The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of
Allegiance led by Senate page Kyle Roth.
Roll Call: All members present except Sen. Olson 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-seventh 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 15, 2006, I approved Senate Bills 24, 32,
33, 34, 38, 40, 71, 77, 78, 97, 101, 119, 146, and 183, and the same have been deposited in the
office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 16, 2006, I approved Senate Bills 2, 11,
12, 15, 56, 91, 95, 107, 109, 182, and 185, and the same have been deposited in the office of the
Secretary of State.
The Committee on Government Operations and Audit respectfully reports that it has had
under consideration HB
1225 and returns the same with the recommendation that said bill do
pass and be placed on the Consent Calendar.
The Committee on Appropriations respectfully reports that it has had under consideration HB 1013, 1237, and 1241 and returns the same with the recommendation that said bills do pass.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1020 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1143 and returns the same with the recommendation that said bill be amended as follows:
"Section 4. No general fund dollars may be used for the maintenance and repair or lease
payments of the facility authorized by this Act."
The Committee on Taxation respectfully reports that it has had under consideration
HB
1081,
1098,
1154, and
1167 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB
1129 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1232 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
1128 and tabled the same.
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1016 and
1247 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 State Affairs respectfully reports that it has had under consideration
HB 1215 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 the nomination of Steven R. Doohen of Minnehaha County, Hartford, South Dakota, as the Assistant Adjutant General, Air and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Keith W. Corbett of Brookings County, Brookings, South Dakota, as the
Assistant Adjutant General, Army 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 the Office of Engrossing
and Enrolling has carefully compared SB 5, 6, 7, 8, 9, 14, 47, 59, 64, 66, 122, and 152 and finds
the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 20, 21, 22, 23, 26,
37, 39, 45, 46, 48, 51, 52, 60, 65, 67, 88, 92, 133, 150, 179, 189, 203, 204, and 205 were
delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 17, 2006.
MR. PRESIDENT:
I have the honor to return herewith SCR 5 in which the House has concurred.
I have the honor to return herewith SB 49 and 151 which have been amended by the House
and your concurrence in the amendments is respectfully requested.
I have the honor to return herewith SB 5, 6, 7, 8, 9, 14, 47, 59, 64, 66, 122, and 152 which
have passed the House without change.
Sen. Abdallah moved that the Senate do concur in House amendments to SB 28.
The question being on Sen. Abdallah's motion that the Senate do concur in House
amendments to SB 28.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Abdallah moved that the Senate do not concur in House amendments to SB 148 and
that a committee of three on the part of the Senate be appointed to meet with a like committee
on the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Abdallah,
Gray, and Koetzle.
Sen. Abdallah moved that the Senate do concur in House amendments to SB 149.
The question being on Sen. Abdallah's motion that the Senate do concur in House
amendments to SB 149.
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; Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Olson (Ed)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Abdallah moved that the Senate do concur in House amendments to SB 208.
The question being on Sen. Abdallah's motion that the Senate do concur in House
amendments to SB 208.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
HCR 1007:
A CONCURRENT RESOLUTION,
Honoring all who came to the aid of South
Dakotans who experienced a continuous severe winter storm with heavy snow, freezing rain,
and high winds November 27 through November 29, 2005.
Was read the second time
Sen. Duane Sutton moved that the Senate do concur in HCR 1007 as found on page 560
of the House Journal.
The question being on Sen. Sutton's motion that the Senate do concur in HCR 1007.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1007 was concurred in.
Sen. McNenny moved that the report of the Conference Committee on HB 1006 as found
on page 551 of the Senate Journal be adopted.
The question being on Sen. McNenny's motion that the report of the Conference
Committee on HB 1006 be adopted.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Bogue moved that consideration of the Report of the Committee on Education on HB 1176, 1217, 1223, and 1236 be deferred to Tuesday, February 21, the 29th legislative day.
Sen. Bogue moved that the reports of the Standing Committees on
Agriculture and Natural Resources on HB 1181 as found on page 545 of the Senate
Journal
; also
Commerce on HB 1197 as found on page 561 of the Senate Journal
; also
Commerce on HB 1209 as found on page 561 of the Senate Journal be adopted.
Which motion prevailed.
HB 1174:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
business improvement districts.
Was read the second time.
The question being "Shall HB 1174 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; Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Olson (Ed)
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 1185:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
directed trusts to include custodial accounts.
Was read the second time.
The question being "Shall HB 1185 pass as amended?"
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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Bogue moved that HB 1015, 1093, 1163, and 1235 be deferred to Tuesday, February
21, the 29th legislative day.
