The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by Senate pages Chelsee Nemec and Shanda Volek.
Roll Call: All members present except Sen. Smidt 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 twentieth 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 Joseph M.
Dondelinger of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of
Directors for Educational Telecommunications.
The question being "Does the Senate advise and consent to the executive reappointment
of Joseph M. Dondelinger pursuant to the executive message as found on page 152 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; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Smidt
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Glenna
Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Glenna Fouberg pursuant to the executive message as found on page 150 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; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Smidt
The Senate proceeded to the consideration of the executive reappointment of Marilyn Hoyt
of Beadle County, Huron, South Dakota, to the South Dakota Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Marilyn Hoyt pursuant to the executive message as found on page 148 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, 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; Peterson
(Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Olson (Ed); Smidt
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Kathryn
Johnson of Pennington County, Hill City, South Dakota, to the South Dakota Board of Regents.
The question being "Does the Senate advise and consent to the executive appointment of
Kathryn Johnson pursuant to the executive message as found on page 147 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; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim);
Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Hansen (Tom); Olson (Ed); Smidt
The Senate proceeded to the consideration of the executive appointment of Timothy
Kessler of Brown County, Aberdeen, South Dakota, to the South Dakota Game, Fish and Parks
Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Timothy Kessler pursuant to the executive message as found on page 144 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; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim);
Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Hansen (Tom); Olson (Ed); Smidt
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 Jeffrey G.
Olson of Pennington County, Rapid City, South Dakota, to the South Dakota Game, Fish and
Parks Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Jeffrey G. Olson pursuant to the executive message as found on page 144 of the Senate
Journal?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, 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; Sutton (Dan); Sutton (Duane); Two Bulls
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Committee on Appropriations respectfully reports that it has had under consideration
SB
168 and HB
1011 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 143 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 seven
hundred fifty thousand dollars ($
750,000
), or so much thereof as may be necessary, to the
Department of Agriculture for the state fair.
Section 2. There is hereby appropriated from the
employer's investment in South Dakota's
future
fund the sum of two hundred fifty thousand dollars ($
250,000
), or so much thereof as
may be necessary, to the Department of Agriculture for the state fair.
The Committee on Taxation respectfully reports that it has had under consideration SB 121
and returns the same with the recommendation that said bill be amended as follows:
"severed mineral interest by any county, school district, or other taxing district.
"
Section
1.
Electric utilities, public utilities, telecommunication companies, and rural water
systems have the right to the use of the railroad right-of-way for the placement of facilities, upon
payment of a reasonable fee, and subject to reasonable regulation and negotiation in good faith
as to location, placement, and compensation when the placement of facilities is outside the
public right of way."
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1206 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB
111
which was deferred to the 36th Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1037 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 Health and Human Services respectfully reports that it has had under
consideration SB 115, which was removed from the table, and returns the same with the
recommendation that said bill be amended as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
157 and
172 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR 2 and returns the same with recommendation that said resolution be amended as follows:
"
§
28. The intention of the State of South Dakota is to protect the life of the mother and the
life of her unborn child from conception to birth. This Constitution shall not be construed to
grant any right relating to abortion or the public funding thereof."
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
197 which was deferred to the 36th Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1178 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
1171 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 Judiciary respectfully reports that it has had under consideration
SB 138, which was removed from the table, and returns the same with the recommendation that
said bill be amended as follows:
"Section 1. That
§
15-7-6
be amended to read as follows:
15-7-6.
The use and operation by a resident of this state or
his
the resident's
agent, or by
a nonresident or
his
the nonresident's
agent of a motor vehicle within the State of South Dakota,
shall be deemed an irrevocable appointment by
such
the
resident or
his
the resident's
agent when
he
the resident
has been absent from this state continuously for
six months
thirty days
or more
following a motor vehicle accident, or by
such
the
nonresident or
his
the nonresident's
agent at
any time, of the secretary of state of South Dakota to be his
or her
true and lawful attorney upon
whom may be served all legal process in any action or proceeding against
him
the resident or
nonresident
or his
or her
personal representative growing out of such use and operation of a
motor vehicle within this state, resulting in damages or loss to person or property, whether the
damage or loss occurs on a highway or on abutting public or private property.
