeal certain tax benefits available to
railroads, to revise certain provisions regarding the right of eminent domain for railroads, and
to revise the formula for assigning assessed railroad valuation to counties.
Was read the second time.
1106i
Sen. Rounds moved that HB 1106 be further amended as follows:
On page
3 of the Senate State Affairs committee engrossed bill
,
line
19
,
after "
Governor
"
insert "
or if directed by the Governor,
"
.
On page
3
,
line
22
,
delete "
may, without limitation,
"
and insert "
shall
"
.
On page
3
,
after line
25
,
insert:
"
Any appeal, pursuant to chapter 1-26, taken from a decision of the Governor or the
commission shall be handled as an expedited appeal by the courts of this state.
"
On page
4
,
line
10
,
delete "
clear and convincing
"
and insert "
a preponderance of the
"
.
On page
4
,
line
23
,
delete "
an irrevocable" and insert "a
"
.
On page
4
,
line
23
,
delete everything after "
lender
"
and insert "
or an investor or a
combination of each with adequate capitalization and resources to fulfill its commitment to
build and complete the project;
"
.
On page
4
,
delete lines
24
and
25
.
On page
5
,
line
1
,
delete "
(4)
"
and insert "
(3)
"
.
On page
5
,
line
3
,
delete "(5)" and insert "(4)".
On page
5
,
line
4
,
delete "
specifically
"
.
On page
5
,
line
8
,
delete "
(6)
"
and insert "
(5)
"
.
Which motion prevailed and the bill was so amended.
1106h
Sen. Rounds moved that HB 1106 be further amended as follows:
On page
5
,
after line
19 of the Senate State Affairs committee engrossed bill
,
insert:
"
Section 9. The provision of section 8 of this Act take effect upon the expiration of all
property tax credits certified pursuant to
§
10-28-21.1, which is repealed pursuant to section 2
of this Act.
"
Which motion prevailed and the bill was so amended.
The question now being "Shall HB 1106 pass as amended?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lawler; Madden;
Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Drake; Duxbury; Flowers; Kloucek; Moore; Staggers
Excused were:
Lange
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.
Sen. Rounds moved that HB 1038, 1164, 1163, 1184, 1282, 1283 and 1287 be deferred
until Monday, March 1, the 34th legislative day.
Which motion prevailed and the bills were so deferred.
MESSAGES FROM THE HOUSE
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1003 and 1121.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has approved SB 32 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.
spectfully,
KAREN GERDES, Chief Clerk
There being no objection, the Senate reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HJR
03 and returns the same with the recommendation that said Joint Resolution do pass.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration HB
78 and returns the same with the recommendation that said bill be amended as follows:
o-1178
On page
3
,
line
11 of the House engrossed bill
,
delete "
speech or language
"
and insert
"
mild
"
.
On page
3
,
delete lines
12
and
13
.
On page
3
,
line
14
,
delete "
(4)
"
and insert "
(2)
"
.
On page
3
,
line
14
,
delete "
four
"
and insert "
two
"
.
On page
3
,
line
15
,
delete "
(5)
"
and insert "
(3)
"
.
On page
3
,
line
15
,
delete "
five
"
and insert "
three
"
.
On page
3
,
line
17
,
delete "
(6)
"
and insert "
(4)
"
.
On page
3
,
line
17
,
delete "
six
"
and insert "
four
"
.
On page
3
,
line
18
,
delete "
(7)
"
and insert "
(5)
"
.
On page
3
,
line
18
,
delete "
seven
"
and insert "
five
"
.
On page
3
,
line
19
,
delete "
(8)
"
and insert "
(6)
"
.
On page
3
,
line
23
,
delete "
(9)
"
and insert "
(7)
"
.
On page
3
,
line
23
,
delete "
the maximum
"
and insert "
a
"
.
On page
3
,
line
24
,
delete "
pursuant to
§
13-37-36
"
and insert "
of one dollar and thirty-five
cents per thousand dollars of taxable valuation
"
.
On page
3
,
line
25
,
delete "
(10)
"
and insert "
(8)
"
.
On page
4
,
line
1
,
delete "
$1,795
"
and insert "
$3,504
"
.
On page
4
,
line
4
,
delete "
(11)
"
and insert "
(9)
"
.
On page
4
,
line
5
,
delete "
$3,913
"
and insert "
$7,914
"
.
