The prayer was offered by the Chaplain, Reverend Richard Fox, followed by the Pledge
of Allegiance led by Senate page Mary Grode and Austin Wiese.
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 twenty-first 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 appointment of Debra C. Flute
of Roberts County, Sisseton, South Dakota, to the South Dakota Board of Pardons and Paroles.
The question being "Does the Senate advise and consent to the executive appointment of
Debra C. Flute pursuant to the executive message as found on page 222 of the Senate Journal?"
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 question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
President Pro Tempore Schoenbeck now presiding.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB
1071 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB
1015 and returns the same with the recommendation that said bill be
referred to the Committee on Appropriations.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 188, which was removed from the table, and returns the same with the recommendation that
said bill be amended as follows:
"Section 1. The Legislature of South Dakota finds that the involvement of governmental
entities in the sale of goods, commodities, and services is an infringement on the free enterprise
system. The Legislature recognizes that the free enterprise system supports and pays for
governmental services and competition by governmental entities in some cases is detrimental
to the best interests of South Dakota.
Section 2. No governmental entity, including those adopting home rule pursuant to S.D.
Const., Art. IX,
§
2 and including the legislative and executive departments may sell goods,
commodities, or services to the general public, if those goods, commodities, or services are
readily available through a private business or a nongovernmental entity.
Section 3. The Legislature may by law provide for exceptions to section 2 of this Act in
regard to sales of goods, commodities, and services by the State of South Dakota.
Section 4. The provisions of this Act do not apply to industrial parks or utilities, or to the
expansion or creation of infrastructure by a governmental entity for the provision of public
services, such as roads, bridges, buildings, water and sewer, and other services not suitable for
private enterprise to provide.
Section 5. If a governmental entity other than the State of South Dakota desires to enter into
the sale of goods, commodities, or services that the governmental entity is not presently
providing on the effective date of this Act, the governmental entity shall:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR
1 which was tabled.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
191 which was deferred to the 36th Legislative Day.
The Committee on Appropriations respectfully reports that it has had under consideration
SB
134 and HB
1038,
1239, and
1243 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 153 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. The state treasurer shall transfer forty-two million dollars ($42,000,000) from
the railroad trust fund to the property tax reduction fund.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
199 which was deferred to the 36th Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
HB
1023 and
1024 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 Education respectfully reports that it has had under consideration
SB 81, which was removed from the table, and returns the same with the recommendation that
said bill be amended as follows:
"Section 1. Terms used in this Act mean:
Section 3. No person may knowingly and intentionally sell, or attempt to sell, confidential
communications records information from a communications provider without authorization
from the customer to whom such confidential communications records information relates. A
violation of this section is a Class 6 felony.
Section 4. This Act may not be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain confidential communications records information from a communications provider pursuant to a subpoena or court order.
Section 6. This Act does not prohibit a communications provider from obtaining, using,
disclosing, or permitting access to any confidential communications records information in
connection with the sale or transfer of all or part of its business, the purchase or acquisition of
all or part of a business, or the migration of a customer from one communications provider to
another.
Section 7. Any consumer who claims to have been adversely affected by any act or practice
declared to be unlawful by section 2 or section 3 of this Act may bring a civil action for the
recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as
a result of the willful act or practice. In addition, the consumer may collect court costs and
reasonable attorney fees expended by the consumer to bring an action under this section."
"Section 8. 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 Education respectfully reports that it has had under consideration
SB 103, which was reconsidered, and returns the same with the recommendation that said bill
be amended as follows:
"
Section
1.
That
§
32-5-42
be amended to read as follows:
32-5-42.
