The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by Senate page Kevin Jaeger.
Roll Call: All members present except Sen. Brosz who was excused.
February 22, 1999
January 8, 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 Constitution of South Dakota
and Chapter 1-42 of the South Dakota Codified Laws and subject to your consent, I have the
honor to inform you that I have appointed Patricia R. VanGerpen, Hughes County, Pierre, South
Dakota, Secretary of the Department of Tourism.
This appointment is effective January 9, 1999, and shall continue at the pleasure of the
Governor.
January 7, 1999
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
This appointment is effective January 9, 1999, and shall continue at the pleasure of the
Governor.
February 16, 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 Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Harvey C.
Jewett, Brown County, Aberdeen, South Dakota, to the State Board of Regents.
This appointment is effective March 31, 1999, and shall continue until March 31, 2005.
January 21, 1999
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
This appointment is effective January 9, 1999, and shall continue at the pleasure of the
Governor.
The Senate proceeded to the consideration of the executive appointment of Nettie H.
Myers, Hughes County, Pierre, South Dakota, as Secretary of the Department of Environment
and Natural Resources.
The question being "Does the Senate advise and consent to the executive appointment of
Nettie H. Myers pursuant to the executive message as found on page 580 of the Senate Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Brosz; Flowers
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Jeffry
Bloomberg, Hughes County, Pierre, South Dakota, as Secretary of the Department of
Corrections.
Nays were:
Kloucek
Excused were:
Brosz; Everist
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of David Volk,
Stanley County, Fort Pierre, South Dakota, as Secretary of the Department of Commerce and
Regulation.
The question being "Does the Senate advise and consent to the executive appointment of
David Volk pursuant to the executive message as found on page 534 of the Senate Journal?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; 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
Excused were:
Brosz; Flowers
The Committee on Education respectfully reports that it has had under consideration HB
1221 and 1225 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Education respectfully reports that it has had under consideration HB
1074 which was deferred to the 41st legislative day.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1159, 1178, 1218, 1292, and 1293 which have
passed the House and your favorable consideration is respectfully requested.
SCR 12:
A CONCURRENT RESOLUTION,
Requesting the United States Congress and
certain federal agencies to require reflectors on interstate railroad cars.
Was read the second time.
Sen. Kloucek moved that SCR 12 as found on page 591 of the Senate Journal be adopted.
The question being on Sen. Kloucek's motion that SCR 12 be adopted.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Brosz; Dunn (Jim); Rounds
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 12 was adopted.
SCR 13:
A CONCURRENT RESOLUTION,
Requesting the federal government to honor
certain state meat inspections in interstate commerce.
Was read the second time.
Sen. Kloucek moved that SCR 13 as found on page 592 of the Senate Journal be adopted.
Excused were:
Brosz; Dunn (Jim); Rounds
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 13 was adopted.
Sen. Arnold Brown moved that the Senate do concur in House amendments to SB 53.
The question being on Sen. Arnold Brown's motion that the Senate do concur in House
amendments to SB 53.
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury;
Everist; Flowers; Hainje; Halverson; Ham; Kleven; Kloucek; Lange; Madden; Moore; Munson
(David); Paisley; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Dunn (Rebecca); Hutmacher; Lawler; Olson; Reedy
Excused were:
Brosz; 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.
HB 1223:
FOR AN ACT ENTITLED, An Act to
allow access to a deceased person's
medical record.
Was read the second time.
The question being "Shall HB 1223 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; 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; Symens; Valandra; Vitter; Whiting
Excused were:
Brosz; 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 1303:
FOR AN ACT ENTITLED, An Act to
limit the liability of local government
agencies and their employees for year 2000 litigation.
Was read the second time.
The question being "Shall HB 1303 pass?"
And the roll being called:
Excused were:
Brosz; 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.
SCR 9
:
A CONCURRENT RESOLUTION,
Urging continued support of the Mid Dakota
Rural Water Project.
Was read the second time.
The question being "Shall SCR 9 as found on page 588 of the Senate Journal be adopted?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; 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; Symens; Valandra; Vitter; Whiting
Excused were:
Brosz; Paisley
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared SCR 9 was adopted.
HB 1159:
FOR AN ACT ENTITLED, An Act to
use cash rent to determine the value of
agricultural land and to repeal the nonagricultural acreage classification.
Was read the first time and referred to the Committee on State Affairs.
HB 1218:
FOR AN ACT ENTITLED, An Act to
create a postsecondary education loan
program and to make an appropriation therefor.
Was read the first time and referred to the Committee on State Affairs.
HB 1292:
FOR AN ACT ENTITLED, An Act to
make legislative findings and
recommendations for improvement to the 911 emergency notification system and to provide for
the development of a statewide comprehensive plan.
Was read the first time and referred to the Committee on State Affairs.
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 first time and referred to the Committee on State Affairs.
HB 1003:
FOR AN ACT ENTITLED, An Act to
provide for the recovery of certain
expenses in an action brought to court by any governmental subdivision relative to the
assessment of property.
Was read the second time.
Sen. Dennert moved that HB 1003 be deferred until Wednesday, February 24, the 31st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1213:
FOR AN ACT ENTITLED, An Act to
protect the normal operation and use of
sport shooting ranges.
Was read the second time.
The question being "Shall HB 1213 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; 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:
Brosz; 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.
HB 1230:
FOR AN ACT ENTITLED, An Act to
provide for the recovery of damages for
checks, drafts, or orders not paid upon presentment.
Was read the second time.
The question being "Shall HB 1230 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Ham; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Brosz; Hainje; Halverson
HB 1254:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to local
government officer conflicts of interest.
Was read the second time.
Sen. Hutmacher moved that HB 1254 be deferred until Wednesday, February 24, the 31st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1264:
FOR AN ACT ENTITLED, An Act to
clarify the meaning of the term,
biologically-based mental illness.
Was read the second time.
The question being "Shall HB 1264 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Brosz; Hainje
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.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1053 and has appointed Reps. Broderick, Duenwald, and Wilson 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 inform your honorable body that the House has failed to concur in
Senate amendments to HB 1207 and has appointed Reps. Michels, Duniphan, and Cerny 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 inform your honorable body that the House has concurred in Senate
amendments to HB 1039, 1070, 1107, 1193 and 1262 and HCR 1002.
The President publicly read the title to
HB 1143:
FOR AN ACT ENTITLED, An Act to
permit municipalities and school districts
to open their polling places earlier.
HB 1196:
FOR AN ACT ENTITLED, An Act to
allow the investment council to invest
certain public funds and to restrict the investment of certain public funds.
HB 1288:
FOR AN ACT ENTITLED, An Act to
revise certain time frames for election
procedures that follow an election.
And signed the same in the presence of the Senate.
Sen. Benson moved that the Senate do now adjourn, which motion prevailed, and at 3:24
p.m. the Senate adjourned.