The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of
Allegiance led by Senate page Chelsea Hageman.
Roll Call: All members present except Sens. Gray, Koetzle, 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 twelfth 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 reappointment of Warren
Lotsberg of Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority.
The question being "Does the Senate advise and consent to the executive reappointment
of Warren Lotsberg pursuant to the executive message as found on page 154 of the Senate
Journal?"
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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Gray; Koetzle; Two Bulls
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
January 9, 2006
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Debra C. Flute,
Roberts County, Sisseton, South Dakota, to the Board of Pardons and Paroles.
The Committee on Taxation respectfully reports that it has had under consideration
HB
1048 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB
1008 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 Taxation respectfully reports that it has had under consideration SB 50
and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That
§
10-33A-17
be amended to read as follows:
10-33A-17.
Any person who:
Section 2. That
§
10-33A-18
be repealed.
10-33A-18.
If a corporation subject to the gross receipts tax under this chapter fails for any
reason to file the required returns or to pay the tax due, any of its officers having control, or
supervision of, or charged with the responsibility for making such returns and payments are
personally liable for such failure. The dissolution of a corporation does not discharge an officer's
liability for a prior failure of the corporation to make a return or remit the tax due. The sum due
for such a liability may be assessed and collected as provided by law.
Section 3. That
§
10-45-48.1
be amended to read as follows:
10-45-48.1.
Any person who:
Section 4. That
§
10-45-55
be repealed.
10-45-55.
If a corporation subject to tax under this chapter fails for any reason to file the
required returns or to pay the tax due, any of its officers having control, or supervision of, or
charged with the responsibility for making such returns and payments shall be personally liable
for such failure. The dissolution of a corporation shall not discharge an officer's liability for a
prior failure of the corporation to make a return or remit the tax due. The sum due for such a
liability may be assessed and collected as provided by law.
Section 5. That
§
10-46-47.1
be repealed.
Section 6. That
§
10-46A-13
be repealed.
10-46A-13.
If a corporation subject to tax under this chapter fails for any reason to file the
required returns or to pay the tax due, any of its officers having control, or supervision of, or
charged with the responsibility for making such returns and payments shall be personally liable
for such failure. The dissolution of a corporation shall not discharge an officer's liability for a
prior failure of the corporation to make a return or remit the tax due. The sum due for such a
liability may be assessed and collected as provided by law.
Section 7. That
§
10-46A-13.1
be amended to read as follows:
10-46A-13.1.
Any person who:
Section 8. That
§
10-46B-11
be repealed.
10-46B-11.
If a corporation subject to tax under this chapter fails for any reason to file the
required returns or to pay the tax due, any of its officers having control, or supervision of, or
charged with the responsibility for making such returns and payments shall be personally liable
for such failure. The dissolution of a corporation shall not discharge an officer's liability for a
prior failure of the corporation to make a return or remit the tax due. The sum due for such a
liability may be assessed and collected as provided by law.
Section 9. That
§
10-46B-11.1
be amended to read as follows:
10-46B-11.1.
Any person who:
Section 10. That
§
10-47B-41
be repealed.
10-47B-41.
A corporation subject to the taxes imposed by this chapter and its corporate
officers are jointly and severally liable for the filing of reports or returns and the payment of tax,
penalty, and interest due. The dissolution of a corporation does not discharge an officer's
liability for a prior failure of the corporation to make a return or remit the tax due. An officer
subject to personal liability is not discharged from that liability upon vacating the office. An
officer may be discharged from future liability upon notifying the secretary in writing. The sum
due for such a liability may be assessed and collected as provided by law.
Section 11. That chapter
10-59
be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That
§
10-59-1
be amended to read as follows:
10-59-1.
The provisions of this chapter apply to any taxes or fees or persons subject to taxes
or fees imposed by, and to any civil or criminal investigation authorized by, chapters
10-33A,
10-39, 10-39A, 10-39B, 10-43, 10-45, 10-45D, 10-46, 10-46A, 10-46B, 10-46C, 10-47B, 10-52,
10-52A, 32-3, 32-3A, 32-5, 32-5B, 32-6B, 32-9, 32-10, and 34A-13 and §§ 22-25-48, 49-31-51,
50-4-13 to 50-4-17, inclusive, and the provisions of chapter 10-45B.
