The prayer was offered by the Chaplain, Pastor Alia Stowers, followed by the Pledge of
Allegiance led by Senate page Abby Roberts and Teneil Ryno.
Roll Call: All members present except Sen. Two Bulls 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 nineteenth 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 February 6, 2006, I approved Senate Bill 3 and the
same has been deposited in the office of the Secretary of State.
The Committee on Appropriations respectfully reports that it has had under consideration
HB
1089 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 1189 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB
147 which was deferred to the 36th Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
SB
198 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB
199 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 134 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
4-5-29.2.
Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine
the market value of the education enhancement trust fund as of December 31, 2003, and each
calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state
investment officer shall calculate an amount equal to four
and eight tenths
percent of that market
value, without invading principal, as eligible for distribution. For the purpose of this section,
the term, principal, means the sum of all contributions to the fund. Beginning with the
distribution in fiscal year 2007, the market value shall be determined by adding the market value
of the trust fund at the end of the sixteen most recent calendar quarters as of December
thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment
officer, the state treasurer shall transfer the amount from the education enhancement trust fund
to the state general fund as soon as practicable after July first of the next fiscal year.
Section 3. The state treasurer shall transfer from the state general fund an amount equal to
eight tenths percent of the fair value of the education enhancement trust fund calculated in
§
4-
5-29.2 from the education enhancement trust fund to the sparse school district fund which is
hereby created in the state treasury. The purpose of the fund is to provide funding to sparse
school districts as defined in subdivision 13-13-10.1(2A).
Section 4. There is hereby appropriated from the sparse school district fund the sum of three
million dollars ($3,000,000), or so much thereof as may be necessary, to the Department of
Education for distribution to sparse school districts pursuant to this Act.
Section 5. The secretary of the Department of Education shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act."
4-8A-8.
Moneys
Except as otherwise provided by this Act, moneys
appropriated on a
program basis by the General Appropriation Act may be transferred between program accounts
within or between programs within departments and bureaus or between departments and
bureaus to reflect a reorganization pursuant to Article IV, section 8 of the South Dakota
Constitution only at the written request of a governing body, department secretary, or bureau
commissioner, or designee, in accordance with procedures established by the Bureau of Finance
and Management and only upon written approval of the Bureau of Finance and Management.
Transfer of moneys appropriated by the General Appropriations Act between departments,
institutions, and bureaus that is not necessary for a reorganization pursuant to Article IV, section
8 of the South Dakota Constitution may only occur at the written request of a governing body,
department secretary, or bureau commissioner, or designee, only in accordance with procedures
established by the Bureau of Finance and Management and only upon approval by the special
committee created in this chapter. The Bureau of Finance and Management shall keep a record
of all such authorizations of transfers and make them available for public inspection. The bureau
shall also submit an informational report detailing all transfers approved to the special
legislative committee established in § 4-8A-2.
Section 7. That chapter
4-8A
be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter
4-8
be amended by adding thereto a NEW SECTION to read as
follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Joseph M. Dondelinger of Minnehaha County, Sioux Falls, South Dakota, to the
South Dakota Board of Directors for Educational Telecommunications 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 Education respectfully reports that it has had under consideration the
nomination of Glenna Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota
Board of Education 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 Education respectfully reports that it has had under consideration the
nomination of Marilyn Hoyt of Beadle County, Huron, South Dakota, to the South Dakota
Board of Education 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 Education respectfully reports that it has had under consideration the
nomination of Kathryn Johnson of Pennington County, Hill City, South Dakota, to the State
Board of Regents and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
The Committee on Education respectfully reports that it has had under consideration SB
81
and tabled the same.
The Committee on Commerce respectfully reports that it has had under consideration
HB
1017,
1043,
1044, and
1045 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 Commerce respectfully reports that it has had under consideration
SB
192 and tabled the same.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
HB
1058 which was deferred to the 36th Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 186 and returns the same with the recommendation that said bill be
amended as follows:
"Section 2. The provisions of this Act do not abrogate any existing statute or rule pertaining
to the authority of the Department of Game, Fish and Parks or the Game, Fish and Parks
Commission.
10-45-19.
