The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of
Allegiance led by Senate page Aaron Lorenzen.
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 twenty-fifth 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 President introduced Maggie Van Bockern of Sioux Falls, 2005 South Dakota Girls
State Governor, and Alex J. Hewett of Sioux Falls, 2005 South Dakota Boys State Governor,
to the body.
The Committee on Local Government respectfully reports that it has had under
consideration HB
1170 and tabled the same.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB
1155 which was deferred to the 36th Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1040 and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration
HB
1110 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1164 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
HB 1174 and returns the same with the recommendation that said bill be amended as follows:
"Section 2. That chapter
9-55
be amended by adding thereto a NEW SECTION to read as
follows:
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB
1237 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
HB 1093 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1055 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HCR
1004 and returns the same with the recommendation that said resolution be concurred in.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1061 which was deferred to the 36th Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1153 and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1163 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 1199 and returns the same with the recommendation that said bill be amended as follows:
23-7-8.6.
No state agency, political subdivision, official, agent, or employee of any state
agency or political subdivision
, or any other person
may knowingly keep or cause to be kept any
list, record, or registry of privately owned firearms or any list, record, or registry of the owners
of those firearms, or any list, record, or registry of holders of permits to carry a concealed
pistol.
"
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1218, which was removed from the table, and returns the same with the recommendation
that said bill be amended as follows:
"Section 1. There is established the Task Force to Study Education for Divorcing Parents
and Visitation and Custody Matters. The task force shall consist of seventeen members. Five
members shall be appointed by the speaker of the House of Representatives, five members shall
be appointed by the president pro tempore of the Senate, four members shall be appointed by
the Governor, and three members shall be appointed by the Chief Justice. Not all members
appointed by each appointive power may belong to the same political party. The initial
appointments shall be made no later than sixty days after the effective date of this Act. If there
is a vacancy on the task force, the vacancy shall be filled in the same manner as the original
appointment. The majority of the appointments shall include legislators. The appointments shall
also include a member who is a behavioral health care expert, divorced parent, divorce
mediator, attorney, a member of the South Dakota Council of Mental Health Centers, and a
representative of the Department of Social Services."
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 2, 11, 12, 15, 56, 91, 95, 107, 109, 182, and 185 and
finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 32, 71, 77, 78, 101,
and 119 were delivered to his Excellency, the Governor, for his approval at 8:40 a.m., February
15, 2006.
I have the honor to return herewith SB 90, 118, and 207 which have been amended by the
House and your concurrence in the amendments is respectfully requested.
Sen. Bogue moved that HB 1090 be referred from the Committee on Education to the
Committee on Appropriations.
Which motion prevailed.
SCR 6
Introduced by:
Senators Kloucek, Hundstad, Koetzle, Moore, and Nesselhuf and
Representatives Gassman, Bradford, Gillespie, Halverson, Lange, Putnam, Sigdestad, and Van
Norman
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Which motion was supported and the committee was so instructed.
Sen. Bogue moved that the reports of the Standing Committees on
Appropriations on HB 1015 as found on page 504 of the Senate Journal
; also
Appropriations on HB 1067 as found on page 504 of the Senate Journal
; also
Transportation on HB 1084 as found on page 507 of the Senate Journal
; also
Commerce on HB 1177 as found on page 506 of the Senate Journal
; also
Agriculture and Natural Resources on HB 1212 as found on page 505 of the Senate Journal
be adopted.
Which motion prevailed.
HB 1149:
FOR AN ACT ENTITLED, An Act to
revise certain felony and misdemeanor
provisions not located in the criminal code.
Was read the second time.
The question being "Shall HB 1149 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
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 second time.
The question being "Shall HB 1224 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 1072:
FOR AN ACT ENTITLED, An Act to
direct the Department of Social Services
to establish the South Dakota long-term care partnership program.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1072 pass as amended?"
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; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Schoenbeck
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 1206:
FOR AN ACT ENTITLED, An Act to
provide contractors' excise, sales, and use
tax refunds for the filming of certain motion pictures, documentaries, television advertisements,
or television films.
