The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by Senate page Amanda Schulz.
Roll Call: All members present except Sen. Gray who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the eleventh day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. President and Members of the Senate:
I have the honor to inform you that on January 25, 2006, I approved Senate Bill 27, and the
same has been deposited in the office of the Secretary of State.
The Committee on Education respectfully reports that it has had under consideration
SB
103,
110, and
178 which were deferred to the 36th Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
HB
1050 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB
182 and HB
1052 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
the nomination of Warren Lotsberg of Beadle County, Huron, South Dakota, to the South
Dakota Railroad Authority and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said reappointment.
The Committee on Retirement Laws respectfully reports that it has had under consideration
SB
10 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Retirement Laws respectfully reports that it has had under consideration
SB
5,
6,
7,
8, and
9 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 Retirement Laws respectfully reports that it has had under consideration
SB
16 and tabled the same.
The Committee on Commerce respectfully reports that it has had under consideration
SB
108 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB
155 and returns the same with the recommendation that said bill 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 89 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That chapter
58-17B
be amended by adding thereto a NEW SECTION to read
as follows:
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB 133 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That
§
54-3A-5
be amended to read as follows:
54-3A-5.
In addition to the finance charge, a creditor may contract for, and receive the
following additional charges in connection with an installment sales contract if such charges are
itemized and disclosed to the buyer:
MR. PRESIDENT:
I have the honor to transmit herewith HCR 1002 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1006, 1009, 1036, 1054, 1056, 1059, 1080, 1084,
1123, and 1139 which have passed the House and your favorable consideration is respectfully
requested.
SCR 2
Introduced by:
Senators Schoenbeck, Abdallah, Apa, Bogue, Dempster, Greenfield,
and Hanson (Gary) and Representatives Halverson, Bradford, Deadrick, Faehn, Jensen, Klaudt,
and Valandra
Was read the first time.
The committee referral was waived and SCR 2 was placed on the calendar of Friday,
January 27, the 13th legislative day.
HCR 1002:
A CONCURRENT RESOLUTION,
Endorsing the American Kennel Club's
Canine Good Citizen Program and supporting its efforts to promote responsible dog ownership
in the state of South Dakota.
Was read the first time.
The committee referral was waived and HCR 1002 was placed on the calendar of Friday,
January 27, the 13th legislative day.
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 second time.
The question being on Sen. Schoenbeck's motion that the Senate do concur in HCR 1001.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; 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:
Apa; Gray
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1001 was concurred in.
Sen. Bogue moved that the reports of the Standing Committees on
Taxation on SB 92 as found on page 195 of the Senate Journal
; also
Taxation on SB 127 as found on page 195 of the Senate Journal
; also
Judiciary on SB 148 as found on page 197 of the Senate Journal
; also
Judiciary on SB 149 as found on page 198 of the Senate Journal
; also
State Affairs on SB 152 as found on page 196 of the Senate Journal be adopted.
Which motion prevailed.
HB 1006:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to out-of-
state cattle brands and to establish a penalty.
Was read the first time and referred to the Committee on Agriculture and Natural Resources.
Was read the first time and referred to the Committee on Taxation.
HB 1036:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
certification of an optometrist from another state and to increase the fee for a certificate of
registration.
Was read the first time and referred to the Committee on Commerce.
HB 1054:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding an
increase of the prizes that certain lotteries may award.
Was read the first time and referred to the Committee on State Affairs.
HB 1056:
FOR AN ACT ENTITLED, An Act to
permit municipalities to delegate to
employees the authority to enter into certain contracts on behalf of the municipality.
Was read the first time and referred to the Committee on Local Government.
HB 1059:
FOR AN ACT ENTITLED, An Act to
provide for notification by the
Department of Social Services to the parents of certain determinations of child abuse or neglect.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1080:
FOR AN ACT ENTITLED, An Act to
restrict the use of eminent domain under
certain circumstances and to protect certain private property rights from acquisition by the use
or threat of eminent domain.
Was read the first time and referred to the Committee on State Affairs.
HB 1084:
FOR AN ACT ENTITLED, An Act to
authorize counties to regulate the
operation of certain off-road vehicles in highway ditches.
Was read the first time and referred to the Committee on Transportation.
HB 1123:
FOR AN ACT ENTITLED, An Act to
exempt feed for certain game birds from
the sales and use tax.
HB 1139:
FOR AN ACT ENTITLED, An Act to
define the use of vehicles bearing dealer's
demonstration or in-transit permits and to revise the penalty for the misuse of such permits.
Was read the first time and referred to the Committee on Transportation.
Sen. Kelly requested that SB 42 be removed from the Consent Calendar.
HB 1001:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
election procedures.
Was read the second time.
The question being "Shall HB 1001 pass?"
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; 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
Excused:
Gray
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 132:
FOR AN ACT ENTITLED, An Act to
clarify the jurisdiction of conservation
officers to enforce certain alcohol-related provisions.
The question being "Shall SB 132 pass as amended?"
And the roll being called:
Yeas 14, Nays 20, Excused 1, Absent 0
Yeas:
Abdallah; Bartling; Broderick; Duniphan; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle;
Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls
Nays:
Adelstein; Apa; Bogue; Dempster; Duenwald; Earley; Gant; Greenfield; Hansen (Tom);
Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schoenbeck;
Smidt; Sutton (Duane)
Excused:
Gray
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Moore announced his intention to reconsider the vote by which SB 132 lost.
The President introduced Tom Craig, Vermillion, 2005-2006 Outstanding School Board
member, to the body.
SB 83:
FOR AN ACT ENTITLED, An Act to
increase the length of time for which
nationally certified teachers may receive stipends.
Was read the second time.
The question being "Shall SB 83 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Gray
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 99:
FOR AN ACT ENTITLED, An Act to
establish a task force to study sexual assault
and to provide for its composition, scope, and administration.
Was read the second time.
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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Kooistra
Excused:
Gray
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 106:
FOR AN ACT ENTITLED, An Act to
exempt certain small sand, gravel, and
other extraction operations from license fees and surety requirements.
Was read the second time.
"(3) The affected land lies within a parcel or contiguous parcels of agricultural land of
at least forty acres in size;".
The question being "Shall SB 106 pass as amended?"
And the roll being called:
Yeas 21, Nays 13, Excused 1, Absent 0
Nays:
Abdallah; Bartling; Broderick; Dempster; Earley; Kelly; Koetzle; Kooistra; Moore; Nesselhuf;
Schoenbeck; Smidt; Sutton (Dan)
Excused:
Gray
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.
Sen. Dempster announced his intention to reconsider the vote by which SB 106 passed.
SB 107:
FOR AN ACT ENTITLED, An Act to
revise the definition of manufacturer as it
relates to the ownership of certain motor vehicle dealerships and to declare an emergency.
Was read the second time.
The question being "Shall SB 107 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; 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:
Gray
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 150:
FOR AN ACT ENTITLED, An Act to
require the state's participation in the
National Sex Offender Public Registry and to provide for the posting of a state internet sex
registry site.
Was read the second time.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; 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:
Gray
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. 5.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
122 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 72 and returns the same with the recommendation that said bill be
amended as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
161 and
162 which were deferred to the 36th Legislative Day.
Sen. Bogue moved that HB 1002, 1003, 1033, 1051, and 1053 be deferred to Friday,
January 27, the 13th legislative day.
Which motion prevailed.
Sen. Moore moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 27, the 13th legislative day.
Which motion prevailed.
Sen. Duane Sutton moved that the Senate do now adjourn, which motion prevailed and at
3:26 p.m. the Senate adjourned.