Any motor vehicle that is the property of this state, the United States, a county,
a township, a municipality, a public or nonpublic school accredited by the Department of
Education, an Indian mission school in this state, an Indian tribe, a fire department,
a federally
funded Head Start Program bus,
or any bus or van owned by a church, or any vehicle purchased
by the state under sections 18 and 16(b)2 of the Urban Mass Transportation Act of 1964 to
provide public transportation or specialized transportation or both in rural and urbanized areas
may be registered upon application, in the manner provided for other motor vehicles. However,
the custodian of the vehicle shall make the application directly to the department. No fees may
be charged for the registration of the vehicle. The department, upon payment to it of the actual
cost of the plates, shall furnish number plates for the vehicle. All costs collected under the
provisions of this section shall be deposited in the license plate special revenue fund. Any
disbursement from this fund shall be made by warrants drawn by the state auditor on vouchers
duly approved by the department. If the vehicle is used for a private business use or as a
commercial motor carrier as defined in § 32-9-1, the operator shall secure vehicle registration
pursuant to chapter 32-9 for such use.
"
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1067 and returns the same with the recommendation that said bill be amended as follows:
"Section 2. There is hereby appropriated from the
general
fund the sum of thirty thousand
dollars ($
30,000
), or so much thereof as may be necessary, to the Board of Regents for the
purposes of this Act.
Section 3. The executive director of the Board of Regents shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by
June
30, 2007, shall revert in accordance with
§
4-8-21."
The Committee on Education respectfully reports that it has had under consideration
SB
170 and
196 which were deferred to the 36th Legislative Day.
The Committee on Commerce respectfully reports that it has had under consideration
HB
1111 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
HB
1070 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 Commerce respectfully reports that it has had under consideration
SB 98, which was removed from the table, and returns the same with the recommendation that
said bill be amended as follows:
"Section 1. That
§
35-2-7
be amended to read as follows:
35-2-7.
Any license granted under this title may be transferred to a new location or to
another person. If the transfer is to another person, the licensee
must
shall
show in writing,
under oath, that
he
the licensee
has made a bulk sale of the business operated under the license.
The bulk sale may be conditioned upon the granting of a transfer of the license. The transferee
must
shall
make an application exactly as if an original applicant, and the application shall take
the same course and be acted upon as if an original application. No transfer of any license to
another person may be granted until all
municipal and state sales
taxes incurred by the transferor
as a result of the operation of the licensed premises
have been paid and that all property taxes
levied on such premises which are the liability of the licensee
, including municipal and state
sales and use taxes, unemployment insurance tax, or any other state tax,
are paid or are not
delinquent.
No transfer of any license to another person may be granted until all property taxes
which are the liability of the licensee levied on the licensed premises are paid or are not
delinquent. No transfer of any license may be granted from an Indian tribe operating in Indian
country controlled by the Indian tribe or from an enrolled tribal member operating in Indian
country controlled by the enrolled tribal member's tribe until all use tax incurred as a result of
the operation of the licensed premises by nonmembers, and any other state tax, has been
remitted or is not delinquent.
If the transfer is to a new location, the licensee
must
shall
make
application showing all the relevant facts
as to such
for the
new location
, which
. The
application
shall take the same course and be acted upon as if an original application.
When
If
a license is
transferred, a fee of one hundred fifty dollars is required to continue the unexpired portion of
the license.
Section 2. That
§
35-2-24
be amended to read as follows:
35-2-24.
No license granted under this title may be reissued until all
municipal and state
sales and use tax
taxes
incurred by the licensee as a result of the operation of the licensed
premises
have been paid and that all property taxes which are the liability of the licensee levied
on such
, including municipal and state sales and use taxes, unemployment insurance tax, or any
other state tax,
are paid or are not delinquent.
No license granted under this title may be reissued
until all property taxes which are the liability of the licensee levied on the licensed premises are
paid or are not delinquent. No license granted under this title may be reissued to an Indian tribe
operating in Indian country controlled by the Indian tribe or to an enrolled tribal member
operating in Indian country controlled by the enrolled tribal member's tribe until the Indian tribe
or enrolled tribal member remits to the department all use tax incurred by nonmembers as a
result of the operation of the licensed premises, and any other state tax has been remitted or is
not delinquent.
Section 3. That
§
35-2-25
be amended to read as follows:
35-2-25.
No license granted pursuant to subdivisions 35-4-2(3), (4), (6), (12), (13), (16), and
(17) may be issued unless the applicant has first obtained a sales tax license pursuant to chapter
10-45
, or, if applicable, a use tax license pursuant to chapter 10-46
. The provisions of this
section do not apply to a municipality which has procured a retail alcoholic beverage license
pursuant to chapter 35-3.
