The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of
Allegiance led by Senate page Talia Bollinger.
Roll Call: All members present.
March 1, 1999
January 21, 1999
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Section 9, Article IV of the South Dakota Constitution and
Chapters 1-32 and 33-1 of the South Dakota Codified Laws and subject to your consent, I have
the honor to inform you that I have appointed Philip G. Killey, Pennington County, Rapid City,
South Dakota, Adjutant General of South Dakota.
This appointment is effective January 9, 1999, and shall continue at the pleasure of the
Governor.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports the House and Senate have,
pursuant to the recommendation of the Governor as to corrections in style and form of SB 32
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 3:44 p.m., March 1,
1999.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 60, 162, 171, 172, and 228 and finds the same
correctly enrolled.
Sen. Rounds moved that the Senate do now recess until 1:00 p.m., which motion prevailed
and at 9:20 a.m., the Senate recessed.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 49, 65, 128, and 249
were delivered to his Excellency, the Governor, for his approval at 11:29 a.m., March 2, 1999.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 89, 164, 186, and 243 and finds the same correctly
enrolled.
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 130 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 130 be amended as follows:
On page 2, line 3, of the House engrossed bill, after "felony" insert "for any third or
subsequent offense".
Respectfully submitted, Respectfully submitted,
THOMAS HENNIES FRED WHITING
DONALD E. MUNSON KENNETH D. ALBERS
MIKE WILSON GARRY MOORE
House Committee Senate Committee
MADAM PRESIDENT:
I have the honor to return herewith SB 209 which has 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 89, 164, 186, and 243 which have passed the House
without change.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 156 and 191 were lost on second
reading and final passage.
Sen. Olson moved that the Committee on Appropriations be instructed to deliver HB 1166
to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
HCR 1008:
A CONCURRENT RESOLUTION,
Urging the United States Congress to
establish an equitable policy related to the tax deductibility of health insurance premiums.
Was read the second time.
Sen. Arnold Brown moved that the Senate do concur in HCR 1008 as found on page 508
of the House Journal.
The question being on Sen. Arnold Brown's motion that the Senate do concur in HCR
1008.
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Lange; Lawler; Madden; Moore; 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 HCR 1008 was concurred in.
Sen. Hainje moved that the Senate do concur in House amendments to SB 138.
The question being on Sen. Hainje's motion that the Senate do concur in House
amendments to SB 138.
And the roll being called:
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. Halverson moved that the Senate do concur in House amendments to SB 149.
The question being on Sen. Halverson's motion that the Senate do concur in House
amendments to SB 149.
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Lange; Lawler; Madden; Moore; 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.
HCR 1016:
A CONCURRENT RESOLUTION,
Encouraging the Board of Regents to fix
a special tuition rate for nonresident students of exceptional talent and ability whose parents
were graduated by state universities.
Was read the second time.
Sen. Reedy moved that the Senate do concur in HCR 1016 as found on page 727 of the
House Journal.
The question being on Sen. Reedy's motion that the Senate do concur in HCR 1016.
Nays were:
Benson; Bogue; Brosz; Daugaard; Drake; Dunn (Jim); Frederick; Hainje; Halverson; Ham;
Madden; Paisley; Rounds; Staggers; 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 HCR 1016 was concurred in.
Sen. Rounds moved that HB 1178 be placed to precede HB 1302 on today's calendar.
Which motion prevailed and the bill was so placed.
HB 1178:
FOR AN ACT ENTITLED, An Act to
revise the state aid for special education
funding formula.
Was read the second time.
The question being "Shall HB 1178 pass as amended?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent and Not Voting 0
Yeas were:
Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Nays were:
Albers; Duxbury; Moore
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 1302:
FOR AN ACT ENTITLED, An Act to
prohibit certain deceptive advertising
practices.
Was read the second time.
The question being "Shall HB 1302 pass as amended?"
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn
(Rebecca); Duxbury; Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Symens;
Valandra; Vitter; Whiting
Nays were:
Drake; Everist; Hainje; Paisley; Staggers
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 1151: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.
The question being "Shall HB 1151 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1184:
FOR AN ACT ENTITLED, An Act to
allow for the transfer of money from a
school district's special education fund to its general fund under certain circumstances.
Having had its second reading was up for consideration and final passage.
Sen. Rounds moved that HB 1184 be placed to follow HB 1298 on today's calendar.
