The prayer was offered by the Chaplain, Vicar Peter Hofacker, followed by the Pledge of
Allegiance led by Senate page Stephanie Olson.
Roll Call: All members present except Sens. Koskan, Smidt, and Two Bulls who were
excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the tenth 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 Senate proceeded to the consideration of the executive appointment of Judith Payne
of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Transportation.
The question being "Does the Senate advise and consent to the executive appointment of
Judith Payne pursuant to the executive message as found on page 78 of the Senate Journal?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Sutton (Dan); Sutton (Duane)
Nays:
Apa; Greenfield
Excused:
Koskan; Smidt; Two Bulls
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Committee on Local Government respectfully reports that it has had under
consideration HB
1002 and
1003 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB
1001 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration SB 92
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 127
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB
79
which was deferred to the 36th Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1053 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
151 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations with a do pass recommendation.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 152 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
82 and
113 which were deferred to the 36th Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB
115,
123, and
126 and tabled the same.
The Committee on Judiciary respectfully reports that it has had under consideration SB
99
and
150 and HB
1033 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 148
and returns the same with the recommendation that said bill be amended as follows:
"Section 3. That
§
22-24B-5
be amended to read as follows:
22-24B-5.
The Division of Criminal Investigation shall mail a nonforwardable verification
form at least once annually to the last reported address of each person registered under § 22-
24B-2. The person shall return the verification form to the Division of Criminal Investigation
within ten days after receipt of any such form. The verification form shall be signed by the
person required to register and shall state that the person still resides at the address last reported
to the Division of Criminal Investigation. If the person fails to return the verification form to
the Division of Criminal Investigation within ten days after receipt of the form, the person is in
violation of this section. Nonreceipt of a registration verification does not constitute a defense
to failure to comply with this section. A violation of this section is
a Class 1 misdemeanor. Any
subsequent violation is
a Class 6 felony.
"
The Committee on Judiciary respectfully reports that it has had under consideration SB 149
and returns the same with the recommendation that said bill be amended as follows:
"(2) The person is placed in a health care facility licensed pursuant to chapter 34-12, or
certified under Title XVIII or XIX of the Social Security Act as amended to
December 31, 2001, or receiving services from a community service provider
accredited or certified by the Department of Human Services, which is located within
a community safety zone; ".
I have the honor to transmit herewith HB 1011,1012, 1014, 1022, 1039, 1072, 1074, 1075,
1094, 1095, 1127 which have passed the House and your favorable consideration is respectfully
requested.
Also MR. PRESIDENT:
I have the honor to transmit herewith HCR 1001 which has been adopted by the House and
your concurrence is respectfully requested.
HCR 1001:
A CONCURRENT RESOLUTION,
Supporting and commending the
Conservation Reserve Program for its impact on land, water, and wildlife conservation, for
increasing business and economic development and restoration, and for providing alternative
economic opportunities for South Dakota.
Was read the first time.
Sen. McCracken moved that SB 49 be referred to the Committee on Commerce.
Which motion prevailed.
Sen. Bogue moved that the reports of the Standing Committees on
Transportation on SB 42 as found on page 173 of the Senate Journal
; also
Education on SB 83 as found on page 172 of the Senate Journal
; also
Education on SB 88 as found on page 172 of the Senate Journal
; also
Agriculture and Natural Resources on SB 106 as found on page 174 of the Senate Journal
;
also
Transportation on SB 107 as found on page 173 of the Senate Journal be adopted.
Which motion prevailed.
SB 202
Introduced by:
The Committee on Appropriations at the request of the Governor
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related to increased
energy costs in K-12 school districts and postsecondary vocational education institutions and
to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 203
Introduced by:
The Committee on Appropriations at the request of the Governor
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related to the
statewide sex offender registry and to declare an emergency.
Was read the first time and referred to the Committee on Judiciary.
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 Appropriations.
