The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of
Allegiance led by Senate pages Jesse Liebe and Tyler Luckhurst.
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 seventeenth 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 Cindy
Mydland of Brookings County, Brookings, South Dakota, to the South Dakota Housing
Development Authority.
The question being "Does the Senate advise and consent to the executive reappointment
of Cindy Mydland pursuant to the executive message as found on page 149 of the Senate
Journal?"
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 question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Douglas J.
Sharp of Codington County, Watertown, South Dakota, to the South Dakota Lottery
Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Douglas J. Sharp pursuant to the executive message as found on page 146 of the Senate
Journal?"
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
The Committee on Taxation respectfully reports that it has had under consideration
HB
1123 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
1097 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
80
and tabled the same.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB
187
which was deferred to the 36th Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 165 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. There is hereby appropriated from the
state general
fund the sum of two
hundred forty-seven thousand dollars ($
247,000
), or so much thereof as may be necessary, to
the Department of Tourism and State Development to be used for the operations of the South
Dakota Energy Infrastructure Authority.
Section 3. Any amount appropriated in this Act not lawfully expended or obligated by
June 30, 2007, shall revert in accordance with
§
4-8-21.
Section 4. 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 State Affairs respectfully reports that it has had under consideration
SB
188 and tabled the same.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
190 which was deferred to the 36th Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1086 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1147 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Debra C. Flute of Roberts County, Sisseton, South Dakota, to the Board of
Pardons and Paroles 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 25, 41, 43, and 55 and finds the same correctly
enrolled.
The Committee on Legislative Procedure respectfully reports that SB 3 was delivered to
his Excellency, the Governor, for his approval at 10:43 a.m., February 3, 2006.
I have the honor to transmit herewith HB 1067, 1081, 1098, 1137, 1164, 1165, 1170, 1177,
1181, 1204, 1225, 1226 and 1227 which have passed the House and your favorable
consideration is respectfully requested.
I have the honor to return herewith SB 25, 41, 43, and 55 which have passed the House
without change.
Also MR. PRESIDENT:
I have the honor to transmit herewith HCR 1004 which has been adopted by the House and
your concurrence is respectfully requested.
SENATE PAGE RESOLUTION 2 Introduced by: Senators 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
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-first
Legislature of the State of South Dakota to Chelsea Hageman, Jesse Liebe, Kate Lindblom,
Tyler Luckhurst, Katie Manning, Janae Olinger, Stephanie Olson, Wendy Pepper, and
Amanda Schulz.
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-first
Legislative Session; and
WHEREAS, the members of the Eighty-first Senate express their most sincere appreciation
to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
Sen. Bogue moved that Senate Page Resolution 2 be adopted.
The question being on Sen. Bogue's motion that Senate Page Resolution 2 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
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:
Abdallah; Gray
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Knudson moved that SB 189 be referred to the Committee on Appropriations.
Which motion prevailed.
HCR 1004:
A CONCURRENT RESOLUTION,
Urging the voters of South Dakota to
reject the Judicial Accountability Initiated Law (J.A.I.L.), which will be submitted to South
Dakota voters in November 2006, designated Amendment E.
Was read the first time and referred to the Committee on State Affairs.
Sen. Bogue moved that the reports of the Standing Committees on
Commerce on SB 61 as found on page 321 of the Senate Journal
; also
Commerce on SB 194 as found on page 320 of the Senate Journal
; also
Commerce on SB 200 as found on page 321 of the Senate Journal ; also
Which motion prevailed.
SB 209
Introduced by:
The Committee on Appropriations
FOR AN ACT ENTITLED, An Act to
appropriate money for the ordinary expenses of the
legislative, judicial, and executive departments of the state, the expenses of state institutions,
interest on the public debt, and for common schools.
Was read the first time and referred to the Committee on Appropriations.
HB 1067:
FOR AN ACT ENTITLED, An Act to
classify certain persons as residents for
purposes of higher education tuition.
Was read the first time and referred to the Committee on Education.
HB 1081:
FOR AN ACT ENTITLED, An Act to
exempt from the sales and use taxes
certain maintenance items used on agricultural machinery and equipment and to declare an
emergency.
Was read the first time and referred to the Committee on Taxation.
HB 1098:
FOR AN ACT ENTITLED, An Act to
exempt swine and cattle semen from sales
use tax.
Was read the first time and referred to the Committee on Taxation.
HB 1137:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
practice of counseling.
Was read the first time and referred to the Committee on Commerce.
HB 1164: FOR AN ACT ENTITLED, An Act to provide for the taxation of leased motorcycles and motorized bicycles.
HB 1165:
FOR AN ACT ENTITLED, An Act to
establish a workers compensation small
claims procedure.
Was read the first time and referred to the Committee on Commerce.
HB 1170:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
voting requirements of the board of adjustment.
Was read the first time and referred to the Committee on Local Government.