Which motion prevailed and the bill was so placed.
Sen. Rounds moved that HB 1004 be deferred until Wednesday, March 3, the 36th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1218:
FOR AN ACT ENTITLED, An Act to
create a postsecondary education loan and
scholarship program and to make an appropriation therefor.
Was read the second time.
Sen. Halverson moved that HB 1218 be deferred until the 41st legislative day.
The question being on Sen. Halverson's motion that HB 1218 be deferred until the 41st
legislative day.
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0
Yeas were:
Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury;
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Madden; Munson (David); Paisley;
Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Albers; Dunn (Rebecca); Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy;
Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the bill was so deferred.
HB 1293:
FOR AN ACT ENTITLED, An Act to
protect an employee's pay check by
requiring prior written authorization to collect fees for political activity.
Was read the second time.
Sen. Whiting moved that HB 1293 be deferred until the 41st legislative day.
Nays were:
Madden
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the bill was so deferred.
HB 1298:
FOR AN ACT ENTITLED, An Act to
require all programs and degrees
provided by the Board of Regents be offered or conferred by the existing institutions.
Was read the second time.
"
Section
1.
That
§
3-18-3
be amended to read as follows:
3-18-3.
Representatives designated or selected for the purpose of formal representation by
the majority of the employees in a unit appropriate for such purposes shall be the exclusive
representatives of all employees in such unit for the purpose of representation in respect to rates
of pay, wages, hours of employment, or other conditions of employment; provided that
salary
increases for Board of Regents' faculty and exempt staff may only be distributed to address
institutional priorities, program needs, performance meeting or exceeding expectations, or
internal or external market considerations. Notwithstanding any other provision of this section,
any individual employee, or a group of employees, shall have the right at any time to present
grievances to their employer and to have such grievances adjusted without the intervention of
the formal representative as long as the adjustment is not inconsistent with the terms of any
settlement with the formal representative then in effect
, and
;
provided that the formal
representative has been given opportunity to be present at such adjustment.
Sen. Rounds moved that HB 1298 be deferred until Wednesday, March 3, the 36th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1184:
FOR AN ACT ENTITLED, An Act to
allow for the transfer of money from a
school district's special education fund to its general fund under certain circumstances.
Having had its second reading was up for consideration and final passage.
Sen. Rounds moved that HB 1184 be deferred until Wednesday, March 3, the 36th
legislative day.
Which motion prevailed and the bill was so deferred.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 138 and 149 and finds the same correctly enrolled.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1166, which was removed from the table, and returns the same with the recommendation
that said bill do not pass.
We hereby request your favorable consideration in approving the recommendation of the
Governor as to style and form on HB 1230.
The President publicly read the title to
SB 60:
FOR AN ACT ENTITLED, An Act to
establish certain criteria for the state trunk
highway system.
SB 89:
FOR AN ACT ENTITLED, An Act to
clarify average daily membership in the state
aid to education formula.
SB 138:
FOR AN ACT ENTITLED, An Act to
provide limited liability for the use of
automated external defibrillators.
SB 149:
FOR AN ACT ENTITLED, An Act to
require the establishment of a cost recovery
method or mechanism for telecommunication companies to recover the cost of certain mandated
services and to revise certain provisions regarding dialing parity.
SB 162:
FOR AN ACT ENTITLED, An Act to
increase the penalty for second convictions
for criminal pedophilia.
SB 164:
FOR AN ACT ENTITLED, An Act to
prohibit certain practices by certain
livestock packers and live poultry dealers.
SB 171:
FOR AN ACT ENTITLED, An Act to
require the suspension of driving privileges
in connection with certain acts of vandalism.
SB 172:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
disclosure of damage on motor vehicles.
SC 16
Introduced by:
Senator Kloucek and Representatives Putnam and Wudel
A LEGISLATIVE COMMEMORATION,
Recognizing and commending the Kuchen Festival
on October 17, 1999, in Delmont, South Dakota.
and the surrounding area, for their outstanding traditional Kuchen Festival and invites all South
Dakotans to participate in the Kuchen Festival on October 17, 1999.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Wednesday, March 3, the 36th legislative day.
Which motion prevailed.
Sen. Rounds moved that the Senate do now adjourn, which motion prevailed, and at 2:40
p.m. the Senate adjourned.