The prayer was offered by the Chaplain, Elaine Scott, followed by the Pledge of Allegiance
led by Senate page Katie Manning.
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 ninth 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 Committee on Education respectfully reports that it has had under consideration SB 83
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB 88
and returns the same with the recommendation that said bill be amended as follows:
"Section 2. There is hereby appropriated from the general fund the sum of fifteen thousand
dollars ($15,000), or so much thereof as may be necessary, to the Board of Regents to pay for
the provisions of this Act.
Section 3. The executive director of the Board of Regents shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June
30, 2007, shall revert in accordance with
§
4-8-21."
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB
117 which was deferred to the 36th Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 107 and returns the same with the recommendation that said bill be amended as follows:
"Section 2. 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 MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 42 and returns the same with the recommendation that said bill be amended as follows:
32-22-11.
Before operating any combination of motor vehicles by the driveaway method in
saddlemount consisting of three or four units, the motor carrier shall hold a valid Interstate
Commerce Commission certificate to transport new automobiles and trucks by the driveaway
method. The
A
motor carrier may transport
new
automobiles and trucks in the method of double
saddlemount or triple saddlemount
provided
if
the carrier complies with the United States
Department of Transportation motor carrier safety regulations regarding double and triple
saddlemount as
of October 1, 1986
adopted by
§
49-28A-3
. No combination of motor vehicles
permitted by this section may exceed seventy-five feet in length, nor exceed the width, height,
or gross weight limitations fixed by statute. A violation of this section is a Class 2 misdemeanor.
Section
2.
That chapter
32-22
be amended by adding thereto a NEW SECTION to read as
follows:
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
the nomination of Judith Payne of Hughes County, Pierre, South Dakota, to the position of
Secretary of the Department of Transportation 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 Transportation respectfully reports that it has had under consideration
SB
114 and
129 which were deferred to the 36th Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
105 and
124 and tabled the same.
The Committee on Commerce respectfully reports that it has had under consideration
SB
74,
75, and
87 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 Commerce respectfully reports that it has had under consideration
SB
18 and
98 and tabled the same.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB
76 which was deferred to the 36th Legislative Day.
The President introduced Stephanie Herseth, U.S. Representative from South Dakota, to
the body.
MR. PRESIDENT:
I have the honor to return herewith SCR 1 in which the House has concurred.
Also MR. PRESIDENT:
I have the honor to transmit herewith HB 1017, 1027, 1030, 1032, 1034, 1041, 1049, 1058,
1061, and 1065 which have passed the House and your favorable consideration is respectfully
requested.
Sen. Bogue moved that the report of the Standing Committee on
Judiciary on SB 132 as found on page 155 of the Senate Journal be adopted.
Which motion prevailed.
SB 192
Introduced by:
Senators Bogue and Moore
FOR AN ACT ENTITLED, An Act to
revise certain provisions to regulating the
distribution of alcoholic beverages.
Was read the first time and referred to the Committee on Commerce.
SB 193
Introduced by:
Senators Duniphan and Dempster and Representative McLaughlin
Was read the first time and referred to the Committee on Appropriations.
SB 194
Introduced by:
Senators Nesselhuf, Hanson (Gary), Kloucek, Kooistra, and Olson
(Ed) and Representatives Dykstra, Bradford, Hargens, Murschel, Pederson (Gordon), Rounds,
and Sigdestad
FOR AN ACT ENTITLED, An Act to
revise the definition of wine for farm wineries.
Was read the first time and referred to the Committee on Commerce.
SB 195
Introduced by:
Senators McCracken, Adelstein, and Duniphan and Representatives
McCoy, Hennies, McLaughlin, and Pederson (Gordon)
FOR AN ACT ENTITLED, An Act to
permit certain municipalities to provide to residents
of sanitary districts upon petition.
Was read the first time and referred to the Committee on Local Government.
SB 196
Introduced by:
Senators Adelstein, Knudson, Kooistra, McCracken, and Olson (Ed)
and Representatives Roberts, Cutler, Glover, Halverson, McLaughlin, Sigdestad, and Thompson
FOR AN ACT ENTITLED, An Act to
require balanced instruction on human sexuality in
public schools.
Was read the first time and referred to the Committee on Education.
SB 197
Introduced by:
Senators Adelstein and Knudson
FOR AN ACT ENTITLED, An Act to
establish a governing board for the post secondary
technical institutes.
Was read the first time and referred to the Committee on State Affairs.
SB 198
Introduced by:
The Committee on Education at the request of the Governor
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding the reduction in
state aid to education based on school district general fund balances.
Was read the first time and referred to the Committee on Education.
FOR AN ACT ENTITLED, An Act to
create a teacher compensation assistance program.
Was read the first time and referred to the Committee on Education.
SB 200
Introduced by:
The Committee on Commerce at the request of the Governor
FOR AN ACT ENTITLED, An Act to
authorize the risk pool board to allow additional
enrollees into the risk pool under certain circumstances.
Was read the first time and referred to the Committee on Commerce.
SB 201
Introduced by:
The Committee on Commerce at the request of the Governor
FOR AN ACT ENTITLED, An Act to
revise the risk pool reimbursement method for
certain health care providers.
Was read the first time and referred to the Committee on Commerce.
HB 1017:
FOR AN ACT ENTITLED, An Act to
authorize the Public Utilities Commission
to implement and comply with certain federal energy acts and to validate certain related
commission actions.
