The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Reverend Gretchen Lord Anderson, followed by
the Pledge of Allegiance led by Senate page Trent Blare.
Roll Call: All members present.
February 25, 2000
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 6 and 19, and the same
have been deposited in the office of the Secretary of State.
February 29, 2000
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 7, 8, 9, 11, 14, 20, 33, 37,
38, 56, 70, 79, 99, 109, 154, 176, and 192, and the same have been deposited in the office of the
Secretary of State.
March 1, 2000
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 5, 12, 15, 16, 34, 35, 44,
52, 60, 65, 73, 74, 86, 96, 152, 163, 165, 171, 190, 193, 196, and 200, and the same have been
deposited in the office of the Secretary of State.
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 17, 23, 27, 46, 51, 59, 62,
93, 98, 104, 122, 124, 151, 157, 167, 195, and 197, and the same have been deposited in the
office of the Secretary of State.
March 3, 2000
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 29, 47, 48, 55, 61, 77, 94,
136, 191, 201, 205, and 206, and the same have been deposited in the office of the Secretary of
State.
March 6, 2000
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 45, 78, 84, 111, 138, 169,
181, and 187, and the same have been deposited in the office of the Secretary of State.
March 7, 2000
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 71, 92, 97, 110, 117, 140,
161, 172, and 178, and the same have been deposited in the office of the Secretary of State.
Madam President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 1, 30, 63, 75, 103, 153,
and 199, and the same have been deposited in the office of the Secretary of State.
Sen. Rounds moved that the Senate do now recess until 1:30 p.m., which motion prevailed
and at 11:35 a.m., the Senate recessed.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 141.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Rep. Wilson
to the Conference Committee on SB 28 due to the absence of Rep. Cerny.
Sen. Rounds moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House to wait upon his Excellency, the Governor,
to inform him that the Legislature has completed its labors and is ready to adjourn sine die, and
to ascertain if he has any further communications to make to the Legislature.
Which motion prevailed and the President appointed as such committee Sens. Rounds,
Halverson, and Hutmacher.
There being no objection, the Senate reverted to Order of Business No. 5.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 208 was delivered
to his Excellency, the Governor, for his approval at 1:55 p.m., March 14, 2000.
Sen. Frederick moved that the report of the Conference Committee on SB 41 be adopted.
Sen. Hutmacher moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 41 and that a new committee of three on the part of the Senate
be appointed to meet with a like committee on the part of the House to adjust the differences
between the two Houses.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has approved HB 1095 as
recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the
State of South Dakota, for changes as to style and form. The recommendation of the Governor
is found on page 896 of the House Journal.
We hereby request your favorable consideration in approving the recommendation of the
Governor as to style and form on HB 1095.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has approved HB 1308 as
recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the
State of South Dakota, for changes as to style and form. The recommendation of the Governor
is found on page 897 of the House Journal.
We hereby request your favorable consideration in approving the recommendation of the
Governor as to style and form on HB 1308.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to adopt the
report of the Conference Committee on SB 41 and has reappointed Reps. Richter, Derby, and
Burg as a new 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.
"
operations and audit committee of
six
ten
, consisting of
three
five
members of the Senate
appointed by the president pro tempore of the Senate
, one of whom shall be a member of the
Judiciary Committee,
and
three
five
members of the house appointed by the speaker of the
house,
one of whom shall be a member of the Judiciary Committee,
for the purpose of inquiry
and review of any phase of the operations and
"
.
"Section 12. That
§
2-6-4
be amended to read as follows:
2-6-4.
The government operations and audit committee may examine all records and
vouchers, summon witnesses, and thoroughly examine all expenditures and the general
management of each department.
No review or action may be taken by the government
operations and audit committee until the committee is directed by the executive board of the
legislative research council.
"
Sen. Whiting moved that the report of the Conference Committee on SB 141 be adopted.
Sen. Hutmacher moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 141 and that a new committee be appointed.
Sen. Kloucek requested a roll call vote.
Which request was supported.
The question being on Sen. Hutmacher's substitute motion that the Senate do not adopt the
report of the Conference Committee on SB 141 and that a new committee be appointed.
Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds;
Shoener; Vitter; Whiting
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
The question now being on Sen. Whiting's motion that the report of the Conference
Committee on SB 141 be adopted.
And the roll being called:
Yeas 23, Nays 12, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds;
Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore;
Olson; Reedy; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Nays were:
Brosz
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
The Senate proceeded to the consideration of the recommendation of the Governor as to
change of style and form of HB 1095 as found on page 896 of the House Journal, as provided
in Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall the recommendation of the Governor as to change of style and
form of HB 1095 be approved?"
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 question having received an affirmative vote of a majority of the members-elect, the
President declared the recommendation of the Governor as to change of style and form
approved.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Hunt,
Smidt, and Lucas as a committee of three on the part of the House to meet with a like committee
on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the
Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any
further communications to make to the Legislature.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Hunt,
Cutler, and Haley as a committee of three on the part of the House to meet with a like
committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the
Seventy-fifth Legislative Session.
Sen. Rounds moved that the Senate do now recess until 7:30 p.m., which motion prevailed
and at 6:25 p.m., the Senate recessed.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 141 and finds the same correctly enrolled.
March 14, 2000
The Honorable Carole Hillard
President of the Senate
State Capitol Building
Dear Madam President and Members of the Senate:
Senate Bill 208 is the General Appropriations Bill. I hereby sign Senate Bill 208.
