The Senate convened at 2:00 p.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 Lindsey Wagner.
Roll Call: All members present except Sen. Symens who was excused.
Excused were:
Symens
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The President also introduced Anna Kerner, Burke, 1998-99 National Beef Ambassador
Incentive Winner, who is also currently serving as a Senate page. Her sponsor, Sen. Hutmacher,
escorted her to the rostrum.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 35 and 67 were
delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 2, 1999.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 7, 9, 42, and 51 were
delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 2, 1999.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 19, 20, and 21 and finds the same correctly enrolled.
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SB 187 which was tabled.
The Committee on Commerce respectfully reports that it has had under consideration SB
98 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
32-7A-11.
New and used mobile homes and manufactured homes owned by a dealer may
be transported upon the streets and highways to the dealer's place of business and to the
purchaser of such a home and between a dealer's place of business and a supplemental lot or a
temporary supplemental lot.
Any transport of a mobile home or manufactured home by a dealer
shall be accompanied with a permit stating the point of origin and the point of destination. The
dealer shall provide a copy of the permit to the director of equalization in the county of origin
and to the director of equalization in the county of destination.
"
The Committee on Commerce respectfully reports that it has had under consideration SB
148 which was tabled.
The Committee on Commerce respectfully reports that it has had under consideration SB
113 which was deferred to the 41st legislative day.
The Committee on Education respectfully reports that it has had under consideration HB
1032 and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration SB
169 which was deferred to the 41st legislative day.
The Committee on Transportation respectfully reports that it has had under consideration SB 146 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.
The Committee on Transportation respectfully reports that it has had under consideration
SB 133 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Transportation respectfully reports that it has had under consideration
SB 152 which was deferred to the 41st legislative day.
MADAM PRESIDENT:
I have the honor to return herewith SB 33 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 1003 which has been adopted by the House and
your concurrence is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1070, 1075, 1087, 1108, 1109, 1112, 1126, 1140,
and 1143 which have passed the House and your favorable consideration is respectfully
requested.
I have the honor to return herewith SB 19, 20, and 21 which have passed the House without
change.
HCR 1003:
A CONCURRENT RESOLUTION,
Recognizing an agriculture crisis day.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Yesterday, Sen. Everist announced her intention to reconsider the vote by which HB 1061
was lost.
Sen. Everist moved to reconsider the vote by which HB 1061 was lost.
The question being on Sen. Everist's motion to reconsider the vote by which HB 1061 was
lost.
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Brosz; Brown (Arnold); Drake; Dunn (Rebecca); Duxbury; Everist; Hainje; Halverson;
Ham; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Valandra; Whiting
Nays were:
Benson; Bogue; Daugaard; Dennert; Dunn (Jim); Flowers; Frederick; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Olson; Shoener; Staggers; Vitter
Excused were:
Symens
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1061 was up for reconsideration and final
passage.
Sen. Everist moved that HB 1061 be placed on the calendar of Wednesday, February 3, the 17th legislative day.
Sen. Halverson moved that the rules be suspended for the sole purpose of introducing a bill
relating to the distribution of Gaming Commission funds and legislative approval for
Deadwood's revenue bonds for historic preservation.
The question being on Sen. Halverson's motion that the rules be suspended for the sole
purpose of introducing a bill relating to the distribution of Gaming Commission funds and
legislative approval for Deadwood's revenue bonds for historic preservation.
And the roll being called:
Yeas 32, Nays 1, 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; Kloucek; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Valandra; Vitter; Whiting
Nays were:
Kleven
Excused were:
Dunn (Jim); Symens
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 rules were suspended for introduction
of the bill.
SB 248
Introduced by:
Senator Halverson and Representative Cutler
FOR AN ACT ENTITLED, An Act to
revise the distribution of Gaming Commission
funds and to require legislative approval on the city of Deadwood's ability to obtain revenue
bonds for historic preservation.