HB 1177:
FOR AN ACT ENTITLED, An Act to
limit the amount in the Employer's
Investment in South Dakota's Future Fund.
Was read the first time and referred to the Committee on Commerce.
HB 1181:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
humane societies.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1204:
FOR AN ACT ENTITLED, An Act to
exempt certain persons from jury duty
because of religious beliefs.
Was read the first time and referred to the Committee on Judiciary.
HB 1225:
FOR AN ACT ENTITLED, An Act to
rename the office and the title of the head
of the Old Age and Survivors Insurance Division in the Office of the State Auditor and specify
the position's duties.
Was read the first time and referred to the Committee on Government Operations and
Audit.
HB 1226:
FOR AN ACT ENTITLED, An Act to
expand the tax refund for agricultural
processing facilities to include expansions to existing facilities and to revise the time period in
which an application must be submitted.
Was read the first time and referred to the Committee on Taxation.
Was read the first time and referred to the Committee on Taxation.
Sen. Moore requested that HB 1032 be removed from the Consent Calendar.
SB 14:
FOR AN ACT ENTITLED, An Act to
revise certain residency requirements
regarding the eligibility for admission to the State Veterans' Home.
Was read the second time.
The question being "Shall SB 14 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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 91:
FOR AN ACT ENTITLED, An Act to
remove the requirement of providing social
security numbers in certain probate matters.
Was read the second time.
The question being "Shall SB 91 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 119:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
use of the emergency rule adoption procedure.
Was read the second time.
The question being "Shall SB 119 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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1107:
FOR AN ACT ENTITLED, An Act to
clarify the definition of a salvage vehicle.
Was read the second time.
The question being "Shall HB 1107 pass?"
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.
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 second time.
The question being "Shall HB 1030 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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 206:
FOR AN ACT ENTITLED, An Act to
revise certain provisions of the owner-
occupied classification for property tax relief purposes.
Was read the second time.
The question being "Shall SB 206 pass?"
Yeas 15, Nays 19, Excused 1, Absent 0
Yeas:
Adelstein; Bartling; Hundstad; Kelly; Kloucek; Knudson; Koetzle; Lintz; Moore; Nesselhuf;
Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Two Bulls
Nays:
Abdallah; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Greenfield;
Hansen (Tom); Hanson (Gary); Kooistra; Koskan; McCracken; McNenny; Napoli; Schoenbeck;
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.
SB 30:
FOR AN ACT ENTITLED, An Act to
revise the use of certain funds in the
Department of Education.
Was read the second time.
Sen. Koskan moved that SB 30 be deferred to Monday, February 6, the 19th legislative day.
Which motion prevailed.
SB 180:
FOR AN ACT ENTITLED, An Act to
require consumer reporting agencies to
provide security freezes for consumers who are victims of identity theft.
Was read the second time.
The question being "Shall SB 180 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
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. Bogue moved that SB 184 and 201 and HB 1034, 1036, 1130, and 1190 be deferred
to Monday, February 6, the 19th legislative day.
Which motion prevailed.
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
152,
204, and
205 and HB
1012 and
1014 and returns the same with the recommendation
that said bills do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
100 and
151 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 Appropriations respectfully reports that it has had under consideration
SB 65 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 142 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 202 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 203 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
171 and HB
1018 and tabled the same.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
137 and
193 which were deferred to the 36th Legislative Day.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1065 and 1074.
The President publicly read the title to
SB 25:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning motor
carrier regulation and to transfer the authority to regulate motor carriers from the Public Utilities
Commission to the Department of Revenue and Regulation.
SB 43:
FOR AN ACT ENTITLED, An Act to
update certain provisions for the storage of
explosive materials.
SB 55:
FOR AN ACT ENTITLED, An Act to
modify the process for state highway road
closures due to inclement weather.
HB 1005:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
cancelled livestock brands.
HB 1042:
FOR AN ACT ENTITLED, An Act to
revise certain requirements regarding the
license renewal of insurance producers.
HB 1048:
FOR AN ACT ENTITLED, An Act to
revise the reporting and remittance
requirements for certain state taxes and to declare an emergency.
HB 1049:
FOR AN ACT ENTITLED, An Act to
revise the effective dates of certain laws
regarding the regulation of motor vehicle license plates.
HB 1050:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
taxation of motor fuel and the refunding of motor fuel taxes.
HB 1051:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding notice
to a tribe of a child custody proceeding subject to the Indian Child Welfare Act.
HB 1053:
FOR AN ACT ENTITLED, An Act to
codify legislation enacted in 2005.
HB 1064:
FOR AN ACT ENTITLED, An Act to
increase the penalty for subsequent
convictions for the crime of stalking.
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.
And signed the same in the presence of the Senate.
Sen. McNenny moved that the Senate do now adjourn, which motion prevailed and at
1:53 p.m. the Senate adjourned.