Motor fuel, including kerosene, tractor fuel, liquefied petroleum gas, natural and
artificial gas, diesel fuels, and distillate,
when
if
used for agricultural or railroad purposes, is
exempt from excise taxes imposed under this chapter.
"Section 1. For the purposes of all classification and administration of the statutes of the
State of South Dakota, executive orders, administrative orders, and rules pertaining to upland
game birds that are being raised in captivity:
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1082 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 the nomination of Timothy Kessler of Aberdeen, South Dakota, to the
Game, Fish and Parks Commission and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Jeffrey G. Olson of Rapid City, South Dakota, to the
Game, Fish and Parks 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 SB 13, 25, 41, 43, and
55 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 7,
2006.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 74 and 75 and finds the same correctly enrolled.
I have the honor to return herewith SB 74 and 75 which have passed the House without
change.
I have the honor to transmit herewith HB 1038, 1060, 1110, 1135, 1141, 1162, 1172, 1186,
1205, 1209, 1212, 1224, 1239, 1243, and 1247 which have passed the House and your favorable
consideration is respectfully requested.
Sen. Bogue moved that the reports of the Standing Committees on
Legislative Procedure on SB 95 as found on page 358 of the Senate Journal
; also
Local Government on HB 1077 as found on page 357 of the Senate Journal
; also
Judiciary on HB 1134 as found on page 359 of the Senate Journal be adopted.
Which motion prevailed.
HB 1038:
FOR AN ACT ENTITLED, An Act to
make an appropriation to reimburse
certain family physicians and certain dentists who have complied with the requirements of the
physician tuition reimbursement program and the dental tuition reimbursement program.
Was read the first time and referred to the Committee on Appropriations.
HB 1060:
FOR AN ACT ENTITLED, An Act to
revise the property tax levies for the
general fund and the special education tax levy of a school district.
Was read the first time and referred to the Committee on Education.
HB 1110:
FOR AN ACT ENTITLED, An Act to
provide compensation to certain retailers
for collecting and remitting the sales tax.
Was read the first time and referred to the Committee on Taxation.
Was read the first time and referred to the Committee on Judiciary.
HB 1141:
FOR AN ACT ENTITLED, An Act to
provide standards for interpreting for the
deaf and hard-of-hearing by requiring national interpreter certification and to repeal the state
certification process and replace it with registration.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1162:
FOR AN ACT ENTITLED, An Act to
provide for restitution to the state for
expenses incurred in investigating false claims related to pesticide use.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1172:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
allocation of nonresident big game hunting licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1186:
FOR AN ACT ENTITLED, An Act to
provide a procedure for implementing the
standard visitation guidelines.
Was read the first time and referred to the Committee on Judiciary.
HB 1205:
FOR AN ACT ENTITLED, An Act to
provide for an exemption to the records
search fee for attorneys of record.
Was read the first time and referred to the Committee on Judiciary.
HB 1209:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding money
lending.
Was read the first time and referred to the Committee on Commerce.
HB 1212: FOR AN ACT ENTITLED, An Act to revise certain provisions related to limited big game hunting licenses for landowners.
HB 1224:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
prior approval of premium rates for certain health benefit plans.
Was read the first time and referred to the Committee on Commerce.
HB 1239:
FOR AN ACT ENTITLED, An Act to
make appropriations from the water and
environment fund, the environment and natural resources fee fund, the water pollution control
revolving fund subfund, the drinking water revolving fund subfund for various water and
environmental purposes, to revise the state water plan, and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1243:
FOR AN ACT ENTITLED, An Act to
make an appropriation to the Department
of Education to reimburse certain school districts for consolidation incentives.
Was read the first time and referred to the Committee on Appropriations.
HB 1247:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
educational benefits for spouses of members of the South Dakota National Guard.
Was read the first time and referred to the Committee on State Affairs.
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 second time.
The question being "Shall HB 1059 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Nays:
Napoli
Excused:
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 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 second time.
The question being "Shall HB 1109 pass as amended?"
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; 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)
Nays:
Napoli
Excused:
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 1156:
FOR AN ACT ENTITLED, An Act to
require a study of the continuum of care
needs for senior citizens.