Was read the first time and referred to the Committee on State Affairs.
Sen. Everist requested that SB 202 be removed from the Consent Calendar.
Sen. Moore requested that HB 1035 and 1036 be removed from the Consent Calendar.
HB 1059:
FOR AN ACT ENTITLED, An Act to
provide a procedure for assigning certain
staggered terms for the elected board members of an improvement district.
Was read the second time.
The question being "Shall HB 1059 pass?"
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; Valandra; Vitter; Whiting
Excused were:
Symens
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. Whiting now presiding.
SB 115:
FOR AN ACT ENTITLED, An Act to
require a landowner to apply to the director
of equalization and to request the use of the marshland soils rating classification to value certain
agricultural land.
Was read the second time.
The question being "Shall SB 115 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; 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; Valandra; Vitter; Whiting
Excused were:
Bogue; Symens
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.
SB 2:
FOR AN ACT ENTITLED, An Act to
provide for the recovery of certain expenses
in an action brought by an appellant relative to the assessment, allocation, or distribution of
centrally assessed property.
Was read the second time.
Sen. Lawler moved the previous question.
The question being "Shall SB 2 pass as amended?"
And the roll being called:
Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0
Yeas were:
Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist;
Flowers; Frederick; Halverson; Hutmacher; Kleven; Lange; Lawler; Moore; Munson (David);
Olson; Paisley; Reedy; Staggers
Nays were:
Albers; Bogue; Drake; Dunn (Jim); Hainje; Ham; Kloucek; Madden; Rounds; Shoener;
Valandra; Vitter; Whiting
Excused were:
Symens
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.
SB 49:
FOR AN ACT ENTITLED, An Act to
repeal the subsequent injury fund.
Was read the second time.
The question being "Shall SB 49 pass as amended?"
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim);
Duxbury; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Lange; Lawler; Madden;
Moore; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Vitter; Whiting
Nays were:
Dunn (Rebecca); Kleven; Kloucek; Reedy; Valandra
Excused were:
Everist; Symens
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.
The question being "Shall SB 75 pass as amended?"
And the roll being called:
Yeas 21, Nays 12, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Hainje;
Halverson; Ham; Hutmacher; Lange; Madden; Munson (David); Olson; Paisley; Rounds;
Shoener; Vitter; Whiting
Nays were:
Dennert; Drake; Dunn (Rebecca); Duxbury; Flowers; Kleven; Kloucek; Lawler; Moore; Reedy;
Staggers; Valandra
Excused were:
Frederick; Symens
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the bill lost.
Sen. Rounds announced his intention to reconsider the vote by which SB 75 was lost.
SB 79:
FOR AN ACT ENTITLED, An Act to
revise the liability for misdemeanor
violations of certain provisions concerning the illegal sale or distribution of tobacco products.
Was read the second time.
The question being "Shall SB 79 pass as amended?"
And the roll being called:
Nays were:
Benson; Brown (Arnold); Dennert; Duxbury; Flowers; Lawler; Moore
Excused were:
Paisley; Symens
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.
SB 103:
FOR AN ACT ENTITLED, An Act to
revise the election procedure for forming
a municipality.
Was read the second time.
Sen. Brosz moved that SB 103 be deferred until Thursday, February 4, the 18th legislative
day.
Which motion prevailed and the bill was so deferred.
President Hillard now presiding.
SB 106:
FOR AN ACT ENTITLED, An Act to
increase the penalty for failure to stop for
an emergency vehicle.
Was read the second time.
The question being "Shall SB 106 pass as amended?"
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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener;
Staggers; Valandra; Vitter; Whiting
SB 107:
FOR AN ACT ENTITLED, An Act to
require the Corrections Commission to
review any proposal to establish or increase mandatory minimum sentences.
Was read the second time.
The question being "Shall SB 107 pass as amended?"
