The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of
Allegiance led by Senate page Wendy Pepper.
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 sixteenth 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 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 1-16I of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Mike Trykoski,
Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure
Authority.
This appointment is effective immediately.
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 1-16I of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Mike Held, Beadle
County, Huron, South Dakota, to the South Dakota Energy Infrastructure Authority.
This appointment is effective immediately.
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 1-16I of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Kyle White,
Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure
Authority.
This appointment is effective immediately.
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 1-16I of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Audry Ricketts,
Hughes County, Pierre, South Dakota, to the South Dakota Energy Infrastructure Authority.
This appointment is effective immediately.
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 1-16I of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Mike Ropp,
Brookings County, Brookings, South Dakota, to the South Dakota Energy Infrastructure
Authority.
This appointment is effective immediately.
The Committee on Education respectfully reports that it has had under consideration
SB
120 and
169 which were deferred to the 36th Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
HB
1130 and returns the same with the recommendation that said bill do pass.
The Committee on Transportation respectfully reports that it has had under consideration
HB
1107 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 Transportation respectfully reports that it has had under consideration
SB
144 which was deferred to the 36th Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB
1030 and
1032 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1029 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 HB
1028 and tabled the same.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
116 which was deferred to the 36th Legislative Day.
The Committee on Commerce respectfully reports that it has had under consideration
SB
201 and HB
1036 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 194 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB 200 and returns the same with the recommendation that said bill be amended as follows:
And that as so amended said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB 61 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. The Motor Vehicle Insurance Data Base Task Force is created. The task force
shall study the feasibility of requiring evidence of financial responsibility at the time of vehicle
registration and the creation of a motor vehicle insurance data base to facilitate the process. The
task force shall investigate the best practices of the industry and recommend specifications for
the information to be transmitted by the insurance companies to the Division of Motor Vehicles
for inclusion in the motor vehicle insurance data base and specifications for the form and
manner of transmission of data for inclusion in the motor vehicle insurance data base.
Section 2. The task force shall consist of:
Section 3. The task force shall complete a written report of its recommendations and submit
the report to the Legislature no later than October 1, 2006."
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration the
nomination of Cindy Mydland of Brookings County, Brookings, South Dakota, to the
SD Housing Development Authority. And returns the same with the recommendation that the
Senate advise and consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration the
nomination of Douglas J. Sharp of Codington County, Watertown, South Dakota, to the South
Dakota Lottery Commission. And returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 3 and finds the same correctly enrolled.
I have the honor to transmit herewith HB 1021, 1087, 1089, 1100, 1109, 1134, 1153, 1157,
1171, 1178, 1198, and 1199 which have passed the House and your favorable consideration is
respectfully requested.
I have the honor to return herewith SB 3 which has passed the House without change.
Also MR. PRESIDENT:
I have the honor to return herewith SCR 3 and 4 in which the House has concurred.
Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 3, the 18th legislative day.
Which motion prevailed.
Sen. Bogue moved that the reports of the Standing Committees on
Health and Human Services on SB 14 as found on page 309 of the Senate Journal
; also
Judiciary on SB 91 as found on page 299 of the Senate Journal ; also
State Affairs on SB 143 as found on page 296 of the Senate Journal
; also
Judiciary on SB 180 as found on page 297 of the Senate Journal
; also
Health and Human Services on SB 184 as found on page 308 of the Senate Journal
; also
Taxation on SB 189 as found on page 295 of the Senate Journal
; also
Judiciary on HB 1190 as found on page 299 of the Senate Journal be adopted.
Which motion prevailed.
HB 1021:
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related
to disasters in the state and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1087:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Northern Crops
Institute.
Was read the first time and referred to the Committee on Appropriations.
HB 1089:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Vietnam War
Memorial.
Was read the first time and referred to the Committee on Appropriations.
HB 1100:
FOR AN ACT ENTITLED, An Act to
provide for the establishment of standards
for persons conducting home studies for purposes of child custody and visitation.
Was read the first time and referred to the Committee on Judiciary.
HB 1109:
FOR AN ACT ENTITLED, An Act to
provide civil immunity to qualified
mental health professionals designated by the chairs of the county board of mental illness.
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 1153:
FOR AN ACT ENTITLED, An Act to
revise the definition of a prohibited
sexual act.
Was read the first time and referred to the Committee on Judiciary.
HB 1157:
FOR AN ACT ENTITLED, An Act to
extend opportunity scholarship eligibility
to South Dakota students who attend college or technical school out-of-state and then return to
South Dakota to attend school.
Was read the first time and referred to the Committee on Education.
HB 1171:
FOR AN ACT ENTITLED, An Act to
permit the court to award attorneys' fees
in certain custody and visitation cases.
Was read the first time and referred to the Committee on Judiciary.
HB 1178:
FOR AN ACT ENTITLED, An Act to
provide for the establishment of certain
honorary trusts and of certain trusts for animals.
