The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge
of Allegiance led by Senate page Sarah O'Donnell.
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 fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The President introduced the Tabor Czech Days Royalty: Queen Ashley Slama from
Tyndall; Princess Madison Dangler from Yankton; and Prince Anthony Walloch from Scotland
to the body.
January 12, 2006
The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your
consent, I have the honor to inform you that I have appointed Judith Payne, Hughes County,
Pierre, South Dakota, to the position of Secretary of the Department of Transportation.
This appointment was effective April 4, 2005.
January 12, 2006
The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I have the honor to inform you that I have appointed Deborah Bowman, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Social Services.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
20,
21 and
23 and returns the same with the recommendation that said
bills be referred to the Committee on Appropriations.
The Committee on Transportation respectfully reports that it has had under consideration
SB
41 and
55 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 Transportation respectfully reports that it has had under consideration
SB 25 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 39 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Commerce respectfully reports that it has had under consideration
SB
24 and
38 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB
37 and
44 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
Which motion prevailed.
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the Senate and House.
SR 1:
A RESOLUTION,
Supporting the nomination of Judge Samuel Alito to the Supreme
Court of the United States.
Was read the second time.
Sen. Schoenbeck moved that SR 1 as found on page 9 of the Senate Journal be adopted.
The question being on Sen. Schoenbeck's motion that SR 1 be adopted.
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant;
Gray; Greenfield; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken;
McNenny; Napoli; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)
Nays:
Bartling; Hanson (Gary); Hundstad; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan);
Two Bulls
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SR 1 was adopted.
SCR 1:
A CONCURRENT RESOLUTION,
Urging the Congress of the United States to
support the changes to the No Child Left Behind Act that were recommended by the special task
force established by the National Conference of State Legislatures.
Was read the second time.
Sen. Ed Olson moved that SCR 1 as found on page 57 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that SCR 1 be adopted.
And the roll being called:
Yeas 26, Nays 8, Excused 1, Absent 0
Yeas:
Adelstein; Bartling; Bogue; Broderick; Dempster; Duniphan; Gray; Hansen (Tom); Hanson
(Gary); Hundstad; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore;
Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton
(Duane)
Nays:
Abdallah; Apa; Duenwald; Earley; Gant; Greenfield; Kelly; Two Bulls
Excused:
Kloucek
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.
SB 74
Introduced by:
Senators Bogue, Apa, Bartling, Koetzle, Koskan, Lintz, McNenny,
and Moore and Representatives Rhoden, Deadrick, Garnos, Glover, Halverson, Hanks, Hunhoff,
Jensen, Klaudt, Thompson, and Turbiville
FOR AN ACT ENTITLED, An Act to
repeal the Game, Fish and Parks Commission
exemption relating to small business impact statements.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to
rescind the repeal of certain provisions relating to
small business impact statements.
Was read the first time and referred to the Committee on Commerce.
SB 76
Introduced by:
Senators Kelly, Duniphan, Hansen (Tom), McCracken, and Sutton
(Dan) and Representatives Wick, Frost, Garnos, Howie, Koistinen, Van Etten, Weems, and
Willadsen
FOR AN ACT ENTITLED, An Act to
allow an applicant for a responsible broker's license
to complete certain required education requirements after licensure as a responsible broker.
Was read the first time and referred to the Committee on Commerce.
SB 77
Introduced by:
Senators Adelstein, Duniphan, McCracken, and Nesselhuf and
Representatives Hanks, Hennies, Kraus, Kroger, and McLaughlin
FOR AN ACT ENTITLED, An Act to
extend the time between a municipal candidate
election and a secondary election.
Was read the first time and referred to the Committee on Local Government.
SB 51:
FOR AN ACT ENTITLED, An Act to
revise certain dates pertaining to references
to the Internal Revenue Code.
Was read the second time.
The question being "Shall SB 51 pass?"
And the roll being called:
Yeas 33, Nays 2, 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; 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.
SB 52:
FOR AN ACT ENTITLED, An Act to
eliminate the requirement for a signature on
certain tax applications.
Was read the second time.
The question being "Shall SB 52 pass?"
And the roll being called:
Yeas 33, Nays 2, 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; Nesselhuf; Olson (Ed); Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Moore; Napoli
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 32:
FOR AN ACT ENTITLED, An Act to
reauthorize a grant program within the
Department of Health for the purchase of equipment and materials for mosquito prevention and
control efforts at the local level and to declare an emergency.
Was read the second time.
The question being "Shall SB 32 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Kloucek
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.
SB 27:
FOR AN ACT ENTITLED, An Act to
make an appropriation to the state fair and
to declare an emergency.
Having had its second reading was up for consideration and final passage.
Sen. Koskan moved the previous question.
Which motion prevailed.
The question being "Shall SB 27 pass?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray;
Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Koskan;
Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Abdallah; Duniphan; Kelly; Kooistra
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.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Commerce respectfully reports that it has had under consideration
SB
35 which was deferred to the 36th Legislative Day.