On page
4
,
line
8
,
delete "
(12)
"
and insert "
(10)
"
.
On page
4
,
line
9
,
delete "
$5,987
"
and insert "
$10,116
"
.
On page
4
,
line
12
,
delete "
(13)
"
and insert "
(11)
"
.
On page
4
,
line
12
,
delete "
$7,590
"
and insert "
$14,705
"
.
On page
4
,
line
16
,
delete "
(14)
"
and insert "
(12)
"
.
On page
4
,
line
17
,
delete "
$9,772
"
and insert "
$15,808
"
.
On page
4
,
delete lines
20
to
25
, inclusive
.
On page
5
,
delete lines
1
and
2
.
On page
5
,
line
3
,
delete "
(17)
"
and insert "
(13)
"
.
On page
5
,
between lines
6
and
7
,
insert:
"(14) "Resident average daily membership," the average number of resident kindergarten
through twelfth grade pupils enrolled in all schools operated by the school district
during the previous regular school year plus the average number of pupils for whom
the district pays tuition and plus the average number of resident pupils enrolled in
another school district under the provisions of
§
13-28-40;
(15) "Nonpublic school," a sectarian organization or entity which is accredited by the
secretary of education and cultural affairs for the purpose of instructing children of
compulsory school age. This definition excludes any school that receives a majority
of its revenues from public funds;
(16) "Nonpublic average daily membership," the average number of kindergarten through
twelfth grade pupils enrolled during the previous regular school year in all nonpublic
schools located within the boundaries of the public school district plus the average
number of children under age sixteen who are approved for alternative instruction
pursuant to
§
13-27-2 during the previous school year;
(17) "Special education average daily membership," resident average daily membership
plus nonpublic average daily membership;
On page
5
,
line
8
,
delete "
number of students having a level one disability as reported on
the
"
.
On page
5
,
line
9
,
delete "
child count for the previous school fiscal year
"
and insert
"
special education average daily membership by 0.089 and multiply the result
"
.
On page
5
,
line
17
,
after "
number
"
insert "
of
"
.
On page
5
,
line
20
,
after "
number
"
insert "
of
"
.
On page
5
,
delete lines
23
to
25
, inclusive
.
On page
6
,
delete lines
1
to
3
, inclusive
.
On page
6
,
line
4
,
delete "
(h)
"
and insert "
(f)
"
.
On page
6
,
line
4
,
delete "
(g)
"
and insert "
(e)
"
.
On page
6
,
line
6
,
delete "
the maximum levy for the special education fund of a school
district
"
and insert "
$1.35.
"
On page
6
,
delete line
7
.
On page
7
,
line
7
,
after "
special education fund
"
insert "
twice
"
.
On page
7
,
delete lines
13
to
25
, inclusive
,
and insert:
"
Section 7. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as
follows:
For the transition period from school fiscal year 2000 through school fiscal year 2003, state
aid for special education shall be determined according to the following calculations:
(1) Multiply local need of a school district by 0.96 in school fiscal year 2000, 0.97 in
school fiscal year 2001, 0.98 in school fiscal year 2002, and 0.99 in school fiscal year
2003;
(2) After making the adjustment to local need pursuant to subdivision (1) of this section,
calculate state aid for special education pursuant to section 4 of this Act;
(3) Subtract the result of subdivision (2) from the amount of state aid received pursuant
to
§
13-37-36 or 13-37-43 in school fiscal year 1999;
(4) Multiply the result of subdivision (3) by 0.80 in school fiscal year 2000, 0.60 in
school fiscal year 2001, 0.40 in school fiscal year 2002, and 0.20 in school fiscal year
2003;
(5) Add the result of subdivision (2) to the result of subdivision (4);
(6) State aid for special education is the greater of the result of subdivision (2) or the
result of subdivision (5).
Section 8. That
§
13-37-44
be amended to read as follows:
13-37-44.
A school district's state aid for special education
as calculated pursuant to section
4 or section 7 of this Act
shall be reduced by the amount which its ending special education
fund balance exceeds twenty percent of its special education expenditures for the prior fiscal
year or fifty thousand dollars, whichever is greater, if the school district did not receive money
set aside in
§
§
13-37-38 to
13-37-40
, inclusive,
during the prior fiscal year; or the amount
which its ending special education fund balance exceeds five percent of its special education
expenditures for the prior fiscal year if the school district received money set aside in
§
§
13-37-38 to 13-37-40, inclusive, during the prior fiscal year.