"
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
HB 1113 and returns the same with the recommendation that said bill be amended as follows:
"Section 2. Whereas, this Act is necessary for the immediate preservation of the public
peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval."
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 97 and 146 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 42 and 54 were
delivered to his Excellency, the Governor, for his approval at 10:04 a.m., February 9, 2006.
I have the honor to transmit herewith HB 1019, 1103, 1132, 1143, 1149, 1185, 1218, 1222,
and 1237 which have passed the House and your favorable consideration is respectfully
requested.
I have the honor to return herewith SB 97 and 146 which have passed the House without
change.
I have the honor to transmit herewith HCR 1006 which has been adopted by the House and
your concurrence is respectfully requested.
Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 10, the 23rd legislative day.
Which motion prevailed.
HCR 1006:
A CONCURRENT RESOLUTION,
Urging further support from Secretary
Donald Rumsfeld and the United States Department of Defense for the South Dakota National
Guard.
Was read the first time.
The committee referral was waived and HCR1006 was placed on the calendar of Friday,
February 10, the 23rd legislative day.
HCR 1005:
A CONCURRENT RESOLUTION,
Supporting a Taiwan-United States free
trade agreement.
Was read the second time.
Sen. Bogue moved that the Senate do concur in HCR 1005 as found on page 383 of the
House Journal.
The question being on Sen. Bogue's motion that the Senate do concur in HCR 1005.
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
Yesterday, Sen. Kloucek announced his intention to reconsider the vote by which HB 1161
passed.
No member moved to reconsider the vote by which HB 1161 passed.
Sen. Bogue moved that the reports of the Standing Committees on
State Affairs on SJR 2 as found on page 403 of the Senate Journal
; also
Health and Human Services on SB 115 as found on page 402 of the Senate Journal
; also
Taxation on SB 121 as found on page 400 of the Senate Journal
; also
Judiciary on SB 138 as found on page 404 of the Senate Journal
; also
Appropriations on SB 143 as found on page 399 of the Senate Journal
; also
Judiciary on HB 1075 as found on page 405 of the Senate Journal
; also
Taxation on HB 1206 as found on page 401 of the Senate Journal be adopted.
Which motion prevailed.
HB 1019:
FOR AN ACT ENTITLED, An Act to
revise and redirect certain revenues
relating to the state capital construction fund, the ethanol fuel fund, the state highway fund, the
water and environment fund, and the state general fund.
Was read the first time and referred to the Committee on Appropriations.
HB 1103:
FOR AN ACT ENTITLED, An Act to
appropriate money to postsecondary
technical institutes for the maintenance and repair of buildings.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Judiciary.
HB 1143:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to
renovate Wecota Hall at South Dakota State University, and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
HB 1149:
FOR AN ACT ENTITLED, An Act to
revise certain felony and misdemeanor
provisions not located in the criminal code.
Was read the first time and referred to the Committee on Judiciary.
HB 1185:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
directed trusts to include custodial accounts.
Was read the first time and referred to the Committee on Commerce.
HB 1218:
FOR AN ACT ENTITLED, An Act to
establish a task force to study education
for divorcing parents and visitation and custody matters.
Was read the first time and referred to the Committee on Judiciary.
HB 1222:
FOR AN ACT ENTITLED, An Act to
require regental institutions to annually
report to the Legislature regarding intellectual diversity.
Was read the first time and referred to the Committee on State Affairs.
HB 1237:
FOR AN ACT ENTITLED, An Act to
make an appropriation to fund tax refunds
for elderly and disabled persons and to revise the income eligibility requirements for property
tax and sales tax refunds.
Was read the first time and referred to the Committee on Taxation.
HB 1037:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
prescription of schedule II controlled drugs by physician assistants, certified nurse practitioners,
and certified nurse midwives.
Was read the second time.
The question being "Shall HB 1037 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 1171:
FOR AN ACT ENTITLED, An Act to
permit the court to award attorneys' fees
in certain custody and visitation cases.
Was read the second time.
