The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twelfth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
"Section 2. That
§
4-5-26
be amended to read as follows:
4-5-26. Money made available for investment may be invested in the following classes of securities and investments and, except as provided by § 3-12-117, chapter 3-13, the South
Dakota Cement Plant retirement fund,
and
the permanent trust fund containing the net proceeds
from the sale of state cement enterprises
, the health care trust fund as provided in S.D. Const.,
Art. XII,
§
5, and the education enhancement trust fund as provided in S.D., Art. XII,
§
6
, not
otherwise:
Section 4. Pursuant to S.D. Const., Art. XII,
§
6, the state investment officer shall determine
the market value of the education enhancement trust fund as of June thirtieth each year less the
investment expenses transferred pursuant to
§
4-5-30. As soon as practicable after July first the
state investment officer shall calculate an amount equal to four percent of that market value,
without invading principal, as eligible for distribution. For the purpose of this section, the term,
principal, means the sum of all contributions to the fund. Beginning with the distribution in
fiscal year 2006, a four year average market value shall be used to calculate the distribution.
Upon notice of that amount by the state investment officer, the state treasurer shall transfer the
amount from the education enhancement trust fund to the state general fund."
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1001 and returns the same with recommendation that said resolution be amended as
follows:
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of R. James Clifft of Minnehaha County, Sioux Falls, South Dakota, as Assistant
Adjutant General, Air, and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
100 which was deferred to the 36th Legislative Day.
Sen. Everist moved that the reports of the Standing Committees on
Health and Human Services on SB 93 as found on page 200 of the Senate Journal
; also
Transportation on SB 124 as found on page 200 of the Senate Journal
; also
Transportation on SB 164 as found on page 201 of the Senate Journal
; also
Commerce on SB 127 as found on page 208 of the Senate Journal be adopted.
Which motion prevailed and the reports were adopted.
Education on SB 16 as found on page 202 of the Senate Journal
; also
Sen. Staggers requested that SB 17 be removed from the Consent Calendar.
SB 72:
FOR AN ACT ENTITLED, An Act to
provide for a renewal fee for nonresident
insurance producers and to revise the renewal period for resident insurance producers from
annual to biennial.
Was read the second time.
The question being "Shall SB 72 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Munson; Olson (Ed);
Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky
Moore; Whiting
SB 23:
FOR AN ACT ENTITLED, An Act to
revise the rule-making authority for group
health plans.
Having had its second reading was up for consideration and final passage.
Sen. Munson moved that SB 23 be deferred to Saturday, January 26, the 14th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 19:
FOR AN ACT ENTITLED, An Act to
create the crime of communicating a
terroristic threat or hoax terroristic threat and to provide certain penalties therefor.
Was read the second time.
The question being "Shall SB 19 pass as amended?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Nays:
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 51:
FOR AN ACT ENTITLED, An Act to
increase certain license and renewal fees
assessed to chiropractors.
Was read the second time.
The question being "Shall SB 51 pass?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Diedrich (Larry);
Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Ham; Hutmacher; Kleven; Koetzle;
Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan);
Symens; Vitter; Volesky
Dennert; Hagen; McIntyre
Excused:
Moore; Whiting
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert;
Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham;
Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Munson; Olson (Ed);
Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky
Staggers
Moore; Whiting
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Albers; Apa; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich
(Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher;
Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Munson; Olson (Ed); Putnam;
Reedy; Sutton (Dan); Symens; Vitter; Volesky
Nays:
Bogue; Staggers
Excused:
Moore; Whiting
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.
SB 61:
FOR AN ACT ENTITLED, An Act to
allow for binding arbitration for school
districts and employees under certain circumstances.
Was read the second time.
The question being "Shall SB 61 pass?"
And the roll being called:
Yeas 20, Nays 12, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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 SB 80 pass as amended?"
And the roll being called:
Yeas 25, Nays 7, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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 86:
FOR AN ACT ENTITLED, An Act to
require the use of an ignition interlock
device in a motor vehicle used by any person guilty of a second or subsequent violation of
driving under the influence.
Was read the second time.
The question being "Shall SB 86 pass as amended?"
