The prayer was offered by the Chaplain, Father Brian Christensen, followed by the Pledge
of Allegiance led by Senate page Kerry Hagen.
Roll Call: All members present except Sen. Koetzle 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-eighth 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 Steven R.
Doohen of Minnehaha County, Hartford, South Dakota, as the Assistant Adjutant General, Air.
The question being "Does the Senate advise and consent to the executive appointment of
Steven R. Doohen pursuant to the executive message as found on page 545 of the Senate
Journal?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Dempster; Duenwald; Duniphan; Earley; Gant; Gray;
Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra;
Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Apa; Broderick; Koetzle
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 Keith W.
Corbett of Brookings County, Brookings, South Dakota, as the Assistant Adjutant General,
Army.
The question being "Does the Senate advise and consent to the executive appointment of
Keith W. Corbett pursuant to the executive message as found on page 544 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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
The President announced Sens. Tom Hansen, Dan Sutton, and Schoenbeck as a committee
of three on the part of the Senate to meet with a like committee on the part of the House to
adjust the differences between the two houses on HB 1072.
The Committee on Education respectfully reports that it has had under consideration
HB
1079 and
1220 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
HB 1060 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Education respectfully reports that it has had under consideration
HB
1194 and
1234 which were deferred to the 36th Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SCR
6 which was deferred to the 36th Legislative Day.
The Committee on Commerce respectfully reports that it has had under consideration
HB 1058, which was reconsidered, and returns the same with the recommendation that said bill
be amended as follows:
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
HB 1233 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 28, 149, 155, 186, 194, and 208 and finds the same
correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 90 and 118 were
delivered to his Excellency, the Governor, for his approval at 9:35 a.m., February 21, 2006.
I have the honor to return herewith SB 58 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
I have the honor to return herewith SB 155, 186, and 194 which have passed the House
without change.
Sen. McCracken moved that the Senate do concur in House amendments to SB 49.
The question being on Sen. McCracken's motion that the Senate do concur in House
amendments to SB 49.
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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
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. Schoenbeck moved that the Senate do concur in House amendments to SB 151.
The question being on Sen. Schoenbeck's motion that the Senate do concur in House
amendments to SB 151.
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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
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.
Friday, Sen. Kloucek announced his intention to reconsider the vote by which HB 1110
lost.
Sen. Kloucek moved that the Senate do now reconsider the vote by which HB 1110 lost.
The question being on Sen. Kloucek's motion to reconsider the vote by which HB 1110
lost.
And the roll being called:
Yeas:
Abdallah; Apa; Bartling; Duniphan; Greenfield; Hundstad; Kelly; Kloucek; Moore; Napoli;
Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Adelstein; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Hansen (Tom); Hanson
(Gary); Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Schoenbeck; Smidt
Excused:
Koetzle
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Greenfield moved that the Committee on Education be instructed to deliver HB 1194
to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Sen. Earley moved that the Committee on State Affairs be instructed to deliver HB 1061
to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Sen. Schoenbeck moved that the Senate Rules be amended by adding to Chapter 6 a section
to read as follows:
"Any appointment to serve as an executive branch official or as a member of any board or
commission or similar body requiring the approval of the Senate which has had a hearing and
has been reported favorably out of committee may be placed upon the Consent Calendar by
unanimous vote of committee and shall be considered in a manner consistent with Chapter 13
of the Joint Rules."
The question being on Sen. Schoenbeck's motion that the Senate Rules be amended by
adding a section to Chapter 6 regarding Senate approval of appointments.
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Dempster; Earley; Gant; Gray; Hanson (Gary); Knudson; Koskan; Moore;
Nesselhuf; Schoenbeck; Sutton (Dan)
Excused:
Koetzle
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the President declared the motion lost.
SCR 7
Introduced by:
Senators Kloucek, Bartling, Greenfield, and Kooistra and
Representatives Gassman, Fryslie, Glenski, Glover, Hargens, Hunhoff, Jensen, Kroger,
Novstrup, Putnam, Sigdestad, and Thompson
Was read the first time.
The committee referral was waived and SCR 7 was placed on the calendar of Wednesday,
February 22, the 30th legislative day.
Sen. Bogue moved that the reports of the Standing Committees on
Education on HB 1176 as found on page 549 of the Senate Journal
; also
Education on HB 1223 as found on page 548 of the Senate Journal
; also
Education on HB 1236 as found on page 549 of the Senate Journal
; also
Appropriations on HB 1020 as found on page 571 of the Senate Journal
; also
Judiciary on HB 1119 as found on page 582 of the Senate Journal
; also
Appropriations on HB 1143 as found on page 571 of the Senate Journal
; also
Judiciary on HB 1180 as found on page 583 of the Senate Journal
; also
State Affairs on HB 1215 as found on page 572 of the Senate Journal
; also
Taxation on HB 1232 as found on page 572 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Schoenbeck moved that the word "not" be stricken from the report of the Committee
on Education on HB 1217 as found on page 549 of the Senate Journal and that the bill be placed
on today's calendar.
The question being on Sen. Schoenbeck's motion that the word "not" be stricken from the
report of the Committee on Education on HB 1217 and that the bill be placed on today's
calendar.