Which motion prevailed.
HB 1110:
FOR AN ACT ENTITLED, An Act to
provide compensation to certain retailers
for collecting and remitting the sales tax.
Was read the second time.
The question being "Shall HB 1110 pass as amended?"
And the roll being called:
Yeas 16, Nays 18, Excused 1, Absent 0
Yeas:
Abdallah; Apa; Bartling; Duniphan; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek;
Koetzle; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Adelstein; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Hansen (Tom);
Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Schoenbeck; Smidt
Excused:
Olson (Ed)
Sen. Kloucek announced his intention to reconsider the vote by which HB 1110 lost.
HB 1153:
FOR AN ACT ENTITLED, An Act to
revise the definition of a prohibited
sexual act.
Was read the second time.
The question being "Shall HB 1153 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; Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Olson (Ed)
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 1164:
FOR AN ACT ENTITLED, An Act to
revise the taxation of leased motorcycles
and motorized bicycles.
Was read the second time.
The question being "Shall HB 1164 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; Peterson
(Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the bill passed and the title was agreed to.
HB 1182:
FOR AN ACT ENTITLED, An Act to
allow school districts to expend from the
capital outlay fund for some of their mileage reimbursement costs.
Was read the second time.
Sen. Kloucek moved that HB 1182 be deferred to Tuesday, February 21, the 29th legislative
day.
Which motion lost.
The question being "Shall HB 1182 pass?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan;
Lintz; McCracken; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton
(Duane); Two Bulls
Nays:
Hanson (Gary); Koetzle; Moore
Excused:
McNenny; Olson (Ed)
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 1199:
FOR AN ACT ENTITLED, An Act to
prohibit the release of information
concerning the applicants and holders of permits to carry a concealed pistol.
Was read the second time.
The question being "Shall HB 1199 pass as amended?"
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Duenwald; Duniphan; Earley; Gant;
Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Koskan;
Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt;
Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Knudson; Kooistra
Excused:
Dempster; Olson (Ed)
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 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 second time.
The question being "Shall HB 1218 pass as amended?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duniphan; Gant; Gray; 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
Nays:
Apa; Duenwald; Earley; Greenfield; Hansen (Tom)
Excused:
Olson (Ed)
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1119 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1180 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That chapter
26-10
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
HB
1203 which was deferred to the 36th Legislative Day.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on HB 1006.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1149.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1072 and has appointed Reps. Kraus, Hunhoff, and Miles as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President publicly read the title to
SB 5:
FOR AN ACT ENTITLED, An Act to
adjust certain participation standards for the
South Dakota special pay retirement program.
SB 6:
FOR AN ACT ENTITLED, An Act to
define certain terms related to the South
Dakota Retirement System.
SB 7:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions regarding the level
income payment option within the South Dakota Retirement System.
SB 8:
FOR AN ACT ENTITLED, An Act to
establish to whom the South Dakota
Retirement System may make benefit payments on behalf of minors.
SB 9:
FOR AN ACT ENTITLED, An Act to
revise certain beneficiary provisions of the
South Dakota Retirement System.
SB 14:
FOR AN ACT ENTITLED, An Act to
revise certain residency requirements
regarding the eligibility for admission to the State Veterans' Home.
SB 47:
FOR AN ACT ENTITLED, An Act to
allow health maintenance organizations to
rate employer sponsored plans without prior approval.
SB 59:
FOR AN ACT ENTITLED, An Act to
provide for the use of chemist's affidavits
in certain parole, probation, and contested case proceedings.
SB 64:
FOR AN ACT ENTITLED, An Act to
repeal certain outdated statutorily created
funds.
SB 66:
FOR AN ACT ENTITLED, An Act to
exempt water distribution system routes
from certain restrictions related to the acquisition of property or property rights.
SB 122: FOR AN ACT ENTITLED, An Act to exempt certain breeding stock animals, products, and facilities from certain corporate farming restrictions.
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.
HB 1103:
FOR AN ACT ENTITLED, An Act to
appropriate money to postsecondary
technical institutes for the maintenance and repair of buildings.
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.
HB 1165:
FOR AN ACT ENTITLED, An Act to
establish a workers compensation small
claims procedure.
HB 1188:
FOR AN ACT ENTITLED, An Act to
revise certain insurance liquidity
provisions for private placement policies.
HB 1224:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
prior approval of premium rates for certain health benefit plans.
And signed the same in the presence of the Senate.
Sen. Dempster moved that the Senate do now adjourn, which motion prevailed and at
2:24 p.m. the Senate adjourned.