The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of
Allegiance led by Senate pages Catherine Watkins and Philip Mulder.
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 eighteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Pages: Mary Grode, Brittany Kerr, Philip Mulder, Chelsee Nemec, Abby Roberts, Teneil
Ryno, Allison Struck, Shanda Volek, Catherine Watkins, and Austin Wiese.
Which were subscribed to and placed on file in the office of the Secretary of State.
The President introduced the 2006 Easter Seals Family, Ron, Marnie, Shaina, and Abby
Farris from Pierre, to the body.
Sen. Schoenbeck moved that the consideration of the executive appointment of Debra C.
Flute be deferred to Thursday, February 9, the 22nd Legislative Day.
Which motion prevailed.
The Committee on State Affairs respectfully reports that it has had under consideration
SB
167 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
131 which was deferred to the 36th Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration HB
1161 and returns the same with the recommendation that said bill do pass.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1077 and returns the same with the recommendation that said bill be amended
as follows:
"Section 7. That chapter
46A-9
be amended by adding thereto a NEW SECTION to read
as follows:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
165 and
189 and HB
1021,
1022, and
1087 and returns the same with the recommendation
that said bills do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1035 and
1072 and returns the same with the recommendation that said bills
do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1059 and
1156 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 Health and Human Services respectfully reports that it has had under
consideration SB
177 which was deferred to the 36th Legislative Day.
The Committee on Legislative Procedure respectfully reports that it has had under
consideration SB 95 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1118 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
1109 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1134 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
HB
1100 which was deferred to the 36th Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 13 and finds the same correctly enrolled.
I have the honor to transmit herewith HB 1113, 1182, and 1246 which have passed the
House and your favorable consideration is respectfully requested.
I have the honor to return herewith SB 13 which has passed the House without change.
Sen. Bogue moved that the reports of the Standing Committees on
Appropriations on SB 65 as found on page 350 of the Senate Journal
; also
Appropriations on SB 142 as found on page 351 of the Senate Journal
; also
State Affairs on SB 165 as found on page 339 of the Senate Journal
; also
Appropriations on SB 202 as found on page 351 of the Senate Journal
; also
Appropriations on SB 203 as found on page 351 of the Senate Journal
; also
Judiciary on HB 1147 as found on page 340 of the Senate Journal be adopted.
Which motion prevailed.
HB 1113:
FOR AN ACT ENTITLED, An Act to
exempt claims related to wildland fire
operations outside the state from certain workers' compensation provisions.
Was read the first time and referred to the Committee on Commerce.
HB 1182:
FOR AN ACT ENTITLED, An Act to
allow school districts to expend from the
capital outlay fund for some of their mileage reimbursement costs.
Was read the first time and referred to the Committee on Education.
HB 1246:
FOR AN ACT ENTITLED, An Act to
authorize the state to join an interstate
compact for the prevention and control of forest fires.
Was read the first time and referred to the Committee on State Affairs.
Sen. Jim Peterson requested that HB 1097 be removed from the Consent Calendar.
SB 61:
FOR AN ACT ENTITLED, An Act to
establish the Motor Vehicle Insurance Data
Base Task Force and to provide for its composition, scope, and administration.
Was read the second time.
The question being "Shall SB 61 pass as amended?"
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 100:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding state
fund condition statements.
Was read the second time.
The question being "Shall SB 100 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.
Was read the second time.
The question being "Shall SB 151 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 1029:
FOR AN ACT ENTITLED, An Act to
prohibit the use of crossbows for fishing
unless an exception is granted in rules promulgated by the Game, Fish and Parks Commission.
Was read the second time.
The question being "Shall HB 1029 pass as amended?"
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.
Sen. Bogue moved that SB 30 be deferred to Wednesday, February 8, the 21st legislative
day.
SB 184:
FOR AN ACT ENTITLED, An Act to
provide for the notification of certain
members of the armed forces concerning screening for exposure to depleted uranium.
Was read the second time.
The question being "Shall SB 184 pass as amended?"
And the roll being called:
Yeas 23, Nays 12, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Broderick; Duenwald; Duniphan; Hansen (Tom); Hanson (Gary);
Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Lintz; Moore; Napoli; Nesselhuf;
Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls
Nays:
Apa; Bogue; Dempster; Earley; Gant; Gray; Greenfield; Koskan; McCracken; McNenny; Smidt;
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 200:
FOR AN ACT ENTITLED, An Act to
authorize the risk pool board to allow
additional enrollees into the risk pool under certain circumstances.