And the roll being called:
Yeas:
Apa; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McNenny;
Napoli; Schoenbeck; Smidt
Nays:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duniphan; Gray; Hanson (Gary);
Hundstad; Kloucek; Knudson; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson
(Jim); Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Moore requested that HB 1129 be removed from the Consent Calendar.
HB 1016:
FOR AN ACT ENTITLED, An Act to
provide for the creation of a renewable
electricity and recycled energy renewable energy credit system by the Public Utilities
Commission.
Was read the second time.
The question being "Shall HB 1016 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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
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 1225 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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
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 1247:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
educational benefits for spouses of members of the South Dakota National Guard.
Was read the second time.
The question being "Shall HB 1247 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;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
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 1015:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to acquire
an equestrian facility for South Dakota State University and to declare an emergency.
Having had its second reading was up for reconsideration and final passage.
Sen. Smidt moved that HB 1015 be deferred to Wednesday, February 22, the 30th
legislative day.
Which motion prevailed.
Sen. Bogue moved that HB 1093, 1197, 1209, 1237, and 1241 be deferred to Wednesday,
February 22, the 30th legislative day.
Which motion prevailed.
HB 1163:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding court
suspensions and revocations of driver licenses.
Was read the second time.
The question being "Shall HB 1163 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant;
Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan;
Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Greenfield
Excused:
Abdallah; Koetzle
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 1235 pass as amended?"
And the roll being called:
Yeas 11, Nays 23, Excused 1, Absent 0
Yeas:
Adelstein; Bogue; Dempster; Earley; Gant; Gray; Knudson; McCracken; Nesselhuf; Olson (Ed);
Smidt
Nays:
Abdallah; Apa; Bartling; Broderick; Duenwald; Duniphan; Greenfield; Hansen (Tom); Hanson
(Gary); Hundstad; Kelly; Kloucek; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli;
Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Koetzle
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
HB 1013:
FOR AN ACT ENTITLED, An Act to
make an appropriation to the Board of
Regents for the construction, remodeling, or renovation of various structures or facilities on the
campuses of the state's universities to provide additional support for women's athletic programs
in furtherance of the policies and objectives of Title IX of the Education Act Amendments of
1972.
Was read the second time.
The question being "Shall HB 1013 pass as amended?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant;
Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan;
Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Abdallah; Koetzle
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 1081:
FOR AN ACT ENTITLED, An Act to
exempt from the sales and use taxes
certain maintenance items used on agricultural machinery and equipment and to declare an
emergency.
Was read the second time.
Sen. Bogue moved that HB 1081, 1098, 1154, 1167, and 1181 be deferred to Wednesday,
February 22, the 30th legislative day.
Which motion prevailed.
President Pro Tempore Schoenbeck announced a change in the Senate Conference
Committee on SB 148. The committee should now be Sens. Abdallah, Broderick, and Moore.
President Pro Tempore Schoenbeck announced a change in the Senate Conference
Committee on SB 207. The committee should now be Sens. Abdallah, Kelly, and Dan Sutton.
There being no objection, the Senate reverted to Order of Business No. 7.
I have the honor to inform your honorable body that SB 89 was lost on second reading and
final passage.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1067, 1084, 1177, 1206, and 1212.
I have the honor to inform your honorable body that the House has appointed Reps. Cutler,
O'Brien, and Gillespie 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 on SB 148.
The President publicly read the title to
SB 28:
FOR AN ACT ENTITLED, An Act to
revise and correct certain provisions related
to the criminal code revision of 2005.
SB 149:
FOR AN ACT ENTITLED, An Act to
create community safety zones, to prohibit
certain persons from residing or loitering in community safety zones, and to provide penalties
for violations thereof.
SB 155:
FOR AN ACT ENTITLED, An Act to
permit salespersons and broker associates
within the same firm to form a business corporation or limited liability company under certain
conditions.
SB 186:
FOR AN ACT ENTITLED, An Act to
classify the production of certain upland
game birds as an agricultural pursuit.
SB 194:
FOR AN ACT ENTITLED, An Act to
revise the definition of wine for farm
wineries.
SB 208:
FOR AN ACT ENTITLED, An Act to
establish and enhance criminal penalties
regarding certain sex offenders.
HB 1007:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
composition of livestock brands and to declare an emergency.
HB 1040:
FOR AN ACT ENTITLED, An Act to
revise the minimum monthly fee charged
for care at the Human Services Center.
HB 1075:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
disposition of confiscated weapons and firearms.
HB 1082:
FOR AN ACT ENTITLED, An Act to
provide for uniform jurisdiction in the
regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and
pesticide.
HB 1112:
FOR AN ACT ENTITLED, An Act to
exempt certain real property owned by
local industrial development corporations from property taxation.
HB 1113:
FOR AN ACT ENTITLED, An Act to
exempt claims related to wildland fire
operations outside the state from certain workers' compensation provisions and to declare an
emergency.
HB 1186:
FOR AN ACT ENTITLED, An Act to
provide a procedure for implementing the
standard visitation guidelines.
And signed the same in the presence of the Senate.
Sen. Duenwald moved that the Senate do now adjourn, which motion prevailed and at
3:38 p.m. the Senate adjourned.