Having had its second reading was up for consideration and final passage.
Sen. Knudson moved that HB 1206 be deferred to Thursday, February 16, the 27th
legislative day.
Which motion prevailed.
HB 1027:
FOR AN ACT ENTITLED, An Act to
change the unemployment insurance
wage base and contribution rates and to assess interest on negative employer accounts under
certain circumstances.
Was read the second time.
The question being "Shall HB 1027 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 1103:
FOR AN ACT ENTITLED, An Act to
appropriate money to postsecondary
technical institutes for the maintenance and repair of buildings.
Was read the second time.
The question being "Shall HB 1103 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 two-thirds majority of the members-
elect, the President declared the bill passed and the title was agreed to.
HB 1157:
FOR AN ACT ENTITLED, An Act to
extend opportunity scholarship eligibility
to South Dakota students who attend college or technical school out-of-state and then return to
South Dakota to attend school.
Was read the second time.
The question being "Shall HB 1157 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; 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.
President Pro Tempore Schoenbeck now presiding.
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 second time.
The question being "Shall HB 1162 pass as amended?"
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Adelstein; Apa; Duenwald; Earley; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Lintz;
McNenny; Moore; Napoli; Sutton (Duane)
Nays:
Abdallah; Bartling; Bogue; Broderick; Dempster; Duniphan; Gant; Hundstad; Kelly; Kloucek;
Knudson; Koetzle; Kooistra; Koskan; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Sutton (Dan); Two Bulls
Excused:
Smidt
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Was read the second time.
The question being "Shall HB 1165 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 1188:
FOR AN ACT ENTITLED, An Act to
revise certain insurance liquidity
provisions for private placement policies.
Was read the second time.
The question being "Shall HB 1188 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.
SC 7
Introduced by:
Senators Greenfield, Abdallah, Adelstein, Apa, Bartling, Broderick,
Dempster, Duenwald, Duniphan, Earley, Gant, Gray, 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), and Two Bulls and Representatives Murschel, Boomgarden, Bradford, Brunner,
Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos,
Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Haverly,
Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus,
Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Nelson, Novstrup, O'Brien, Olson
(Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer,
Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van
Norman, Vehle, Weems, and Willadsen
The President publicly read the title to
SB 2:
FOR AN ACT ENTITLED, An Act to
appropriate money for the creation of a circuit
court judgeship in the second judicial circuit.
SB 11:
FOR AN ACT ENTITLED, An Act to
provide for the use of electronic ballot
marking systems and for the appointment of precinct assistants and to declare an emergency.
SB 15:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
trademark registration.
SB 56:
FOR AN ACT ENTITLED, An Act to
authorize the railroad authority to acquire
certain railroad facilities and to declare an emergency.
SB 91:
FOR AN ACT ENTITLED, An Act to
remove the requirement of providing social
security numbers in certain probate matters.
SB 95:
FOR AN ACT ENTITLED, An Act to
clarify that certain statutory interim
committees may introduce legislation on their own motion.
SB 107:
FOR AN ACT ENTITLED, An Act to
revise the definition of manufacturer as it
relates to the ownership of certain motor vehicle dealerships and to declare an emergency.
SB 109:
FOR AN ACT ENTITLED, An Act to
provide for statewide mutual aid requests
among certain public agencies.
SB 182:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
organization decals that may be displayed on a motor vehicle license plate.
SB 185:
FOR AN ACT ENTITLED, An Act to
require inspections of certain facilities by
the Department of Health.
HB 1134:
FOR AN ACT ENTITLED, An Act to
to revise certain provisions regarding the
justifiable use of force.
HB 1178:
FOR AN ACT ENTITLED, An Act to
provide for the establishment of certain
honorary trusts and of certain trusts for animals.
HB 1205:
FOR AN ACT ENTITLED, An Act to
provide for an exemption to the records
search fee for attorneys of record.
And signed the same in the presence of the Senate.
Sen. Earley moved that the Senate do now adjourn, which motion prevailed and at
3:11 p.m. the Senate adjourned.