Was read the second time.
The question being "Shall SB 200 pass as amended?"
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.
Was read the second time.
The question being "Shall SB 201 pass?"
And the roll being called:
Yeas 33, Nays 2, 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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Koetzle; Nesselhuf
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 152:
FOR AN ACT ENTITLED, An Act to
appropriate money for the design and
construction of National Guard armories and to declare an emergency.
Was read the second time.
The question being "Shall SB 152 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, 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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Koetzle
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.
Was read the second time.
Sen. Nesselhuf moved that SB 194 be deferred to Tuesday, February 7, the 20th legislative
day.
Which motion prevailed.
SB 204:
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 second time.
The question being "Shall SB 204 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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
Excused:
Abdallah
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 205:
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 second time.
The question being "Shall SB 205 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Gant
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. 7.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1006 and has appointed Reps. Deadrick, Howie, and Sigdestad as
a committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced as such committee Sens. McNenny, Jim Peterson, and Napoli.
Sen. Bogue moved that HJR 1001, 1002, and 1003 be deferred to Wednesday, February
8, the 21st legislative day.
Which motion prevailed.
Sen. Bogue moved that HB 1007, 1036, and 1039 be deferred to Tuesday, February 7, the
20th legislative day.
Which motion prevailed.
Was read the second time.
The question being "Shall HB 1032 pass?"
And the roll being called:
Yeas 19, Nays 14, Excused 2, Absent 0
Yeas:
Adelstein; Bogue; Dempster; Duenwald; Duniphan; Earley; Hansen (Tom); Kelly; Kloucek;
Knudson; Kooistra; Koskan; Lintz; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton
(Duane)
Nays:
Abdallah; Apa; Bartling; Broderick; Gray; Greenfield; Hanson (Gary); Hundstad; Koetzle;
McCracken; Moore; Peterson (Jim); Sutton (Dan); Two Bulls
Excused:
Gant; McNenny
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 1034:
FOR AN ACT ENTITLED, An Act to
revise the definition of anabolic steroid,
to schedule certain controlled substances, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1034 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 two-thirds 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 HB 1130 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 1190:
FOR AN ACT ENTITLED, An Act to
specifically exclude ridden animals and
bicycles from violations of the DUI statutes.
Was read the second time.
The question being "Shall HB 1190 pass as amended?"
And the roll being called:
Yeas 23, Nays 12, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bogue; Duenwald; Duniphan; Gant; Gray; Greenfield; Hanson (Gary);
Kelly; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf;
Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane)
Nays:
Apa; Bartling; Broderick; Dempster; Earley; Hansen (Tom); Hundstad; Kooistra; Koskan;
Peterson (Jim); 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.
HB 1012:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to
construct an advanced materials processing and joining laboratory foundry addition to the
Metallurgy Foundry Building at the South Dakota School of Mines and Technology, to make
an appropriation therefor, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1012 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; Gray; 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); Two Bulls
Excused:
Koetzle
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.
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 second time.
The question being "Shall HB 1014 pass?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan;
Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Moore
Excused:
Hansen (Tom); Koetzle
HB 1086:
FOR AN ACT ENTITLED, An Act to
restrict the rights of certain sex offenders
related to adoption or visitation of children.
Was read the second time.
The question being "Shall HB 1086 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; Gray; Greenfield; 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:
Hansen (Tom)
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 1123:
FOR AN ACT ENTITLED, An Act to
exempt feed for certain game birds from
the sales and use tax.
Was read the second time.
The question being "Shall HB 1123 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant;
Gray; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Lintz;
McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Duniphan; Kelly; Knudson
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 13:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
publication of facsimile ballots.
HB 1025:
FOR AN ACT ENTITLED, An Act to
revise state aid to special education.
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.
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.
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.
HB 1073:
FOR AN ACT ENTITLED, An Act to
revise the circumstances under which
certain arrests may be effected without warrant.
HB 1078:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
bonding of township clerks and treasurers.
HB 1095:
FOR AN ACT ENTITLED, An Act to
clarify the elements of the crime of
impersonating another.
HB 1104:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of
eavesdropping.
HB 1121:
FOR AN ACT ENTITLED, An Act to
revise notification requirements for
certain planning and zoning changes.
And signed the same in the presence of the Senate.
Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at
3:37 p.m. the Senate adjourned.