"
On page
8
,
delete lines
1
to
3
, inclusive
.
On page
8
,
line
6
,
delete "
, for
"
and insert "
to
"
.
On page
8
,
line
8
,
delete "
or
"
and insert "
,
"
.
On page
8
,
line
9
,
after "
Act
"
insert "
, to establish and maintain state protocols to assist
school districts in developing individualized education plans, or to purchase assistive
technology for students with a level two, three, four, or five disability
"
.
On page
8
,
line
12
,
delete "
A level seven
"
and insert "
For the purpose of calculating state
aid pursuant to this chapter, a level five
"
.
On page
8
,
line
12
,
delete "
four
"
and insert "
two and three, excluding the disability of
deaf-blindness. Any child reported on the child count between ages three to five years old,
inclusive, may not be included as either a level two, three, four, or five disability.
"
On page
8
,
delete lines
13
to
18
, inclusive
.
On page
8
,
line
21
,
delete "
Section 5
"
and insert "
Section 9
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration HB
18 and returns the same with the recommendation that said bill be amended as follows:
z-1218h
On page
1
,
line
4 of the House engrossed bill
,
delete "
first
"
.
On page
1
,
line
4
,
after "
loan
"
insert "
and scholarship
"
.
On page
1
,
line
5
,
after "
loans
"
insert "
and scholarships
"
.
On page
1
,
line
9
,
delete "
:
"
and insert "
is a full-time student at an eligible institution;
"
.
On page
1
,
delete lines
10
to
15
, inclusive
.
On page
2
,
delete lines
1
to
6
, inclusive
.
On page
2
,
line
7
,
delete "
first
"
.
On page
2
,
line
7
,
after "
loan
"
insert "
and scholarship
"
.
On page
2
,
delete line
8
.
On page
2
,
line
9
,
delete "
first
"
.
On page
2
,
line
9
,
after "
loan
"
insert "
and scholarship
"
.
On page
2
,
line
17
,
delete "
first
"
.
On page
2
,
line
17
,
after "
loan
"
insert "
and scholarship
"
.
On page
2
,
line
19
,
after "
loans
"
insert "
and scholarships
"
.
On page
2
,
line
23
,
after "
loans
"
insert "
and scholarships
"
.
On page
3
,
line
1
,
after "
loan
"
insert "
or scholarship
"
.
On page
3
,
line
4
,
after "
loan
"
insert "
and scholarship
"
.
On page
3
,
line
4
,
after "
loans
"
insert "
and scholarships
"
.
On page
3
,
line
8
,
after "
loan
"
insert "
or scholarship
"
.
On page
3
,
line
9
,
delete everything after "
board.
"
On page
3
,
delete lines
10
to
22
, inclusive
.
On page
3
,
line
23
,
delete "
ten
"
and insert "
eight
"
.
On page
3
,
line
25
,
after "
loan
"
insert "
or scholarship
"
.
On page
4
,
line 3,
delete everything after "
Section 9.
"
and insert "
The board may establish
program requirements which allow eligible students to qualify for forgiveness of a loan or loans
received through the program.
"
On page
4
,
delete lines
4
to
25
, inclusive
.
On page
5
,
delete lines 1 to 3, inclusive.
On page
5
,
line
6
,
delete "
first
"
.
On page
5
,
line
6
,
after "
loan
"
insert "
and scholarship
"
.
On page
5
,
line
6
,
after "
loans
"
insert "
and scholarships
"
.
On page
5
,
line
8
,
delete "
one
"
and insert "
eight
"
.
On page
5
,
line
8
,
delete "
thirty-six
"
and insert "
sixteen
"
.
On page
5
,
line
9
,
delete "
($136,000)
"
and insert "
($816,000)
"
.
On page
5
,
line
13
,
after "
loans
"
insert "
and scholarships
"
.
On page
5
,
line
14
,
after "
loans
"
insert "
and scholarships
"
.
On page
5
,
line
21
,
after "
loans
"
insert "
and scholarships
"
.
On page
5
,
delete lines
22
to
24
, inclusive
.
C-1218a
On page
1
,
line
5 of the House engrossed bill
,
delete "
state-supported universities
"
and
insert "
institutions of higher education located in South Dakota
"
.