The question being "Shall HB 1171 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 1189: FOR AN ACT ENTITLED, An Act to exempt the value of motor vehicles donated to certain nonprofit corporations from state taxes.
The question being "Shall HB 1189 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 53:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
consideration of assets for the purpose of long-term care eligibility.
Having had its second reading was up for consideration and final passage.
Sen. Bogue moved that SB 53 be placed to follow SB 186 on today's calendar.
Which motion prevailed.
Sen. Koskan moved that SB 30, 157, 168, 198, and 202 be deferred to Friday, February 10,
the 23rd legislative day.
Which motion prevailed.
SB 172:
FOR AN ACT ENTITLED, An Act to
authorize certain nonresident members of
the South Dakota National Guard to qualify for resident tuition rates.
Was read the second time.
The question being "Shall SB 172 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Apa; Greenfield
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 186:
FOR AN ACT ENTITLED, An Act to
classify the production of certain upland
game birds as an agricultural pursuit.
Was read the second time.
The question being "Shall SB 186 pass as amended?"
And the roll being called:
Yeas 20, Nays 15, Excused 0, Absent 0
Yeas:
Bartling; Duenwald; Gant; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek;
Koetzle; Koskan; Lintz; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Two Bulls
Nays:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duniphan; Earley; Gray; Kelly;
Knudson; Kooistra; McCracken; Napoli; 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 53:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
consideration of assets for the purpose of long-term care eligibility.
Having had its second reading was up for consideration and final passage.
"The look back date is a date
thirty-six
sixty
months prior to the first date on which the
individual is both institutionalized and has applied to the Department of Social Services for
long-term care".
The question being "Shall SB 53 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 HJR 1003 be immediately considered.
Which motion prevailed and HJR 1003 was up for immediate consideration.
HJR 1003:
A JOINT RESOLUTION,
To revise certain constitutional provisions regarding
the Legislature.
Was read the second time.
Sen. Bogue moved that HJR 1001, 1002, and 1003 be placed to follow HB 1089 on today's
calendar.
Sen. Bogue moved that HB 1035, 1072, and 1082 be deferred to Monday, February 13, the
24th legislative day.
Which motion prevailed.
HB 1036:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
certification of an optometrist from another state and to increase the fee for a certificate of
registration.
Was read the second time.
The question being "Shall HB 1036 pass as amended?"
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent 0
Yeas:
Bartling; Broderick; Dempster; Duniphan; Earley; Gray; Hansen (Tom); Hanson (Gary);
Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Lintz; McCracken; Moore; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Abdallah; Adelstein; Apa; Bogue; Duenwald; Gant; Greenfield; Kelly; Koskan; McNenny;
Napoli
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.
Having had its second reading was up for consideration and final passage.
Which request was supported.
The question being on Sen. Bogue's motion that Sen. Adelstein's pending amendment to
HB 1039 be amended.
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent 0
Yeas:
Abdallah; Apa; Bogue; Duenwald; Earley; Gant; Greenfield; Hundstad; Kelly; Knudson;
Koskan; Lintz; McNenny; Moore; Napoli; Schoenbeck; Sutton (Dan); Sutton (Duane)
Nays:
Adelstein; Bartling; Broderick; Dempster; Duniphan; Gray; Hansen (Tom); Hanson (Gary);
Kloucek; Koetzle; Kooistra; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Two
Bulls
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
The question being on Sen. Adelstein's motion that HB 1039 be further amended.
Which motion prevailed.
The question now being "Shall HB 1039 pass as amended?"
And the roll being called:
Yeas 28, Nays 7, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray;
Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Lintz;
McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan);
Sutton (Duane); Two Bulls
Nays:
Apa; Earley; Greenfield; Kelly; Koskan; Napoli; Schoenbeck
HB 1089:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Vietnam War
Memorial.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1089 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; Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Olson (Ed)
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.
HJR 1003:
A JOINT RESOLUTION,
To revise certain constitutional provisions regarding
the Legislature.
Having had its second reading was up for consideration and final passage.
"Section 1. That at the next general election, the following amendments to Article III of the
Constitution of the State of South Dakota, as set forth in sections 2 to 10, inclusive, of this Joint
Resolution, which are hereby agreed to, shall be submitted to the electors of the state for
approval.