Was read the first time and referred to the Committee on Commerce.
HB 1027:
FOR AN ACT ENTITLED, An Act to
change the unemployment insurance
wage base and contribution rates and to assess interest on negative employer accounts under
certain circumstances.
Was read the first time and referred to the Committee on Commerce.
HB 1030:
FOR AN ACT ENTITLED, An Act to
permit persons in the armed services and
certain family members to acquire a turkey license under certain circumstances.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1032: FOR AN ACT ENTITLED, An Act to clarify that hunting, fishing, and trapping privileges associated with a resident license continue after change of residency.
HB 1034:
FOR AN ACT ENTITLED, An Act to
revise the definition of anabolic steroid,
to schedule certain controlled substances, and to declare an emergency.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1041:
FOR AN ACT ENTITLED, An Act to
allow for denial, suspension, or
revocation of emergency medical technician certificates for past gross incompetence and for
unprofessional or dishonorable conduct.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1049:
FOR AN ACT ENTITLED, An Act to
revise the effective dates of certain laws
regarding the regulation of motor vehicle license plates.
Was read the first time and referred to the Committee on Transportation.
HB 1058:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
investigations of the Division of Insurance.
Was read the first time and referred to the Committee on Commerce.
HB 1061:
FOR AN ACT ENTITLED, An Act to
provide for certain audits of associations
of school boards.
Was read the first time and referred to the Committee on State Affairs.
HB 1065:
FOR AN ACT ENTITLED, An Act to
extend immunity to certain directors,
trustees, committee members and officers of certain nonprofit corporations and to members of
certain advisory boards.
Was read the first time and referred to the Committee on Judiciary.
Sen. Koskan requested that SB 53 be removed from the Consent Calendar.
Sen. Bogue requested that HB 1051 be removed from the Consent Calendar.
Was read the second time.
The question being "Shall SB 33 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
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 34:
FOR AN ACT ENTITLED, An Act to
revise the quorum requirements for the
Board of Nursing.
Was read the second time.
The question being "Shall SB 34 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
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.
Was read the second time.
The question being "Shall SB 90 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
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 97:
FOR AN ACT ENTITLED, An Act to
allow the governing body of taxing districts
to automatically refer a property tax opt out to the voters.
Was read the second time.
The question being "Shall SB 97 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
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.
Was read the second time.
The question being "Shall SB 109 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
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 146:
FOR AN ACT ENTITLED, An Act to
update certain statutory references to the
South Dakota Firefighters Association, Incorporated.
Was read the second time.
The question being "Shall SB 146 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
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 22:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to transfer
title to a T-28 experimental aircraft from the South Dakota School of Mines and Technology
to the Strategic Air and Space Museum.
Was read the second time.
The question being "Shall SB 22 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
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 26:
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
Was read the second time.
The question being "Shall SB 26 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; 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
Excused:
Adelstein
SB 29:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
examination of teacher and administrator preparation programs.
Was read the second time.
The question being "Shall SB 29 pass as amended?"
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.
SB 31:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
licensing and regulation of technical professions.
Was read the second time.
The question being "Shall SB 31 pass as amended?"
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; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
McNenny
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.
Was read the second time.
Sen. Olson (Ed) moved that SB 54 be deferred to Monday, January 30, the 14th legislative
day.
Which motion prevailed.
SB 57:
FOR AN ACT ENTITLED, An Act to
revise the definition of deceptive acts and
practices and to increase the statute of limitations regarding deceptive trade practices.
Was read the second time.
The question being "Shall SB 57 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray;
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:
Apa; Bartling; Greenfield
Excused:
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 67:
FOR AN ACT ENTITLED, An Act to
revise the amnesty provisions for sellers
under the Streamlined Sales and Use Tax Agreement.
Was read the second time.
The question being "Shall SB 67 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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
revise certain provisions relating to insurable
interests and to declare an emergency.
Was read the second time.
The question being "Shall SB 69 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; 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
Nays:
Greenfield
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 19:
FOR AN ACT ENTITLED, An Act to
revise the General Appropriations Act for
fiscal year 2006 regarding appropriations to the Board of Regents.
Was read the second time.
The question being "Shall SB 19 pass as amended?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Nays:
Greenfield; Kloucek; 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.
There being no objection, the Senate reverted to Order of Business No. 7.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 27 and finds the same correctly enrolled.
The question being on Sen. Adelstein's motion that SB 66 be amended.
Which motion lost.
The question being "Shall SB 66 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Dempster; Duenwald; Duniphan; Earley; Gant;
Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra;
Koskan; Lintz; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt;
Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Broderick; McNenny; Napoli
Excused:
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.
Was read the second time.
The question being "Shall SB 77 pass?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
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; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Nays:
Napoli; Two Bulls
Excused:
Abdallah
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 112:
FOR AN ACT ENTITLED, An Act to
provide for an order of joint physical care
over certain children whose parents exercise joint legal custody.
Was read the second time.
The question being "Shall SB 112 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.
Was read the second time.
The question being "Shall SB 118 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.
SB 27:
FOR AN ACT ENTITLED, An Act to
make an appropriation to the state fair and
to declare an emergency.
And signed the same in the presence of the Senate.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that SB 27 was delivered to
his Excellency, the Governor, for his approval at 3:25 p.m., January 24, 2006.