The Senate convened at 1:00 p.m., pursuant to adjournment, President Pro tempore
Halverson presiding.
The prayer was offered by the Chaplain, Reverend Linda Logan, followed by the Pledge
of Allegiance led by Senate page Jordan Micko.
Roll Call: All members present.
The Committee on Taxation respectfully reports that it has had under consideration SB 94
and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
"
If the county treasurer has issued a distress warrant pursuant to
§
10-56-24 and payment
or restitution has not been made for the motor vehicle registration, title, or license, the
department shall suspend such registration, title, or license. The department shall also issue a
credit for the amount of the fee remitted to the department for registering or titling the motor
vehicle.
Section 2. That
§
10-56-1
be amended to read as follows:
10-56-1.
The procedures provided for in this chapter apply to the collection of any
delinquent taxes imposed by chapters 10-43, 10-44, 10-45, 10-46, 10-46A, 10-46B,
10-47A
10-
47B
, 10-50
or
,
10-52,
32-3,
32-5,
and
32-5B and
§
§
50-11-19 and 50-4-13 to 50-4-17, inclusive.
Section 3. That
§
10-56-24
be amended to read as follows:
10-56-24.
A distress warrant may be issued to recover license plates or tags, issued pursuant
to chapter 32-5
or 32-9
, if the purchaser
purchases them
purchased the license plates or paid the
excise tax pursuant to chapter 32-5B or paid fees pursuant to chapter 32-3
with an insufficient
funds or no account check.
If the check is not honored pursuant to
§
57A-3-422 and is not made
good within ten days, the county treasurer shall report the matter to the state's attorney for
prosecution.
"
The Committee on Taxation respectfully reports that it has had under consideration SB 145
which was deferred to the 36th legislative day.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 43 and finds the same correctly enrolled.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 22 and 32 were
delivered to his Excellency, the Governor, for his approval at 11:25 a.m., January 28, 2000.
MADAM PRESIDENT:
I have the honor to return herewith SB 43 which has passed the House without change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1017, 1036, 1071, 1123, 1124, and 1165 which
have passed the House and your favorable consideration is respectfully requested.
SCR 1:
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 1 as found on page 110 of the Senate Journal be adopted.
The question being on Sen. Kloucek's motion that SCR 1 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 1 was adopted.
SCR 2:
A CONCURRENT RESOLUTION,
Designating a portion of State Highway 115
as the POW/MIA Memorial Highway.
Was read the second time.
Sen. Shoener moved that the Committee on Taxation be instructed to deliver SB 57 to the
floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Sen. Kleven moved that the Committee on State Affairs be instructed to deliver SB 107
to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Sen. Vitter moved that SB 10, which had been deferred to Monday, January 31, the 15th
legislative day, be deferred until Wednesday, February 2, the 17th legislative day.
Which motion prevailed and the bill was so deferred.
SB 208
Introduced by:
The Committee on Appropriations
FOR AN ACT ENTITLED, An Act to
appropriate money for the ordinary expenses of the
legislative, judicial, and executive departments of the state, the expenses of state institutions,
interest on the public debt, and for common schools.
Was read the first time and referred to the Committee on Appropriations.
SB 17:
FOR AN ACT ENTITLED, An Act to
remove the Aberdeen ambulance attendants
as Class B members of the South Dakota Retirement System.
Was read the second time.
The question being "Shall SB 17 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; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Lange
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 HB 1013 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; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Lange
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 1024:
FOR AN ACT ENTITLED, An Act to
revise certain boating and snowmobile
accident reporting procedures.
Was read the second time.
The question being "Shall HB 1024 pass as amended?"
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; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Lange
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 71:
FOR AN ACT ENTITLED, An Act to
remove certain restrictions relating to the
use of school buses.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 71 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, 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;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Symens; Vitter; Whiting
Nays were:
Kloucek; Staggers
Excused were:
Valandra
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 19:
FOR AN ACT ENTITLED, An Act to
provide benefit improvements for the
members of the South Dakota Retirement System.
Was read the second time.
The question being "Shall SB 19 pass?"
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
SB 78:
FOR AN ACT ENTITLED, An Act to
regulate the transfer, assignment, or sale of
a motor vehicle franchise agreement or controlling interest in a motor vehicle dealership.
Was read the second time.
The question being "Shall SB 78 pass?"
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; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Staggers
Excused were:
Flowers
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 138:
FOR AN ACT ENTITLED, An Act to
prohibit the use of motor vehicles for
hunting, fishing, or trapping purposes on certain school and public lands.
Was read the second time.
The question being "Shall SB 138 pass as amended?"
SB 172:
FOR AN ACT ENTITLED, An Act to
define long-term substitute teachers and
to require certain reporting on the use of long-term substitute teachers.
Was read the second time.
The question being "Shall SB 172 pass?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; 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; Symens; Valandra; Vitter; Whiting
Nays were:
Drake; 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 1017:
FOR AN ACT ENTITLED, An Act to
revise certain child welfare agency
licenses.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1071:
FOR AN ACT ENTITLED, An Act to
provide for the disposition of certain
abandoned, lost, or confiscated bicycles.
Was read the first time and referred to the Committee on Local Government.
HB 1123:
FOR AN ACT ENTITLED, An Act to
revise who may administer oaths and take
proof or acknowledgment.
Was read the first time and referred to the Committee on Local Government.
HB 1124:
FOR AN ACT ENTITLED, An Act to
regulate motor vehicle fuel containing
methyl tertiary butyl ether.
Was read the first time and referred to the Committee on Transportation.
HB 1165:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of
bigamy.
Was read the first time and referred to the Committee on Judiciary.
HB 1027:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
nursing facility administrator licensure renewal and to provide for the reactivation of inactive
license status.
Was read the second time.
The question being "Shall HB 1027 pass?"
And the roll being called:
Excused were:
Hutmacher; Symens
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the bill passed and the title was agreed to.
The President publicly read the title to
SB 43:
FOR AN ACT ENTITLED, An Act to
schedule certain controlled substances and
to declare an emergency.
HB 1019:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
workers' compensation managed care plans.
HB 1020:
FOR AN ACT ENTITLED, An Act to
change the procedure in which certain
industry classification codes are assigned to employers for the purposes of unemployment
compensation.
HB 1032:
FOR AN ACT ENTITLED, An Act to
revise the requirements for health carriers
engaging in certain types of managed care activities and to consolidate managed care statutes.
HB 1033:
FOR AN ACT ENTITLED, An Act to
define blanket insurance as group health
insurance and to clarify the applicability of certain statutes to blanket policies.
HB 1034:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
renewal licenses for advanced practice nurses.
HB 1039:
FOR AN ACT ENTITLED, An Act to
revise certain dates pertaining to
references to the Internal Revenue Code.
HB 1041:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
licensure of health care facilities and lodging and food service establishments.
And signed the same in the presence of the Senate.
SC 17
Introduced by:
Senators Kloucek, Dennert, Dunn (Rebecca), Duxbury, Flowers,
Hutmacher, Lange, Moore, Olson, Reedy, Staggers, Valandra, Vitter, and Whiting and
Representatives Putnam, Chicoine, Davis, Haley, Hunt, Kazmerzak, Koehn, Lockner, Lucas,
McIntyre, Michels, Munson (Donald), Nachtigal, Patterson, Sutton (Daniel), Volesky, Waltman,
Weber, and Wudel
A LEGISLATIVE COMMEMORATION,
Recognizing and commending the Kuchen Festival
in Delmont, South Dakota.
Sen. Brosz moved that the Senate do now adjourn, which motion prevailed, and at
1:45 p.m. the Senate adjourned.