On page
2
,
line
15
,
delete everything after "
"Eligible institution,"
"
and insert "
any
accredited institution of higher education located in South Dakota.
"
On page
2
,
delete line
16
.
On page
5
,
line
11
,
delete "
university's
"
and insert "
institution's
"
.
On page
5
,
line
12
,
delete "
system
"
and insert "
statewide
"
.
On page
5
,
line
12
,
after "
enrollment
"
insert "
of South Dakota residents
"
.
Z-1218ta
On page
1
,
line
1 of the House engrossed bill
,
after "
loan
"
insert "
and scholarship
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration HB
93 and returns the same with the recommendation that said bill be amended as follows:
o-1293
On page
1
,
line
4 of the House engrossed bill
,
after "
60-9
"
insert "
and recognized as the
exclusive representative of an employee unit
"
.
On page
1
,
line
8
,
delete everything after "
notice.
"
.
On page
1
,
delete lines
9
to
11
, inclusive
,
and insert:
"
Section 2. Any member of an employee or a labor organization as of the effective date of
this Act is deemed to have been given notice and authorized political activity if the employee
or labor organization issues information on a periodic basis detailing the activity. A periodic
basis is not less than four times per year.
Section 3. For the purposes of this Act, the term, political activity, means any contribution,
expenditure, or valuable consideration in whatever form:
(1) To a candidate, candidate's committee, political party committee, ballot question
committee, or political action committee;
(2) In furtherance of or to defeat the nomination of any person as a candidate for public
office or the election of any person to public office; or
(3) In furtherance of or to defeat any constitutional amendment, initiated measure,
referred law, or other question submitted to the voters of the whole state.
The term does not include lobbying.
"
o-1293a
To amend the pending amendment (o-1293) by adding:
On page
1
,
line
6 of the House engrossed bill
,
after "
for
"
delete "
the
"
.
O-1293b
On the previously adopted amendment (o-1293), first sentence of Section 2, before
"authorized" insert "to have".
O-1293c
On the previously adopted amendment (o-1293), first sentence of Section 2, after "an"
delete "employee or a labor".
In the first sentence of Section 2 after "if the" delete "employee or labor".
At the end of Section 2, insert "This section does not apply to any political party."
O-1293d
On page
1
,
line
4 of the House engrossed bill
,
delete "
employee or labor
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HCR
08 and
09 and returns the same with the recommendation that said resolutions be
concurred in and be placed on the Consent Calendar.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration HB
59 and
92 which were deferred to the 41st legislative day.
Respectfully submitted,
Harold Halverson, Chair
The President publicly read the title to
SB 1:
FOR AN ACT ENTITLED, An Act to
revise the procedure for the valuation of real
property.
SB 26:
FOR AN ACT ENTITLED, An Act to
authorize the sale of a tract of land in
Brookings County used by the Agricultural Experiment Station research program, to provide
for the deposit of the sale proceeds, and to revise the allocation of the Board of Regents
endowed institution interest and income fund to reflect the value of such sale.
SB 38:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding the
transfer of funds from the regulated substance response fund and to make an appropriation to
the fund.
SB 71:
FOR AN ACT ENTITLED, An Act to
require notice to landowners before entry
on private lands for certain planning commission functions.
SB 95:
FOR AN ACT ENTITLED, An Act to
regulate certain livestock packer
transactions.
SB 103:
FOR AN ACT ENTITLED, An Act to
revise the election procedure for forming
a municipality.
SB 110:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
electronic filing of tax returns and tax payments.
SB 126:
FOR AN ACT ENTITLED, An Act to
provide for the confidentiality of certain
ambulance patient information.
SB 127:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
financial arrangements school districts may have with the Health and Educational Facilities
Authority.
SB 176:
FOR AN ACT ENTITLED, An Act to
restrict the possession of firearms on
certain off-road vehicles.
SB 177:
FOR AN ACT ENTITLED, An Act to
require the Department of Revenue to
conduct a pilot program granting limited access to certain secured parties concerning liens and
to provide rule-making authority to implement the pilot program.
SB 216:
FOR AN ACT ENTITLED, An Act to
make an appropriation for adult basic
education.
And signed the same in the presence of the Senate.
Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 2:05
p.m. the Senate adjourned.