And the roll being called:
Yeas 19, Nays 14, Excused 2, Absent 0
Yeas:
Nays:
Excused:
Apa; Brosz; Cradduck; Daugaard; de Hueck; Dennert; Duxbury; Greenfield; Hagen; Hutmacher;
Koetzle; McCracken; McIntyre; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens;
Volesky
Albers; Bogue; Brown (Arnold); Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Kleven;
Koskan; Madden; Putnam; Vitter
Ham; Moore; Whiting
SB 80:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
examination required for physician licensure.
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry);
Diedtrich (Elmer); Duxbury; Hagen; Ham; Koetzle; Koskan; Madden; McCracken; McIntyre;
Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky
Apa; Bogue; Drake; Everist; Greenfield; Kleven; Vitter
Hutmacher; Moore; Whiting
Albers; Apa; Brosz; Daugaard; Dennert; Duxbury; Hagen; Ham; Hutmacher; Koetzle; Koskan;
McIntyre; Munson; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky
Bogue; Brown (Arnold); Cradduck; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake;
Everist; Greenfield; Kleven; Madden; McCracken; Olson (Ed); Putnam
Moore; Whiting
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.
The question being "Shall SB 104 pass as amended?"
And the roll being called:
Yeas:
Nays:
Excused:
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 122:
FOR AN ACT ENTITLED, An Act to
revise certain provisions to the dredges
transferred from the state to the South Dakota Lakes and Streams Association.
Was read the second time.
The question being "Shall SB 122 pass?"
And the roll being called:
Yeas 22, Nays 10, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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 139:
FOR AN ACT ENTITLED, An Act to
revise the number of allowable hunting
days for certain nonresident waterfowl licenses.
Was read the second time.
And the roll being called:
Yeas 10, Nays 20, Excused 5, Absent 0
Yeas:
Nays:
Excused:
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Yeas 14, Nays 17, Excused 4, Absent 0
Cradduck; Dennert; Diedrich (Larry); Drake; Greenfield; Hutmacher; Kleven; Koskan;
McCracken; Munson; Olson (Ed); Staggers; Sutton (Dan); Volesky
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Duxbury;
Hagen; Ham; Koetzle; Madden; McIntyre; Putnam; Reedy; Vitter
Everist; Moore; Symens; Whiting
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich
(Elmer); Duxbury; Everist; Hagen; Ham; Hutmacher; Kleven; Koetzle; McIntyre; Munson;
Olson (Ed); Reedy; Staggers; Sutton (Dan); Volesky
Apa; Bogue; Cradduck; Drake; Greenfield; Koskan; Madden; McCracken; Putnam; Vitter
Moore; Symens; Whiting
The question being "Shall SB 139 pass?"
Bogue; Dennert; Diedrich (Larry); Duxbury; Greenfield; Ham; Kleven; Koskan; Madden;
Staggers
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Diedtrich (Elmer); Drake;
Everist; Hagen; Hutmacher; Koetzle; McCracken; McIntyre; Munson; Olson (Ed); Putnam;
Reedy; Sutton (Dan); Volesky
Apa; Moore; Symens; Vitter; Whiting
"Section 2. That chapter
10-45
be amended by adding thereto a NEW SECTION to read as
follows:
"Section 5. If a court determines that a petitioner pursuant to section 4 of this Act should be
awarded custody or visitation, the court need not terminate either biological parent's parental
rights over the child. A judgment awarding the petitioner custodial rights may award the
biological parent with visitation rights with the child.
Section 6. If a court awards a third party custodial rights to a child, the court may set child
support in whatever amount it deems appropriate, and notwithstanding the provisions of any
other statute to the contrary, may waive the biological parent's duty to provide monetary or other
support for their child."
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB
176
which was deferred to the 36th Legislative Day.
HB 1076:
FOR AN ACT ENTITLED, An Act to
revise certain membership requirements
for county and municipal housing and redevelopment commissions.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on State Affairs.
HB 1131:
FOR AN ACT ENTITLED, An Act to
provide for civil recovery of unpaid
property and services.
Was read the first time and referred to the Committee on Judiciary.
HB 1134:
FOR AN ACT ENTITLED, An Act to
revise the time at which bond is required
of a surplus line broker.
Was read the first time and referred to the Committee on Commerce.
HB 1087:
FOR AN ACT ENTITLED, An Act to
revise the property tax levies for the
general fund of a school district.