The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of
Allegiance led by Senate page Abby Moore.
Roll Call: All members present.
SENATE PAGE RESOLUTION 2: 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-fifth
Legislature of the State of South Dakota to Jessica Boehrs, Elizabeth Boos, Athena
Burnison, Seth Hirning, Bud Jerke, Candace MacArthur, JaLynn MacArthur, Jordan
Micko, Abby Moore, Janelle Tschetter, and Paul Tschetter.
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fifth
Legislature; and
WHEREAS, the members of the Seventy-fifth 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-fifth 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 2 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 2 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.
"
Section 9. Notwithstanding any other provision of law, and unless otherwise specified by
agreement, a county, municipality, or any of its elected officials that enter into an agreement
with the Department of Corrections for the care and maintenance of accused or convicted
persons, as set forth in section 6 of this Act, shall have no further responsibility for the care and
maintenance of such persons for such time that they are in the exclusive care and control of the
department.
"
The Committee on State Affairs respectfully reports that it has had under consideration
SCR 4 and returns the same with the recommendation that said resolution be adopted and placed
on the Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration SB
160 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration SB
194 which was deferred to the 36th legislative day.
The Committee on Taxation respectfully reports that it has had under consideration SB 125
which was tabled.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SCR 5 and returns the same with the recommendation that said resolution
be adopted and be placed on the Consent Calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 39, 105, 116, 144, and 155 which were tabled.
MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1004, 1005, 1007, and 1009 which have been
adopted by the House and your concurrence is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1113, 1116, 1122, 1188, 1277, and 1278 which
have passed the House and your favorable consideration is respectfully requested.
HCR 1004:
A CONCURRENT RESOLUTION,
Urging Congress to schedule hearings to
increase net farm income and improve living conditions in rural America.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HCR 1005:
A CONCURRENT RESOLUTION,
Urging the Clinton Administration and
Congress to forbid packers from feeding and owning livestock.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HCR 1007:
A CONCURRENT RESOLUTION,
Supporting country-of-origin labeling of
meat products.
HCR 1009:
A CONCURRENT RESOLUTION,
Urging the extension of South Dakota's
pheasant hunting season through December thirty-first.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SCR 3:
A CONCURRENT RESOLUTION,
Recognizing the Family and Consumer
Sciences Departments and their role in parenting and human development education.
Was read the second time.
Sen. Kleven moved that SCR 3 as found on page 221 of the Senate Journal be adopted.
The question being on Sen. Kleven's motion that SCR 3 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 3 was adopted.
Pursuant to Senate Rule 6-1, the President removed SB 150 from the Consent Calendar.
The question being "Shall HB 1086 pass as amended?"
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;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Olson
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 157:
FOR AN ACT ENTITLED, An Act to
clarify the reporting and collection of the
telecommunications access fee for the deaf, hearing impaired, and speech impaired.
Was read the second time.
The question being "Shall SB 157 pass as amended?"
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;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Staggers
SB 18:
FOR AN ACT ENTITLED, An Act to
revise the eligibility requirements under
which certain members of the South Dakota Retirement System can retire without a reduction
in benefits.
Was read the second time.
The question being "Shall SB 18 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
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 29:
FOR AN ACT ENTITLED, An Act to
designate areas within the state park system
where a park license may be required.
Was read the second time.
"
Section 2. That chapter 41-17 be amended by adding thereto a NEW SECTION to read as
follows:
Sen. Olson moved the previous question.
Which motion prevailed.
The question being "Shall SB 29 pass as amended?"
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; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Nays were:
Kloucek; Moore
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 69:
FOR AN ACT ENTITLED, An Act to
exempt materials used in certain
construction projects outside of the state from the use tax.
Was read the second time.
The question being "Shall SB 69 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens;
Valandra; Vitter; Whiting
Excused were:
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.
SB 167:
FOR AN ACT ENTITLED, An Act to
clarify who is responsible to file the return
and remit the sales tax due from auctions.
Was read the second time.
The question being "Shall SB 167 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
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.
Sen. Rounds moved that SB 170, 192, 193, 197, 202, and 207 and HB 1074 be deferred
until Monday, February 7, the 20th legislative day.
Which motion prevailed and the bills were so deferred.
HB 1113:
FOR AN ACT ENTITLED, An Act to
authorize certain evidence in the defense
of a violation for a sale of alcoholic beverages to a person under the age of twenty-one.
Was read the first time and referred to the Committee on Commerce.
HB 1122:
FOR AN ACT ENTITLED, An Act to
require a removal agency to notify a
county sheriff or chief of police after removing certain motor vehicles.
Was read the first time and referred to the Committee on Local Government.
HB 1188:
FOR AN ACT ENTITLED, An Act to
allow the payment of the motor vehicle
excise tax by a person on behalf of the owner.
Was read the first time and referred to the Committee on Commerce.
HB 1277:
FOR AN ACT ENTITLED, An Act to
require the compiling and reporting of
certain domestic abuse information.
Was read the first time and referred to the Committee on Judiciary.
HB 1278:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
method of amending the articles of incorporation of nonprofit corporations.
Was read the first time and referred to the Committee on Commerce.
Sen. Madden moved that the Senate do now adjourn, which motion prevailed, and at
2:10 p.m. the Senate adjourned.