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; 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)
Nays:
Napoli
Excused:
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 194:
FOR AN ACT ENTITLED, An Act to
revise the definition of wine for farm
wineries.
Having had its second reading was up for consideration and final passage.
Sen. Nesselhuf moved that SB 194 be deferred to Wednesday, February 8, the 21st
legislative day.
Which motion prevailed.
SB 65:
FOR AN ACT ENTITLED, An Act to
appropriate money for roof repairs at
Western Dakota Technical Institute and to declare an emergency.
Was read the second time.
The question being "Shall SB 65 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Nays:
Apa; Moore
Excused:
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.
SB 142:
FOR AN ACT ENTITLED, An Act to
direct the Office of the Attorney General
to study open government issues in South Dakota.
Was read the second time.
The question being "Shall SB 142 pass as amended?"
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent 0
Yeas:
Abdallah; Apa; Bartling; Broderick; Dempster; Earley; Gant; Hanson (Gary); Hundstad; Kelly;
Knudson; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt;
Sutton (Dan); Sutton (Duane)
Nays:
Adelstein; Bogue; Duenwald; Duniphan; Gray; Greenfield; Hansen (Tom); Kloucek; Koetzle;
Kooistra; Koskan; Lintz; Moore; Nesselhuf
Excused:
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 165:
FOR AN ACT ENTITLED, An Act to
appropriate money to the South Dakota
Energy Infrastructure Authority and declare an emergency.
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; 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)
Excused:
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.
SB 167:
FOR AN ACT ENTITLED, An Act to
revise the conditions under which the state
may enter into gaming compacts with Indian tribes.
Was read the second time.
Sen. Knudson moved that SB 167 be deferred to Wednesday, February 8, the 21st
legislative day.
Which motion prevailed.
Sen. Bogue moved that SB 202 be deferred to Wednesday, February 8, the 21st legislative
day.
Which motion prevailed.
SB 189:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning fire
suppression agreements and payment of certain costs incurred in suppressing forest fires.
Was read the second time.
The question being "Shall SB 189 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
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 203:
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related to
the statewide sex offender registry and to declare an emergency.
Was read the second time.
The question being "Shall SB 203 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;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
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.
Sen. Bogue moved that HB 1021, 1035, 1036, 1039, 1072, 1118, 1147, and 1161 be
deferred to Wednesday, February 8, the 21st legislative day.
Which motion prevailed.
Was read the second time.
The question being "Shall HB 1007 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;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
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.
HB 1097:
FOR AN ACT ENTITLED, An Act to
permit municipalities to refund certain
sales and use taxes to contractors and subcontractors.
Was read the second time.
The question being "Shall HB 1097 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
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 1022:
FOR AN ACT ENTITLED, An Act to
revise the disposition of funds received
for charges for board and room for work release inmates.
Was read the second time.
The question being "Shall HB 1022 pass?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gray;
Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koskan; Lintz;
McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Sutton (Duane)
Nays:
Bartling; Gant; Kloucek; Koetzle; Kooistra
Excused:
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.
HB 1087:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Northern Crops
Institute.
Was read the second time.
The question being "Shall HB 1087 pass?"
And the roll being called:
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Nays:
Kooistra; Napoli
Excused:
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.
The President publicly read the title to
SB 74:
FOR AN ACT ENTITLED, An Act to
repeal the Game, Fish and Parks
Commission exemption relating to small business impact statements.
SB 75:
FOR AN ACT ENTITLED, An Act to
rescind the repeal of certain provisions
relating to small business impact statements.
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.
HB 1065:
FOR AN ACT ENTITLED, An Act to
extend immunity to certain directors,
trustees, committee members and officers of certain nonprofit corporations and to members of
certain advisory boards.
HB 1074:
FOR AN ACT ENTITLED, An Act to
provide for recognition of certain stalking
or physical violence protection orders as foreign domestic violence orders.
HB 1107:
FOR AN ACT ENTITLED, An Act to
clarify the definition of a salvage vehicle.
And signed the same in the presence of the Senate.
Sen. Duenwald moved that the Senate do now adjourn, which motion prevailed and at
3:25 p.m. the Senate adjourned.