Such
The
appointment is binding upon the nonresident's personal representative.
Such
The
use or
operation of a motor vehicle by
such
the
resident or nonresident is a signification of
his
the
resident's or nonresident's
agreement that any such process in any action against
him
the resident
or nonresident
or his
or her
personal representative which is so served, shall be of the same legal
force and validity as if served upon
him
the resident or nonresident
personally or on
his
the
resident's or nonresident's
personal representative.
"
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1075 and returns the same with the recommendation that said bill be amended as follows:
"Section 2. That chapter
23A-37
be amended by adding thereto a NEW SECTION to read
as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB
102
which was deferred to the 36th Legislative Day.
The Committee on Legislative Procedure respectfully reports that SB 74 and 75 were
delivered to his Excellency, the Governor, for his approval at 8:55 a.m., February 8, 2006.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 42 and 54 and finds the same correctly enrolled.
I have the honor to transmit herewith HB 1069, 1154, and 1217 which have passed the
House and your favorable consideration is respectfully requested.
I have the honor to return herewith SB 42 and 54 which have passed the House without
change.
Also MR. PRESIDENT:
I have the honor to transmit herewith HCR 1005 which has been adopted by the House and
your concurrence is respectfully requested.
HCR 1005:
A CONCURRENT RESOLUTION,
Supporting a Taiwan-United States free
trade agreement.
Was read the first time.
The committee referral was waived and HCR 1005 was placed on the calendar of
Thursday, February 9, the 22nd legislative day.
Sen. Bogue moved that the reports of the Standing Committees on
Education on SB 134 as found on page 375 of the Senate Journal
; also
Agriculture and Natural Resources on SB 186 as found on page 380 of the Senate Journal
;
also
Agriculture and Natural Resources on HB 1082 as found on page 381 of the Senate Journal ; also
Which motion prevailed.
HB 1069:
FOR AN ACT ENTITLED, An Act to
prohibit the public sale of tax certificates.
Was read the first time and referred to the Committee on Local Government.
HB 1154:
FOR AN ACT ENTITLED, An Act to
impose an excise tax on the gross receipts
from the sale and use of farm machinery, farm attachment units, and irrigation equipment, to
exempt the gross receipts from the sale of farm machinery, farm attachment units, and irrigation
equipment from sales and use tax, and to declare an emergency.
Was read the first time and referred to the Committee on Taxation.
HB 1217:
FOR AN ACT ENTITLED, An Act to
provide for the clarification of sexual
abstinence instruction.
Was read the first time and referred to the Committee on Education.
SB 95:
FOR AN ACT ENTITLED, An Act to
clarify that certain statutory interim
committees may introduce legislation on their own motion.
Was read the second time.
The question being "Shall SB 95 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; 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 1017:
FOR AN ACT ENTITLED, An Act to
authorize the Public Utilities Commission
to implement and comply with certain federal energy acts and to validate certain related
commission actions.
Was read the second time.
The question being "Shall HB 1017 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; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Smidt
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 1043:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding life
insurance exclusions.
Was read the second time.
The question being "Shall HB 1043 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; 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 1044:
FOR AN ACT ENTITLED, An Act to
clarify the application of certain
provisions relating to the exemption of debt cancellation contracts from insurance regulation.
Was read the second time.
The question being "Shall HB 1044 pass?"
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; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Smidt
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 1045:
FOR AN ACT ENTITLED, An Act to
modify the requirements for coordination
of benefits between health plans.
Was read the second time.
The question being "Shall HB 1045 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; 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 1077:
FOR AN ACT ENTITLED, An Act to
authorize water user districts to establish
and operate wastewater systems.
Was read the second time.
The question being "Shall HB 1077 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; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Smidt
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, 198, and 202 be deferred to Thursday, February 9, the 22nd
legislative day.
Which motion prevailed.
SB 167:
FOR AN ACT ENTITLED, An Act to
revise the conditions under which the state
may enter into gaming compacts with Indian tribes.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 167 pass?"
And the roll being called:
Yeas:
Abdallah; Adelstein; Apa; Bogue; Dempster; Duenwald; Duniphan; Earley; Gant; Greenfield;
Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli;
Olson (Ed); Schoenbeck; Sutton (Duane)
Nays:
Bartling; Broderick; Gray; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf;
Peterson (Jim); Sutton (Dan); Two Bulls
Excused:
Smidt
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.