Over the course of the legislative session, I have frequently engaged this Legislature in
discussions relating to the level of fund balances being held by the public school districts. On
many occasions, I have called attention to general fund balances totaling more than $197 million
and capital outlay balances in excess of $57 million as of June 30, 1999. The rapid and
continual growth of those fund balances during the same period of time that the Legislature and
I have worked diligently to provide tax relief to property owners in South Dakota is significant.
By banking significant portions of increased state spending for the support of K-12 schools,
both elected and appointed officials in some local school districts have denied local taxpayers
some additional measure of property tax relief and have also denied school children the benefits
of increased expenditures in classroom instruction.
They are hoarding $363 for every man, woman, and child in South Dakota. That's $1452 for
a family of four. That family of four had to pay the sales tax on $36,300 of everyday purchases
to put that $1452 in the coffers, where it is sitting unused. Think of what families are going
without so school districts can sit on their money. Think about what that family could do with
that $1452 in its own bank account.
The amount in the Bill is the amount I requested for funding the K-12 schools of South Dakota.
However, to continue to take tax dollars from the retired citizens, the ag producers, the working
men and women of South Dakota, the students, and even the disabled and in turn give that
money to some school districts which hoard the money and refuse to spend it, is immoral. The
arrogance that displays toward the taxpayers is intellectually indefensible.
As Abraham Lincoln, the founder of my party, so eloquently put it, "You can fool some of the
people some of the time, and some of the people all of the time, but you can't fool all of the
people all of the time." To be against a vote by the people whose property is being taken in
taxes is a position that will only remain successful until the people figure it out.
I have been asked a huge number of times over the last few years, Where is our property tax
relief? We need to look no further. We found it. It resides in the reserve accounts of many of
the school districts in South Dakota that refuse to use it for the purpose it was intended-on the
education of our children.
I support the amount of State Aid in the Bill as I requested in my budget and as was
appropriated, but I support it with the requirement that money should only go to school districts
that have not and are not hoarding excess funds.
I invite the Legislature to join me, today, in passing a Bill that will require the school districts to spend the money we give them on the education of the students and salaries for teachers and other school district employees, and which will also require that to obligate/mortgage the property of landowners in a school district with Capital Outlay Certificates will require a vote of the electors of that district.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on SB 28, 41, and 185.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of waiting upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to
ascertain if he has any further communications to make to the Legislature.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee pertaining to fixing the time of adjournment sine die for the
Seventy-fifth Legislative Session.
March 14, 2000
"
Section 1. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as
follows:
Sen. Everist moved that the report of the Conference Committee on SB 28 be adopted.
Sen. Halverson moved that Sen. Hutmacher's substitute motion be laid on the table.
Sen. Olson requested a roll call vote.
Which request was supported.
The question being on Sen. Halverson's motion that Sen. Hutmacher's substitute motion
be laid on the table.
And the roll being called:
Yeas 22, Nays 13, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds;
Shoener; Staggers; Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore;
Olson; Reedy; Symens; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
The question now being on Sen. Everist's motion that the report of the Conference
Committee on SB 28 be adopted.
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson;
Ham; Kleven; Madden; Paisley; Rounds; Shoener; Staggers; Whiting
Nays were:
Benson; Brown (Arnold); Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek;
Lange; Lawler; Moore; Munson (David); Olson; Reedy; Symens; Valandra; Vitter
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 41 and finds the same correctly enrolled.
MADAM PRESIDENT:
Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors and is ready to adjourn sine die and to
ascertain if he has any further communications to make to the Legislature, respectfully reports
that it has performed the duty assigned to it and has been informed by his Excellency, the
Governor, that he will not appear for the closing of the Seventy-fifth Legislative Session.
Respectfully submitted, Respectfully submitted,
Roger W. Hunt M. Michael Rounds
Orville Smidt Harold W. Halverson
Larry Lucas Jim Hutmacher
House Committee Senate Committee
Also MADAM PRESIDENT:
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Seventy-fifth Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 1:58 a.m., March 15, 2000.
Respectfully submitted, Respectfully submitted,
Roger Hunt M. Michael Rounds
Steve Cutler Harold W. Halverson
Pat Haley Jim Hutmacher
House Committee Senate Committee
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 28 and finds the same correctly enrolled.
The President publicly read the title to
SB 28:
FOR AN ACT ENTITLED, An Act to
restrict certain school district transfers.
SB 41:
FOR AN ACT ENTITLED, An Act to
authorize expenditures out of the water and
environment fund, to amend the state water plan, and to declare an emergency.
And signed the same in the presence of the Senate.
Sen. Rounds moved that the report of the Joint-Select Committee relative to adjournment
sine die of the Seventy-fifth Legislative Session be adopted.
Which motion prevailed.
Almighty God, as we go from this place we ask that You go with each one of us. Keep us
mindful that Your work for us is never finished and that we must always seek to care for those
who are least able to care for themselves.
We ask the Holy Spirit to travel with us, to see us safely home to our families and friends.
We praise You, for You are the one constant in our lives, the all-knowing, compassionate,
and forgiving God. Amen.
Sen. Rounds moved that the Senate do now adjourn sine die, which motion prevailed, and
at 1:58 a.m., March 15, 2000, the Senate adjourned.