The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of
Allegiance led by Senate page Maggie Peters.
Roll Call: All members present.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1018 and 1047 and returns the same with the recommendation that said bills do pass.
"
Section 1. The Board of Regents may create a tuition reduction program for children of
alumni of the state-supported universities who are no longer South Dakota residents.
"
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1006, 1070, 1079, and 1150 which were tabled.
The Committee on State Affairs respectfully reports that it has had under consideration HB 1094 and returns the same with the recommendation that said bill do pass.
"
Section
1.
That chapter 34-20A be amended by adding thereto a NEW SECTION to read
as follows:
"
Section 23. There is hereby appropriated from the general fund the sum of one hundred
thousand dollars ($100,000), or so much thereof as may be necessary, to the Department of
Revenue for the purpose of conducting a pilot study concerning the use of agricultural income
value as a means to value agricultural land.
Section 24. The secretary of the Department of Revenue shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 25. Any amounts appropriated in this Act not lawfully expended or obligated by
June 30, 2002, shall revert in accordance with
§
4-8-21.
Section 26. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.
"
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 19, 63, 65, 110, and 157 and finds the same correctly
enrolled.
MADAM PRESIDENT:
I have the honor to return herewith SB 19, 63, 65, 110, and 157 which have passed the
House without change.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 104 and 136 which have been amended by the
House and your concurrence in the amendments is respectfully requested.
Sen. Halverson moved that the Senate do concur in House amendments to SB 12.
The question being on Sen. Halverson's motion that the Senate do concur in House
amendments to SB 12.
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; Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Munson (David)
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.
Sen. Jim Dunn moved that the Senate do concur in House amendments to SB 205.
The question being on Sen. Dunn's motion that the Senate do concur in House amendments
to SB 205.
Nays were:
Moore
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.
SCR 8:
A CONCURRENT RESOLUTION,
Requesting that railroad cars operating in the
state be reflectorized.
Was read the second time.
Sen. Kloucek moved that SCR 8 as found on page 547 of the Senate Journal be adopted.
The question being on Sen. Kloucek's motion that SCR 8 be adopted.
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury;
Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler;
Moore; Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Whiting
Nays were:
Bogue; Drake; Dunn (Jim); Halverson; Madden; Munson (David); Vitter
Excused were:
Rounds
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 8 was adopted.
Sen. Valandra moved that the Committee on State Affairs be instructed to deliver HB 1288
to the floor of the Senate, pursuant to Joint Rule 7-7.
HCR 1009:
A CONCURRENT RESOLUTION,
Urging the extension of South Dakota's
pheasant hunting season through December thirty-first.
Was read the second time.
Sen. Arnold Brown moved that HCR 1009 as found on page 268 of the House Journal be
concurred in.
The question being on Sen. Brown's motion that HCR 1009 be concurred in.
And the roll being called:
Yeas 12, Nays 23, Excused 0, Absent and Not Voting 0
Yeas were:
Brosz; Brown (Arnold); Everist; Hainje; Ham; Kleven; Munson (David); Rounds; Shoener;
Symens; Vitter; Whiting
Nays were:
Albers; Benson; Bogue; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury;
Flowers; Frederick; Halverson; Hutmacher; Kloucek; Lange; Lawler; Madden; Moore; Olson;
Paisley; Reedy; Staggers; Valandra
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost and HCR 1009 was not concurred in.
Sen. Arnold Brown announced his intention to reconsider the vote by which HCR 1009
was lost.
Sen. Benson moved that HB 1053 be placed to precede HB 1133 on today's calendar.
Sen. Dennert moved the previous question.
The question being on Sen. Benson's motion that HB 1053 be placed to precede HB 1133
on today's calendar.
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Daugaard; Dennert; Drake; Duxbury; Flowers; Frederick; Halverson;
Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Whiting
Nays were:
Brosz; Brown (Arnold); Dunn (Jim); Dunn (Rebecca); Everist; Hainje; Ham; Madden; Munson
(David); Paisley; Vitter
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1053 was so placed.
Sen. Moore requested that HCR 1013 be removed from the Consent Calendar.
HB 1139:
FOR AN ACT ENTITLED, An Act to
revise the property tax levies for the
general fund of a school district.
Was read the second time.
The question being "Shall HB 1139 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.
The question being "Shall HB 1247 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.