"
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB
173
and tabled the same.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB
96
which was deferred to the 36th Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB
78,
128, and
179 and HJR
1001 and
1002 and returns the same with the recommendation
that said bills and resolutions do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1003 and returns the same with the recommendation that said resolution be amended as
follows:
"Section 9. That Article III be amended by adding thereto a NEW SECTION to read as
follows:
Section 10. That Article IV, section 5 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 5.
The lieutenant governor shall be president of the senate but shall have no vote unless
the senators be equally divided.
The lieutenant governor shall perform the duties and exercise
the powers that may be delegated to him by the Governor.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
125 and
163 and tabled the same.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
164 which was deferred to the 36th Legislative Day.
I have the honor to transmit herewith HB 1015, 1045, 1068, 1070, 1073, 1077, 1102, 1104,
1107, 1121, 1130, 1156, and 1190 which have passed the House and your favorable
consideration is respectfully requested.
SCR 3
Introduced by:
Senators Smidt, Adelstein, Bartling, Duniphan, Hanson (Gary),
Knudson, Lintz, and McCracken and Representatives Tidemann, Haverly, Heineman, Hunhoff,
Murschel, O'Brien, Roberts, Schafer, Sebert, and Van Norman
A CONCURRENT RESOLUTION,
Supporting youth mentoring programs for South
Dakota.
Was read the first time.
The committee referral was waived and SCR3 was placed on the calendar of Monday,
January 30, the 14th legislative day.
SCR 4
Introduced by:
Senators Bogue, Dempster, and Two Bulls and Representatives
Bradford, Valandra, and Van Norman
A CONCURRENT RESOLUTION,
Requesting the South Dakota Congressional
Delegation and the United States Congress to address significant deficiencies in the dental
health care provided to American Indians.
Was read the first time.
The committee referral was waived and SCR 4 was placed on the calendar of Monday,
January 30, the 14th legislative day.
SCR 2:
A CONCURRENT RESOLUTION,
Recommending Master Sergeant Woodrow
Wilson Keeble for the Medal of Honor.
Was read the second time.
The question being on Sen. Schoenbeck's motion that SCR 2 be adopted.
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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Gray; Koetzle; Two Bulls
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 2 was adopted.
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 second time.
Sen. Moore moved that the Senate do concur in HCR 1002 as found on page 201 of the
House Journal.
The question being on Sen. Moore's motion that the Senate do concur in HCR 1002.
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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Gray; Koetzle; Two Bulls
So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in.
Sen. Dempster moved that the Senate do now reconsider the vote by which SB 106 passed.
The question being on Sen. Dempster's motion to reconsider the vote by which SB 106
passed.
And the roll being called:
Yeas 19, Nays 13, Excused 3, Absent 0
Yeas:
Abdallah; Bartling; Dempster; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Kloucek;
Knudson; Kooistra; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton
(Dan); Sutton (Duane)
Nays:
Adelstein; Apa; Bogue; Broderick; Duenwald; Duniphan; Hanson (Gary); Hundstad; Koskan;
Lintz; McCracken; McNenny; Napoli
Excused:
Gray; Koetzle; Two Bulls
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 106 was up for reconsideration and final passage.
Sen. Dempster moved that SB 106 be immediately considered.
Which motion prevailed.
SB 106:
FOR AN ACT ENTITLED, An Act to
exempt certain small sand, gravel, and
other extraction operations from license fees and surety requirements.
Having had its second reading was up for reconsideration and final passage.
Sen. Bogue moved the previous question.
Which motion prevailed.
The question being "Shall SB 106 pass as amended?"
And the roll being called:
Yeas:
Adelstein; Apa; Bogue; Duenwald; Duniphan; Greenfield; Hundstad; Koskan; Lintz;
McCracken; McNenny; Napoli
Nays:
Abdallah; Bartling; Broderick; Dempster; Earley; Gant; Hansen (Tom); Hanson (Gary); Kelly;
Kloucek; Knudson; Kooistra; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Gray; Koetzle; Two Bulls
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Yesterday, Sen. Moore announced his intention to reconsider the vote by which SB 132
lost.
No member moved to reconsider the vote by which SB 132 lost.
Sen. Bogue moved that the reports of the Standing Committees on
Agriculture and Natural Resources on SB 72 as found on page 218 of the Senate Journal
;
also
Commerce on SB 89 as found on page 207 of the Senate Journal
; also
Commerce on SB 133 as found on page 208 of the Senate Journal be adopted.
Which motion prevailed.
HB 1015:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to acquire
an equestrian facility for South Dakota State University and to declare an emergency.