The question being "Shall SB 194 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; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Smidt
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 HJR 1001, 1002, 1003 and HB 1035 and 1036 be deferred to
Thursday, February 9, the 22nd legislative day.
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 second time.
And the roll being called:
Yeas 33, Nays 0, Excused 2, 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; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Abdallah; Smidt
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 1039:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to the
disposition of funds collected on local exchange service lines, cellular telephones, and radio
pager devices.
Was read the second time.
Sen. Bogue moved that HB 1039 and 1072 be placed to follow HB 1134 on today's
calendar.
Which motion prevailed.
HB 1118:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding failure
to stop at the command of a law enforcement officer and regarding eluding a law enforcement
officer in a vehicle.
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; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Napoli
Excused:
Smidt
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 the Senate do now recess until 3:35 p.m., which motion prevailed
and at 3:15 p.m., the Senate recessed.
Was read the second time.
Sen. Abdallah moved the previous question.
Sen. Koskan requested a roll call vote.
Which request was supported.
The question being on Sen. Abdallah's motion that the previous question be called.
And the roll being called:
Yeas 11, Nays 23, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Gray; Koetzle; Moore; Nesselhuf; Peterson (Jim); Schoenbeck;
Sutton (Dan); Two Bulls
Nays:
Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Greenfield; Hansen
(Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan; Lintz;
McCracken; McNenny; Napoli; Olson (Ed); Sutton (Duane)
Excused:
Smidt
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Sen. Koskan requested a roll call vote.
The question being on Sen. Koskan's motion that HB 1147 be further amended.
And the roll being called:
Yeas 8, Nays 26, Excused 1, Absent 0
Yeas:
Apa; Bogue; Duenwald; Duniphan; Greenfield; Koskan; Lintz; McNenny
Nays:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Earley; Gant; Gray; Hansen (Tom);
Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; McCracken; Moore;
Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two
Bulls
Excused:
Smidt
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
The question being "Shall HB 1147 pass as amended?"
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Hansen
(Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; McCracken;
Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton
(Duane); Two Bulls
Nays:
Apa; Bogue; Duniphan; Greenfield; Koskan; Lintz; McNenny
Excused:
Smidt
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 HB 1161 pass as amended?"
And the roll being called:
Yeas 26, Nays 8, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Koskan; Lintz;
McCracken; McNenny; Moore; Napoli; Olson (Ed); Sutton (Dan); Sutton (Duane)
Nays:
Kloucek; Knudson; Koetzle; Kooistra; Nesselhuf; Peterson (Jim); Schoenbeck; Two Bulls
Excused:
Smidt
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. Kloucek announced his intention to reconsider the vote by which HB 1161 passed.
HB 1089:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Vietnam War
Memorial.
Was read the second time.
Sen. Bogue moved that HB 1039, 1072, 1089, and 1134 be deferred to Thursday, February
9, the 22nd legislative day.
Which motion prevailed.
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 concurred in Senate
amendments to HB 1029 and 1190.
SC 4
Introduced by:
Senators Sutton (Dan), Abdallah, Bartling, Moore, Peterson (Jim), and
Schoenbeck and Representatives Gassman, Cutler, Garnos, Krebs, Lange, and Rave
The President publicly read the title to
SB 54:
FOR AN ACT ENTITLED, An Act to
revise the state trunk highway system.
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.
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.
HB 1032:
FOR AN ACT ENTITLED, An Act to
clarify that hunting, fishing, and trapping
privileges associated with a resident license continue after change of residency.
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.
HB 1086:
FOR AN ACT ENTITLED, An Act to
restrict the rights of certain sex offenders
related to adoption or visitation of children.
HB 1123:
FOR AN ACT ENTITLED, An Act to
exempt feed for certain game birds from
the sales and use tax.
HB 1130:
FOR AN ACT ENTITLED, An Act to
revise the definition of a temporary
supplemental lot for use by vehicle dealers.
And signed the same in the presence of the Senate.
Sen. Lintz moved that the Senate do now adjourn, which motion prevailed and at 4:37 p.m.
the Senate adjourned.