The Senate convened at 10:30 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Edwin Brown, followed by the Pledge of
Allegiance led by Senate page Holly Casanova.
Roll Call: All members present.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 28, 59, and 88 and finds the same correctly enrolled.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1179 which has passed the House and your
favorable consideration is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to return herewith SCR 4 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1018 and 1020 which have been adopted by the
House and your concurrence is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Cutler,
Wetz, and Haley as a committee of three on the part of the House to meet with a like committee
on the part of the Senate to adjust the differences between the two houses on SB 101.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1151 and has appointed Reps. Cutler, McNenny, and Lucas as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
Also MADAM PRESIDENT:
I have the honor to return herewith SCR 9, 13, and 14 in which the House has concurred.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1004, 1178, 1184, 1292, 1298, and 1302.
SENATE PAGE RESOLUTION 4: Introduced by: Senators 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, and Whiting
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-
fourth Legislature of the State of South Dakota to Eleanor Alexander, Jacob Barclay, Talia
Bollinger, Holly Casanova, Joy Anna Freed, Brooke Hoebelheinrich, Kevin Jaeger, Kathy
Johnson, Dara Lunder, Jennifer Muller, and Mark Papousek.
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fourth
Legislature; and
WHEREAS, the members of the Seventy-fourth Senate 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 Senate of the Seventy-fourth
Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified
and furnished to each on this last day of service.
Sen. Rounds moved that Senate Page Resolution 4 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 4 be adopted.
Excused were:
Whiting
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and Senate Page Resolution 4 was adopted.
SCR 15
Introduced by:
Senators Rounds, Albers, Bogue, Brosz, Brown (Arnold),
Daugaard, Dennert, Drake, Dunn (Jim), Duxbury, Everist, Flowers, Frederick, Hainje,
Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange, Lawler, Moore, Munson (David), Olson,
Paisley, Reedy, Shoener, Staggers, Symens, and Whiting and Representatives Cutler, Apa,
Broderick, Brooks, Brown (Jarvis), Brown (Richard), Burg, Cerny, Chicoine, Clark, Crisp,
Davis, Derby, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Duniphan, Earley, Eccarius,
Engbrecht, Fiegen, Fischer-Clemens, Fryslie, Garnos, Haley, Hanson, Hennies, Hunt, Jaspers,
Juhnke, Kazmerzak, Klaudt, Koetzle, Konold, Kooistra, Koskan, Lockner, Lucas, McCoy,
McIntyre, McNenny, Michels, Monroe, Munson (Donald), Nachtigal, Napoli, Patterson,
Peterson, Pummel, Putnam, Richter, Sebert, Slaughter, Smidt, Solum, Sutton (Daniel), Sutton
(Duane), Volesky, Weber, Wetz, Wilson, Windhorst, Wudel, and Young
A CONCURRENT RESOLUTION,
Encouraging the resolution of all unresolved aspects of the
Dakota, Minnesota, and Eastern's proposed expansion.
SCR 15:
A CONCURRENT RESOLUTION,
Encouraging the resolution of all unresolved
aspects of the Dakota, Minnesota, and Eastern's proposed expansion.
Was read the second time.
Sen. Rounds moved that SCR 15 be adopted.
The question being on Sen. Rounds' motion that SCR 15 be adopted.
And the roll being called:
Yeas 33, Nays 1, 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; Valandra
Nays were:
Vitter
Excused were:
Whiting
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 15 was adopted.
Nays were:
Everist; Hainje; Halverson; Staggers; Whiting
Excused were:
Dunn (Jim)
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 1018:
A CONCURRENT RESOLUTION,
Calling upon the United States Congress
and the Legislatures of Minnesota, South Dakota, Iowa, and Nebraska to assist in the
development of locally-owned facilities for meat and grain processing.
Was read the first time and the President waived the committee referral.
HCR 1018:
A CONCURRENT RESOLUTION,
Calling upon the United States Congress
and the Legislatures of Minnesota, South Dakota, Iowa, and Nebraska to assist in the
development of locally-owned facilities for meat and grain processing.
Was read the second time.
Sen. Kloucek moved that the Senate do concur in HCR 1018 as found on page 740 and
amended on page 839 of the House Journal.
The question being on Sen. Kloucek's motion that HCR 1018 as amended be concurred in.
And the roll being called:
Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Everist; Frederick; Hainje;
Halverson; Ham; Madden; Munson (David); Paisley; Rounds; Shoener; Staggers; Whiting
Excused were:
Dunn (Jim)
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HCR 1020:
A CONCURRENT RESOLUTION,
Expressing the Legislature's condolences
upon the occasion of the death of J.D. Kesling.
Was read the first time and the President waived the committee referral.
HCR 1020:
A CONCURRENT RESOLUTION,
Expressing the Legislature's condolences
upon the occasion of the death of J.D. Kesling.
Was read the second time
Sen. Drake moved that the Senate do concur in HCR 1020 as found on page 906 of the
House Journal.
The question being on Sen. Drake's motion that HCR 1020 be concurred in.
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 HCR 1020 was concurred in.
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.
Was read the second time.
"
Section 36. $530,449 other funds appropriated to the Division of Medical Services within
the Department of Social Services are Youth-at-risk trust fund earnings to be spent on the
Children's Health Insurance Program.
"
Sen. Olson moved the previous question on both the motion to amend and the bill.
Which motion prevailed.
The question being "Shall HB 1179 be further amended?"
Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds;
Shoener; Staggers; Vitter; Whiting
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
The question now being "Shall HB 1179 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.
Sen. Rounds moved that the report of the Conference Committee on HB 1151 be adopted.
The question being on Sen. Rounds' motion that the report of the Conference Committee
on HB 1151 be adopted.
And the roll being called:
I have the honor to return herewith SCR 15 in which the House has concurred.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on HB 1053, 1075, 1076, 1116, 1151, 1207, and 1258 and SB 101,
130, and 209.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adjourned to reconvene
at 12 noon on Tuesday, March 23, the 39th legislative day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 130 and 209 and finds the same correctly enrolled.
The President publicly read the title to
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.
SB 209:
FOR AN ACT ENTITLED, An Act to
provide certain incentives for school
consolidation and to require cooperative education service units to provide certain information
to the Department of Education and Cultural Affairs and to clarify provisions relating to the
transportation of certain students.
HB 1004:
FOR AN ACT ENTITLED, An Act to
repeal performance-based budgeting.
HB 1178:
FOR AN ACT ENTITLED, An Act to
revise the state aid for special education
funding formula.
HB 1184:
FOR AN ACT ENTITLED, An Act to
allow for the transfer of Harmony Hill
to the State of South Dakota.
HB 1292:
FOR AN ACT ENTITLED, An Act to
integrate state telecommunications, to
reconstitute and continue the 911 task force, to regulate the forming of new public safety
answering points, and to provide for state contracting of certain emergency communication
services.
HB 1298:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
contract negotiations by certain public employees.
HB 1302:
FOR AN ACT ENTITLED, An Act to
prohibit certain deceptive advertising
practices.
And signed the same in the presence of the Senate.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 12:00 noon, March 23, the 39th legislative day.
Sen. Rounds moved that the Senate do now adjourn, which motion prevailed, and at 12:00
noon the Senate adjourned.