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 Commerce.
HB 1068:
FOR AN ACT ENTITLED, An Act to
require the names of certain parties to be
listed in instruments recorded by the register of deeds.
Was read the first time and referred to the Committee on Local Government.
HB 1070:
FOR AN ACT ENTITLED, An Act to
prohibit insurers from taking certain
actions based on receipt of a notice of hearing and charges against insurance producers and to
require that persons receiving such notice also receive notice of the final determination of the
matter.
Was read the first time and referred to the Committee on Commerce.
HB 1073:
FOR AN ACT ENTITLED, An Act to
revise the circumstances under which
certain arrests may be effected without warrant.
Was read the first time and referred to the Committee on Judiciary.
HB 1077:
FOR AN ACT ENTITLED, An Act to
authorize water user districts to establish
and operate wastewater systems.
Was read the first time and referred to the Committee on Local Government.
HB 1102:
FOR AN ACT ENTITLED, An Act to
expand the board of technical professions.
Was read the first time and referred to the Committee on Commerce.
HB 1104:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of
eavesdropping.
Was read the first time and referred to the Committee on Judiciary.
HB 1107:
FOR AN ACT ENTITLED, An Act to
clarify the definition of a salvage vehicle.
Was read the first time and referred to the Committee on Transportation.
Was read the first time and referred to the Committee on Local Government.
HB 1130:
FOR AN ACT ENTITLED, An Act to
revise the definition of a temporary
supplemental lot for use by vehicle dealers.
Was read the first time and referred to the Committee on Transportation.
HB 1156:
FOR AN ACT ENTITLED, An Act to
require a study of the continuum of care
needs for senior citizens.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1190:
FOR AN ACT ENTITLED, An Act to
specifically exclude ridden animals and
bicycles from the definition of vehicles.
Was read the first time and referred to the Committee on Judiciary.
Sen. Kloucek requested that SB 155 be removed from the Consent Calendar.
SB 5:
FOR AN ACT ENTITLED, An Act to
adjust certain participation standards for the
South Dakota special pay retirement program.
Was read the second time.
The question being "Shall SB 5 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
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 6:
FOR AN ACT ENTITLED, An Act to
define certain terms related to the South
Dakota Retirement System.
Was read the second time.
The question being "Shall SB 6 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Gray; Koetzle; 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 7:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions regarding the level
income payment option within the South Dakota Retirement System.
Was read the second time.
The question being "Shall SB 7 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
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 8:
FOR AN ACT ENTITLED, An Act to
establish to whom the South Dakota
Retirement System may make benefit payments on behalf of minors.
Was read the second time.
The question being "Shall SB 8 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Gray; Koetzle; 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 9:
FOR AN ACT ENTITLED, An Act to
revise certain beneficiary provisions of the
South Dakota Retirement System.
Was read the second time.
The question being "Shall SB 9 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
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 182:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
organization decals that may be displayed on a motor vehicle license plate.
Was read the second time.
The question being "Shall SB 182 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Gray; Koetzle; 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 1052:
FOR AN ACT ENTITLED, An Act to
update the reference to certain federal
regulations regarding financial assistance to persons displaced by highway acquisition.
Was read the second time.
The question being "Shall HB 1052 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
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 Appropriations respectfully reports that it has had under consideration
SB
30 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
154 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 Appropriations respectfully reports that it has had under consideration
SB 2 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 20 and returns the same with the recommendation that said bill be amended as follows:
"Section 5. No general fund dollars may be used for the maintenance and repair of the
facility authorized by this Act."
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 21 and returns the same with the recommendation that said bill be amended as follows:
"Section 5. No general fund dollars may be used for the maintenance and repair of the
facility authorized by this Act."
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 23 and returns the same with the recommendation that said bill be amended as follows:
"Section 5. Notwithstanding the provisions of
§
13-51-2, no money from the state general
fund, student tuition fees, nor the educational facilities fund may be used to finance the
maintenance and repair of the facilities specified in this Act."
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 88 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
158 and
160 and tabled the same.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
70 and
86 which were deferred to the 36th Legislative Day.
Sen. Bogue moved that SB 10, 42, 92, 108, 122, 127, 148, and 149 and HB 1002, 1003,
1033, 1050, 1051, and 1053 be deferred to Monday, January 30th, the 14th legislative day.
Which motion prevailed.
Sen. Moore moved that the Senate do now adjourn, which motion prevailed and at
1:49 p.m. the Senate adjourned.