The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of
Allegiance led by Senate page Libby Olson.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the nineteenth day.
In the Journal of the eighteenth legislative day, on page 345, line 5, delete "95" and insert
"94".
All other errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Pages: Matthew Booth, Jessica Callahan, Lisa Jarovski, Jennifer Jorgensen, Kimberlee
Kloucek, Shayna Monnens, Libby Olson, Seth Pearman, Cody Raterman, and Amy Tulson.
Which were subscribed to and placed on file in the office of the Secretary of State.
The Committee on State Affairs respectfully reports that it has had under consideration
SB
6 and HB
1085 and
1087 and returns the same with the recommendation that said bills do
pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Thomas C. Adam of Hughes County, Pierre, South Dakota, to the South Dakota
Science and Technology Authority and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Patricia Lebrun of Pennington County, Rapid City, South Dakota, to the South
Dakota Science and Technology Authority and returns the same with the recommendation that
the Senate advise and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of David Bozied of Minnehaha County, Sioux Falls, South Dakota, to the South
Dakota Science and Technology Authority and returns the same with the recommendation that
the Senate advise and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Casey Peterson of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Steve Zellmer of Pennington County, Rapid City, South Dakota, to the South
Dakota Science and Technology Authority and returns the same with the recommendation that
the Senate advise and consent to the confirmation of said appointment.
The Committee on Judiciary respectfully reports that it has had under consideration SB
143
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1080 and
1105 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Local Government respectfully reports that it has had under
consideration SB
195 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 151 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Local Government respectfully reports that it has had under
consideration SB
189 and returns the same with the recommendation that said bill be referred
to the Committee on Appropriations.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB
137 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1162 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1011,
1012, and
1196 and returns the same with the recommendation that said
bills do pass and be placed on the Consent Calendar.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB
132 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 42 and 89 and finds the same correctly enrolled.
MR. PRESIDENT:
I have the honor to transmit herewith HCR 1007 and 1008 which have been adopted by the
House and your concurrence is respectfully requested.
I have the honor to return herewith SB 89 which has passed the House without change.
I have the honor to transmit herewith HB 1018, 1057, 1139, 1150, 1198, 1199, and 1203
which have passed the House and your favorable consideration is respectfully requested.
HCR 1007:
A CONCURRENT RESOLUTION,
Urging the United States Congress to
enhance federal veterans benefits for members of the National Guard and other reserve
components of the armed forces who have been called into active federal service.
Was read the first time.
The President announced the waiving of the committee referral and HCR 1007 was placed
on the calendar of Tuesday, February 8, the 21st legislative day.
HCR 1008:
A CONCURRENT RESOLUTION,
Requesting the President and Congress
to support Mandatory Country of Origin Labeling of agricultural products.
Was read the first time.
The President announced the waiving of the committee referral and HCR 1008 was placed
on the calendar of Tuesday, February 8, the 21st legislative day.
Sen. Bogue moved that the report of the Standing Committee on
Local Government on SB 171 as found on page 354 of the Senate Journal be adopted.
Which motion prevailed and the report was adopted.
SB 172:
FOR AN ACT ENTITLED, An Act to
limit the contributions of any person to a
political action committee.
Having had its second reading was up for consideration and final passage.
Which motion prevailed.
The question being "Shall SB 172 pass as amended?"
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent 0
Yeas:
Abdallah; Apa; Bartling; Duenwald; Earley; Gant; Greenfield; Hanson (Gary); Hundstad; Kelly;
Kloucek; Koetzle; Lintz; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan);
Two Bulls
Nays:
Adelstein; Bogue; Broderick; Dempster; Duniphan; Gray; Hansen (Tom); Knudson; Kooistra;
Koskan; McCracken; Olson (Ed); Smidt; Sutton (Duane)
Excused:
McNenny
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
The President introduced Bill and Marietta Squires and their children Jaron and Mariel who
are the Easter Seals South Dakota Family of the Year 2004-2005.
SB 34:
FOR AN ACT ENTITLED, An Act to
make an additional appropriation to
construct a thermophilic anaerobic manure digestion system for the South Dakota Agricultural
Experiment Station and to declare an emergency.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 34 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Koskan; Lintz; McCracken; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Kooistra
Excused:
McNenny
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.
Was read the second time.
The question being "Shall SB 150 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Kloucek
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 221:
FOR AN ACT ENTITLED, An Act to
establish certain restrictions regarding the
sale and purchase of products containing pseudoephedrine or ephedrine and to provide penalties
for violation thereof.
Was read the second time.
The question being "Shall SB 221 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
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 1018:
FOR AN ACT ENTITLED, An Act to
make an appropriation from the
coordinated soil and water conservation fund to the State Conservation Commission.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1057:
FOR AN ACT ENTITLED, An Act to
make an appropriation for the payment
of extraordinary litigation expenses and to declare an emergency.
Was read the first time and referred to the Committee on Judiciary.
HB 1139:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to energy
conservation measures.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1150:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Northern Crops
Institute.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1198:
FOR AN ACT ENTITLED, An Act to
include records of the county weed and
pest board with certain records maintained by the register of deeds related to real property.
Was read the first time and referred to the Committee on Local Government.
HB 1199:
FOR AN ACT ENTITLED, An Act to
require county weed and pest boards to
terminate certain orders that have been implemented.
Was read the first time and referred to the Committee on Local Government.
HB 1203:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
distribution of the tax imposed on financial institutions.
Was read the first time and referred to the Committee on Education.
HB 1002:
FOR AN ACT ENTITLED, An Act to
revise the requirements for determining
whether dwellings are eligible to be classified as owner-occupied single-family dwellings.
Was read the second time.
The question being "Shall HB 1002 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
McNenny
Excused:
Koetzle
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 1061:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
licensing of commercial drivers.
Was read the second time.
The question being "Shall HB 1061 pass?"
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray;
Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Lintz;
McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan);
Sutton (Duane)
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 42:
FOR AN ACT ENTITLED, An Act to
revise the areas where the Game, Fish and
Parks Commission may require a park license.
SB 89:
FOR AN ACT ENTITLED, An Act to
revise certain supervision requirements
regarding the delegation of procedures to dental hygienists.
HB 1081:
FOR AN ACT ENTITLED, An Act to
allow a school district to maintain
permanent school records electronically rather than on microfilm.
And signed the same in the presence of the Senate.
Sen. Kelly moved that the Senate do now adjourn, which motion prevailed and at 2:49 p.m.
the Senate adjourned.