Section 2. That Article III, section 2 of the Constitution of the State of South Dakota, be
amended to read as follows:
Section 3. That Article III, section 6 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 6.
The terms of office of the members of the Legislature shall be two years; they shall
receive for their services the salary fixed by law under the provisions of § 2 of article XXI of
this Constitution
, and five cents for every mile of necessary travel in going to and returning from
the place of meeting of the Legislature on the most usual route
.
Section 4. That Article III, section 13 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 13.
Each house shall keep a journal of its proceedings and publish the same
from time to
time, except such parts as require secrecy, and the
as provided by law. The
yeas and nays of
members on any question shall be taken at the desire of one-sixth of those present and entered
upon the journal.
Section 5. That Article III, section 14 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 14.
In all elections to be made by the Legislature the members thereof shall vote
viva voce
and their votes shall be entered in the journal.
§ 15.
The sessions of each house and of the committee of the whole shall be open, unless
when the business is such as ought to be kept secret
All legislative sessions and joint sessions
shall be open to the public unless a two-thirds majority of the membership declares the business
is such as ought to be kept secret. No votes may be taken at any session or meeting closed to the
public
.
Section 7. That Article III, section 17 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 17.
Every bill shall be
read twice
entered upon the journal
, by number and title
once
,
when
introduced
,
and
once upon
shall be read, by number and title, prior to
final passage
, but one
reading at length may be demanded at any time before final passage
.
Section 8. That Article III, section 23 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 23.
The Legislature
is prohibited from enacting any private or special laws in the following
cases:
Section 9. That Article III, section 29 of the Constitution of the State of South Dakota, be
amended to read as follows:
Section 10. That Article III, section 32 of the Constitution of the State of South Dakota, be
repealed:
§ 32.
Commencing with the 1992 election, no person may be elected to more than two
consecutive terms in the United States senate or more than six consecutive terms in the United
States house of representatives.
"
The question being "Shall HJR 1003 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 resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
HJR 1001:
A JOINT RESOLUTION,
To revise certain constitutional provisions regarding
private and special laws.
Was read the second time.
"Section 1. That at the next general election held in the state, the following amendments
to Article III and Article IV of the Constitution of the State of South Dakota as set forth in
section 2 and 3 of this Joint Resolution, which is hereby agreed to, shall be submitted to the
electors of the state for approval.
Section 3. That Article IV, section 5 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 5.
The lieutenant governor shall be president of the senate but shall have no vote unless
the senators be equally divided.
The lieutenant governor shall perform the duties and exercise
the powers that may be delegated to him by the Governor.
Section 4. The provisions of sections 2 and 3 of this Joint Resolution are effective January 1,
2011."
Sen. Koskan moved the previous question.
Which motion prevailed.
Which motion prevailed and HJR 1001 was so amended.
The question being "Shall HJR 1001 pass as amended?"
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent 0
Nays:
Adelstein; Bartling; Dempster; Duniphan; Greenfield; Hanson (Gary); Hundstad; Kloucek;
Knudson; Koetzle; Moore; Nesselhuf; Peterson (Jim); Smidt; Sutton (Dan); Two Bulls
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed.
The question being on the title.
Sen. Bogue moved that the title to HJR 1001 be amended as follows:
HJR 1002:
A JOINT RESOLUTION,
To repeal certain voided constitutional provisions
regarding term limits for United States senators and representatives.
Was read the second time.
Sen. Koskan moved that HJR 1002 be laid on the table.
The question being on Sen. Koskan's motion that HJR 1002 be laid on the table.
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; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Kooistra; Nesselhuf
Sen. Bogue moved that HB 1011, 1134, and 1178 be deferred to Friday, February 10, the
23rd 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 failed to concur in
Senate amendments to HB 1007 and has appointed Reps. Davis, Jensen, and Halverson 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.
SC 5
Introduced by:
Senators Sutton (Dan), Bartling, Nesselhuf, and Peterson (Jim) and
Representatives Gassman, Garnos, Halverson, and Lange
Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at
4:25 p.m. the Senate adjourned.