Was read the first time and referred to the Committee on Judiciary.
HB 1198:
FOR AN ACT ENTITLED, An Act to
require inspections of certain facilities
by the Department of Health.
Was read the first time and referred to the Committee on State Affairs.
HB 1199:
FOR AN ACT ENTITLED, An Act to
prohibit the release of information
concerning the applicants and holders of permits to carry a concealed pistol.
Was read the first time and referred to the Committee on Judiciary.
Pursuant to Senate Rule 6-1, the President removed HB 1034 from the Consent Calendar.
Was read the second time.
The question being "Shall HB 1006 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; 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); Two Bulls
Nays:
Napoli
Excused:
Apa
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 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 second time.
The question being "Shall HB 1041 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; 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); Two Bulls
Nays:
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.
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 second time.
The question being "Shall HB 1068 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; 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); Two Bulls
Nays:
Napoli
Excused:
Apa
So the bill having received an affirmative vote of a majority of the members present, the
President declared the bill passed and the title was agreed to.
HB 1073:
FOR AN ACT ENTITLED, An Act to
revise the circumstances under which
certain arrests may be effected without warrant.
Was read the second time.
The question being "Shall HB 1073 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Nays:
Napoli
Excused:
Apa
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 1078:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
bonding of township clerks and treasurers.
Was read the second time.
The question being "Shall HB 1078 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; 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); Two Bulls
Nays:
Napoli
Excused:
Apa
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 1104:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of
eavesdropping.
Was read the second time.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; 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); Two Bulls
Nays:
Napoli
Excused:
Apa
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 49:
FOR AN ACT ENTITLED, An Act to
modify the requirements for health discount
plans.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 49 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; 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; Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Apa; Olson (Ed)
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 64 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 130:
FOR AN ACT ENTITLED, An Act to
impose the 911 monthly telephone
surcharge to prepaid telephone calling services.
Was read the second time.
The question being "Shall SB 130 pass as amended?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Apa; Kloucek; 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 166:
FOR AN ACT ENTITLED, An Act to
adopt the Uniform Athlete Agents Act.
Was read the second time.
And the roll being called:
Yeas 21, Nays 14, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duniphan; Gray; Hanson (Gary);
Hundstad; Kloucek; Knudson; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed);
Peterson (Jim); Smidt; Sutton (Duane); Two Bulls
Nays:
Apa; Bogue; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz;
McNenny; Napoli; Schoenbeck; Sutton (Dan)
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 183:
FOR AN ACT ENTITLED, An Act to
provide for distinctive motor vehicle
license plates for certain military veterans.
Was read the second time.
The question being "Shall SB 183 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; 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
Nays:
Bogue
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.
Sen. Bogue moved that SB 206 be deferred to Friday, February 3, the 18th legislative day.
Which motion prevailed.
HB 1025:
FOR AN ACT ENTITLED, An Act to
revise state aid to special education.
Was read the second time.
The question being "Shall HB 1025 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.
HB 1095:
FOR AN ACT ENTITLED, An Act to
clarify the elements of the crime of
impersonating another.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1095 pass?"
And the roll being called:
Yeas 26, Nays 9, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Hansen (Tom); Hanson (Gary); Kelly; Knudson; Koetzle; Koskan; McCracken;
Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton
(Duane)
Nays:
Apa; Greenfield; Hundstad; Kloucek; Kooistra; Lintz; McNenny; Napoli; 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.
Which motion prevailed.
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 second time.
The question being "Shall HB 1056 pass as amended?"
And the roll being called:
Yeas 18, Nays 15, Excused 2, Absent 0
Yeas:
Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray; Hansen
(Tom); Knudson; Lintz; McCracken; McNenny; Olson (Ed); Schoenbeck; Smidt; Sutton
(Duane)
Nays:
Bartling; Earley; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan;
Moore; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls
Excused:
Abdallah; Kelly
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 1121:
FOR AN ACT ENTITLED, An Act to
revise notification requirements for
certain planning and zoning changes.
Was read the second time.
The question being "Shall HB 1121 pass as amended?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Apa; Greenfield; McNenny; 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.
The President publicly read the title to
SB 3:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
establishment of representation areas for school board members and determination of vacancies
on school boards.
HB 1002:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
type of documentation required for the registration of voters.
HB 1003:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
absentee voting.
HB 1033:
FOR AN ACT ENTITLED, An Act to
permit persons arrested for certain
boating violations to be released upon execution of a promise to appear in court or upon
furnishing a bond and to provide a penalty for failure to appear in court.
HB 1063:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions concerning the
authority of certain courts to issue warrants or summonses on indictment.
HB 1094:
FOR AN ACT ENTITLED, An Act to
clarify a custodian's access to certain
sealed records.
And signed the same in the presence of the Senate.
Sen. Kooistra moved that the Senate do now adjourn, which motion prevailed and at
3:28 p.m. the Senate adjourned.