HCR 1006:
A CONCURRENT RESOLUTION,
Requesting the designation of a portion
of U.S. Highway 83 as Pearl Harbor Memorial Highway.
Was read the second time.
The question being "Shall HCR 1006 as found on page 174 of the House Journal 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 1006 was concurred in.
HCR 1012:
A CONCURRENT RESOLUTION,
Urging support for America's sheep
industry.
Was read the second time.
HB 1053:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
practice of optometry.
Was read the second time.
Sen. Olson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1053 pass?"
And the roll being called:
Yeas 21, Nays 14, Excused 0, Absent and Not Voting 0
Yeas were:
Benson; Daugaard; Dennert; Drake; Duxbury; Flowers; Frederick; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Moore; Olson; Reedy; Rounds; Shoener; Staggers; Symens; Valandra;
Vitter
Nays were:
Albers; Bogue; Brosz; Brown (Arnold); Dunn (Jim); Dunn (Rebecca); Everist; Hainje;
Halverson; Ham; Madden; Munson (David); Paisley; 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.
The question being "Shall HB 1133 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
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 1073:
FOR AN ACT ENTITLED, An Act to
permit assessments based on benefits.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1073 pass as amended?"
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Ham;
Hutmacher; Lawler; Madden; Paisley; Reedy; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Dennert; Drake; Duxbury; Everist; Flowers; Frederick; Hainje; Kleven; Kloucek; Lange;
Moore; Munson (David); Olson; Rounds; Staggers
Excused were:
Halverson
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 President introduced Bobbie Jo Anderson, Miss Rodeo South Dakota 2000, from
Ideal. She was escorted to the Chamber by Sen. Benson.
HB 1174:
FOR AN ACT ENTITLED, An Act to
revise the provisions on the liability of
adjoining property owners for failure to repair or maintain sidewalks.
Having had its second reading was up for consideration and final passage.
Sen. Vitter moved that HB 1174 be deferred until Tuesday, February 22, the 30th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1179:
FOR AN ACT ENTITLED, An Act to
revise the rate of interest on property tax
certificates and delinquent taxes.
Was read the second time.
The question being "Shall HB 1179 pass?"
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Duxbury;
Everist; Flowers; Frederick; Ham; Hutmacher; Kleven; Lange; Lawler; Moore; Munson
(David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Whiting
Nays were:
Drake; Dunn (Rebecca); Hainje; Kloucek; Madden; Staggers; Vitter
Excused were:
Halverson
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 Committee on State Affairs respectfully reports that it has had under consideration HB
1288 and returns the same with the recommendation that said bill do not pass.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1111, 1165, and 1277.
HB 1197:
FOR AN ACT ENTITLED, An Act to
exempt mentally retarded persons from
the death penalty and to provide for a determination of mental retardation in such cases.
Was read the second time.
The question being "Shall HB 1197 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Halverson
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.
HB 1200:
FOR AN ACT ENTITLED, An Act to
require criminal background checks of
school employees and to prohibit employment of certain persons in schools.
Was read the second time.
The question being "Shall HB 1200 pass as amended?"
And the roll being called:
Yeas 23, Nays 11, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Ham;
Hutmacher; Kleven; Kloucek; Lange; Madden; Moore; Munson (David); Olson; Paisley; Reedy;
Symens; Valandra; Vitter; Whiting
Nays were:
Benson; Drake; Dunn (Jim); Everist; Flowers; Frederick; Hainje; Lawler; Rounds; Shoener;
Staggers
Excused were:
Halverson
HB 1213:
FOR AN ACT ENTITLED, An Act to
provide for an appeal of valuation
decisions of the secretary of revenue and for the recovery of certain expenses.
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; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Everist; Halverson
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 HB 1222, 1261, 1282, 1308, 1184, 1239, and 1272 be deferred
until Tuesday, February 22, the 30th legislative day.
Which motion prevailed and the bills were so deferred.
The President publicly read the title to
SB 19:
FOR AN ACT ENTITLED, An Act to
provide benefit improvements for the
members of the South Dakota Retirement System.
SB 63:
FOR AN ACT ENTITLED, An Act to
clarify that the locality in which a person
is apprehended for underage possession or consumption of alcoholic beverages has jurisdiction
over the offense.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Tuesday, February 22, the 30th legislative day.
Which motion prevailed.
Sen. Jim Dunn moved that the Senate do now adjourn, which motion prevailed, and at
2:40 p.m. the Senate adjourned.