The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Father Darrell V. Lamberty, followed by the
Pledge of Allegiance led by Senate page Kathy Johnson.
Roll Call: All members present.
The Senate reconvened at 10:00 a.m., the President presiding.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 54, 111, 151, 194, 205, 211, 237, and 238 and finds
the same correctly enrolled.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 145, 217, 218, 219,
and 221 were delivered to his Excellency, the Governor, for his approval at 9:43 a.m., March
4, 1999.
MADAM PRESIDENT:
I have the honor to return herewith SB 28 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 188 which has passed the House without change.
Sen. Rounds moved that SB 101 be placed to follow SCR 14 on today's calendar.
Which motion prevailed and the bill was so placed.
Sen. Daugaard moved that the Senate do concur in House amendments to SB 161.
The question being on Sen. Daugaard's motion that the Senate do concur in House
amendments to SB 161.
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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Frederick
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 House amendments to SB 233.
The question being on Sen. Rounds' motion that the Senate do concur in House
amendments to SB 233.
Sen. Halverson moved the previous question.
Which motion prevailed.
And the roll being called:
Nays were:
Staggers
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.
SCR 14:
A CONCURRENT RESOLUTION,
Declaring March 14, 1999, as James Stoick
Day.
Was read the second time.
Sen. Drake moved that SCR 14 as found on page 767 of the Senate Journal be adopted.
The question being on Sen. Drake's motion that SCR 14 be adopted.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 14 was adopted.
Sen. Rounds moved that SB 101 be placed on the addendum to the calendar of Thursday,
March 4, the 37th legislative day.
Which motion prevailed.
MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1012 and 1014 which have been adopted by the
House and your concurrence is respectfully requested.
HCR 1012:
A CONCURRENT RESOLUTION,
Calling upon the United States
Department of Justice to investigate collusive practices in the midwestern food processing
industries.
Was read the first time and the President waived the committee referral.
Sen. Rounds moved that the Senate do now recess until 1:00 p.m., which motion prevailed
and at 10:45 a.m., the Senate recessed.
The Senate reconvened at 1:00 p.m., the President presiding.
MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1019 which has been adopted by the House and
your concurrence is respectfully requested.
The Senate reconvened at 1:40 p.m., the President presiding.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 161, 188, and 233 and finds the same correctly
enrolled.
MADAM PRESIDENT:
I have the honor to return herewith SB 59 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 200 was lost on second reading and
final passage.
Sen. Rounds moved that the Senate do not concur in House amendments to SB 101 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. Bogue,
Frederick, and Hutmacher.
Nays were:
Bogue; Staggers
Excused were:
Dunn (Rebecca)
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 1012:
A CONCURRENT RESOLUTION,
Calling upon the United States
Department of Justice to investigate collusive practices in the midwestern food processing
industries.
Was read the second time.
Sen. Kloucek moved that the Senate do concur in HCR 1012 as found on page 638 and
amended on page 838 of the House Journal.
The question being on Sen. Kloucek's motion that HCR 1012 be concurred in as amended.
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent and Not Voting 0
Yeas were:
Dennert; Duxbury; Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson;
Reedy; Symens; Valandra
Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Madden; Munson (David); Paisley; Rounds; Shoener;
Staggers; Vitter; Whiting
HCR 1014:
A CONCURRENT RESOLUTION,
Requesting the United States Congress
to enact legislation prohibiting the United States Postal Service from selling nonmonopoly
goods and services.
Was read the second time.
Sen. Everist moved that the Senate do concur in HCR 1014 as found on page 706 of the
House Journal.
The question being on Sen. Everist's motion that HCR 1014 be concurred in.
And the roll being called:
Yeas 23, Nays 10, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Duxbury; Everist;
Frederick; Halverson; Ham; Kleven; Lawler; Madden; Munson (David); Paisley; Reedy;
Rounds; Shoener; Staggers; Vitter; Whiting
Nays were:
Brosz; Dennert; Hainje; Hutmacher; Kloucek; Lange; Moore; Olson; Symens; Valandra
Excused were:
Dunn (Rebecca); Flowers
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1014 was concurred in.
HCR 1019:
A CONCURRENT RESOLUTION,
Recognizing Doug Sombke for being
selected Outstanding Young Farmer at the National Outstanding Young Farmers Award
Congress.
Was read the first time and the President waived the committee referral.
"
Section 6. That
§
13-28-45
be amended to read as follows:
13-28-45.
The parent or guardian of a student who has been accepted for transfer is
responsible for transporting the student to school in the receiving district without
reimbursement. Either the district of residence or the receiving district may provide
transportation to students approved for transfer.
The provisions of
§
13-29-4 do not apply when
transporting students enrolled under the provisions of
§
§
13-28-40 to 13-28-47.
The receiving
district may charge a reasonable fee if the student elects to use the transportation services
offered by the receiving district.
"
Sen. Everist moved that the report of the Conference Committee on SB 209 be adopted.
The question being on Sen. Everist's motion that the report of the Conference Committee
on SB 209 be adopted.
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent and Not Voting 0
Yeas were:
Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury;
Everist; Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden;
Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens;
Valandra; Whiting
Excused were:
Dunn (Rebecca); Hainje; Vitter
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.
Sen. Everist moved that the report of the Conference Committee on HB 1075 be adopted.
The question being on Sen. Everist's motion that the report of the Conference Committee
on HB 1075 be adopted.
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Flowers;
Frederick; Hainje; Halverson; Ham; Hutmacher; Lange; Lawler; Madden; Munson (David);
Olson; Paisley; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Brosz; Drake; Duxbury; Kleven; Kloucek; Moore; Reedy
Excused were:
Dunn (Rebecca)
Sen. Rounds moved that the Senate do concur in House amendments to SB 59.
The question being on Sen. Rounds' motion that the Senate do concur in House
amendments to SB 59.
And the roll being called:
Yeas 34, Nays 1, 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;
Lange; Lawler; Madden; Moore; 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 amendments were concurred in.
HCR 1019: A CONCURRENT RESOLUTION, Recognizing Doug Sombke for being selected Outstanding Young Farmer at the National Outstanding Young Farmers Award Congress.
The President publicly read the title to
SB 54:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
review of necessity of treatment for court-ordered administration of psychotropic medication.
SB 111:
FOR AN ACT ENTITLED, An Act to
establish certain provisions regarding the
taxation of the gross receipts of a professional employer organization.
SB 151:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
prices for residential and business local exchange service that may be charged by certain
telecommunications companies.
SB 161:
FOR AN ACT ENTITLED, An Act to
establish a procedure for bringing taxes
current and issuing certain permits, and to establish certain penalties.
SB 188:
FOR AN ACT ENTITLED, An Act to
limit the application of capital punishment.
SB 194:
FOR AN ACT ENTITLED, An Act to
provide certain restrictions for dealership
contracts for machinery.
SB 205:
FOR AN ACT ENTITLED, An Act to
revise the procedures between contracting
school districts.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 54, 111, 151, 161,
194, 205, 211, 233, 237, and 238 were delivered to his Excellency, the Governor, for his
approval at 2:40 p.m., March 4, 1999.
MADAM PRESIDENT:
I have the honor to return herewith SB 88 which has passed the House without change.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 210 was tabled.
Sen. Rounds moved that the Senate do now adjourn, which motion prevailed, and at 3:25
p.m. the Senate adjourned.