And the roll being called:
Yeas 16, Nays 18, Excused 1, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Dennert; Duxbury; Flowers; Ham; Hutmacher; Kloucek; Lange; Lawler;
Moore; Munson (David); Olson; Paisley; Shoener; Valandra; Whiting
Nays were:
Albers; Benson; Bogue; Brosz; Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Frederick; Hainje; Halverson; Kleven; Madden; Reedy; Rounds; Staggers; Vitter
Excused were:
Symens
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 150:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of resisting
arrest.
The question being "Shall SB 150 pass?"
And the roll being called:
Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca);
Everist; Frederick; Hainje; Halverson; Ham; Kleven; Moore; Munson (David); Paisley; Reedy;
Shoener; Vitter; Whiting
Nays were:
Dennert; Drake; Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Madden; Olson;
Rounds; Staggers; Valandra
Excused were:
Symens
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. Whiting moved that SB 107 be immediately reconsidered.
The question being "Shall SB 107 be reconsidered?"
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Dennert; Drake; Duxbury; Everist; Flowers; Hainje; Ham; Hutmacher;
Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Shoener; Valandra; Whiting
Nays were:
Albers; Benson; Bogue; Brosz; Daugaard; Dunn (Jim); Dunn (Rebecca); Frederick; Halverson;
Kleven; Madden; Reedy; Rounds; Staggers; Vitter
Excused were:
Symens
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 107 was up for reconsideration .
The question now being "Shall SB 107 pass as amended?"
Yeas 17, Nays 17, Excused 1, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Dennert; Duxbury; Everist; Flowers; Ham; Hutmacher; Kloucek; Lange;
Lawler; Moore; Munson (David); Olson; Paisley; Shoener; Valandra; Whiting
Nays were:
Albers; Benson; Bogue; Brosz; Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Frederick;
Hainje; Halverson; Kleven; Madden; Reedy; Rounds; Staggers; Vitter
Excused were:
Symens
The Senators being equally divided, the President voted Yea.
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 1070:
FOR AN ACT ENTITLED, An Act to
authorize county road districts to
establish certain vehicle speed and weight restrictions and to revise certain county road district
formation requirements.
Was read the first time and referred to the Committee on Local Government.
HB 1075:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions related to public
school open enrollment procedures and tuition.
Was read the first time and referred to the Committee on Education.
HB 1087:
FOR AN ACT ENTITLED, An Act to
place certain restrictions on loans
obtained by insurance agents from their clients.
Was read the first time and referred to the Committee on Commerce.
HB 1108:
FOR AN ACT ENTITLED, An Act to
authorize public utilities or electric
utilities to remove certain obstructions that may impair its operations.
Was read the first time and referred to the Committee on Local Government.
HB 1112:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
tampering with public water systems and to provide a penalty therefor.
Was read the first time and referred to the Committee on Local Government.
HB 1126:
FOR AN ACT ENTITLED, An Act to
standardize publication and hearing
requirements for municipal and county planning and zoning procedures.
Was read the first time and referred to the Committee on Local Government.
HB 1140:
FOR AN ACT ENTITLED, An Act to
decrease the rate of interest on property
tax certificates and delinquent taxes.
Was read the first time and referred to the Committee on Taxation.
HB 1143:
FOR AN ACT ENTITLED, An Act to
permit municipalities and school districts
to open their polling places earlier.
Was read the first time and referred to the Committee on State Affairs.
The President publicly read the title to
SB 19:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
clemency applications.
SB 20:
FOR AN ACT ENTITLED, An Act to
provide for court-ordered restitution at the
time a defendant is sentenced to the state penitentiary.
SB 21:
FOR AN ACT ENTITLED, An Act to
specify the responsible party for inmate
transportation to court-ordered hearings.
HB 1016:
FOR AN ACT ENTITLED, An Act to
revise the procedure for school district
elections involving tie votes or request for recount.
Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 4:40
p.m. the Senate adjourned.