SB 205
Introduced by:
The Committee on Appropriations at the request of the Governor
FOR AN ACT ENTITLED, An Act to
revise the General Appropriations Act for fiscal year
2006 regarding the South Dakota opportunity scholarships.
Was read the first time and referred to the Committee on Appropriations.
SB 206
Introduced by:
The Committee on Taxation at the request of the Governor
FOR AN ACT ENTITLED, An Act to
revise certain provisions of the owner-occupied
classification for property tax relief purposes.
Was read the first time and referred to the Committee on Taxation.
SB 207
Introduced by:
The Committee on Health and Human Services at the request of the
Governor
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to the sale,
purchasing, and possession of products containing pseudoephedrine or ephedrine.
Was read the first time and referred to the Committee on Judiciary.
SB 208
Introduced by:
The Committee on Judiciary at the request of the Governor
FOR AN ACT ENTITLED, An Act to
establish and enhance criminal penalties regarding
certain sex offenders.
Was read the first time and referred to the Committee on Judiciary.
HB 1011:
FOR AN ACT ENTITLED, An Act to
increase the funds that may be expended
to construct a student wellness center at South Dakota State University.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Appropriations.
HB 1014:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to
remodel certain locker room facilities and to renovate spectator, concession, press, and coaching
facilities at the O'Harra Stadium at the South Dakota School of Mines and Technology and to
make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
HB 1022:
FOR AN ACT ENTITLED, An Act to
revise the disposition of funds received
for charges for board and room for work release inmates.
Was read the first time and referred to the Committee on Appropriations.
HB 1039:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to the
disposition of funds collected on local exchange service lines, cellular telephones, and radio
pager devices.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1072:
FOR AN ACT ENTITLED, An Act to
direct the Department of Social Services
to establish the South Dakota long-term care partnership program.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1074:
FOR AN ACT ENTITLED, An Act to
provide for recognition of certain stalking
or physical violence protection orders as foreign domestic violence orders.
Was read the first time and referred to the Committee on Judiciary.
HB 1075:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
disposition of confiscated weapons and firearms.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on Judiciary.
HB 1095:
FOR AN ACT ENTITLED, An Act to
clarify the elements of the crime of
impersonating another.
Was read the first time and referred to the Committee on Judiciary.
HB 1127:
FOR AN ACT ENTITLED, An Act to
authorize the Gaming Commission to
fund gambling addiction treatment programs.
Was read the first time and referred to the Committee on State Affairs.
SB 74:
FOR AN ACT ENTITLED, An Act to
repeal the Game, Fish and Parks
Commission exemption relating to small business impact statements.
Was read the second time.
The question being "Shall SB 74 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)
Excused:
Koskan; Smidt; 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 75:
FOR AN ACT ENTITLED, An Act to
rescind the repeal of certain provisions
relating to small business impact statements.
The question being "Shall SB 75 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)
Excused:
Koskan; Smidt; 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 87:
FOR AN ACT ENTITLED, An Act to
require a broker to obtain written consent
to advertise or market property on behalf of an owner.
Was read the second time.
The question being "Shall SB 87 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)
Excused:
Koskan; Smidt; 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 53:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
consideration of assets for the purpose of long-term care eligibility.
Was read the second time.
Sen. Bogue moved that SB 53 be deferred to Thursday, February 9, the 22nd legislative day.
Which motion prevailed.
SB 132:
FOR AN ACT ENTITLED, An Act to
clarify the jurisdiction of conservation
officers to enforce certain alcohol-related provisions.
Was read the second time.
Sen. Bogue moved that SB 132 and HB 1051 be deferred to Thursday, January 26, the 12th
legislative day.
Which motion prevailed.
The President publicly read the title to
HB 1047:
FOR AN ACT ENTITLED, An Act to
revise certain sales and use tax provisions
related to products and substances associated with the application of pesticides and to clarify
the definition of pesticides.
And signed the same in the presence of the Senate.
Sen. Tom Hansen moved that the Senate do now adjourn, which motion prevailed and at
2:37 p.m. the Senate adjourned.