The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of
Allegiance led by House page Krystal Brunner.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-ninth 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. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 7, 2005, I approved House Bills 1024, 1095, 1170,
1180, 1202, 1226, 1240, 1245, 1248, and 1265, and the same have been deposited in the office
of the Secretary of State.
I have the honor to inform you that on March 8, 2005, I approved House Bill 1203 and the same
has been deposited in the office of the Secretary of State.
I have the honor to inform your honorable body that the Senate has appointed Sens. Bogue,
Dempster, and Moore as a committee of three on the part of the Senate to meet with a like
committee on the part of the House to wait upon his Excellency, the Governor, to inform him
that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he
has any further communications to make to the Legislature.
I have the honor to inform your honorable body that the Senate has appointed Sens. Bogue,
Duenwald, and Moore as a committee of three on the part of the Senate to meet with a like
committee on the part of the House pertaining to fixing the time of adjournment sine die for the
Eightieth Legislative Session.
I have the honor to transmit herewith SB 223 and 224 which have passed the Senate and
your favorable consideration is respectfully requested.
Rep. Rhoden moved that a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment
sine die for the Eightieth Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Michels,
Dykstra, and Gillespie.
Rep. Rhoden moved that a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor,
to inform him that the Legislature has completed its labors and is ready to adjourn sine die and
to ascertain if he has any further communications to make to the Legislature.
Which motion prevailed and the Speaker appointed as such committee Reps. Michels,
Rhoden, and Hargens.
The Honorable Mathew Michels
Speaker of the House
State Capitol
Pierre, SD 57501-5070
Dear Speaker Michels and Members of the House:
I herewith return House Bill 1028 and VETO the same. It is "An Act to make an appropriation
to fund the South Dakota opportunity scholarships, to provide for long-term funding of the
scholarships, to revise certain scholarship provisions, and to declare an emergency".
This bill breaks a commitment that both the legislature and I made to the thousands of students
last year. We pledged that if these students complete the rigorous requirements we set forth for
them, we would offer them a $1,000 scholarship for their first three years of postsecondary
learning and $2,000 for their fourth year. HB1028 reduces the fourth year amount to $1,000.
We were all surprised at the number of students who have enrolled at our state institutions this
past fall to take advantage of this opportunity we have made available to them. To be exact, 827
students are now taking advantage of this worthwhile program. Last year we only projected
650. That is 27% more than we projected.
The message we send when we reduce the scholarship amount is that when a program is
successful, we try to limit it. We teach our children that a deal is not a deal and for those that
have begun their freshman year of high school taking the requirements of the opportunity
scholarship, we are breaking that deal to them.
The funding mechanism for this bill is also cause for concern. The way the bill is drafted, it
would transfer $5 million each year from education enhancement earnings to a new fund created
by this bill. In my budget address the last two years, I have made available over $3 million in
education enhancement earnings that were unallocated. My goal was for the legislature to make
decisions on how to spend that money for education rather than having to accept my proposals
to spend the entire amount of the earnings. To date, there is over $15 million in earnings from
that trust fund. The legislature has been spending that money on new programs and increases
in base funding for education. With the passage of HB1220 this session, the last $3 million of
unallocated earnings from this trust fund were spent for ongoing funding of education in South
Dakota. Therefore, every year the first $15 million of interest earnings are obligated to funding
programs already put in place for education. Therefore, there will not be $5 million that will be
unallocated in FY2007 to be used to fund these scholarships.
Furthermore, beginning in FY2006, current law states that instead of using 4% of the fair market
value on December 31 to compute the amount of earnings to transfer to the general fund, that
the 16 most recent quarters average will be used to compute the transfer to the general fund.
Because we'll be using a rolling average that goes back to before the securitization deposit to the
trust, the amount of the interest available will surely drop below the $15 million that is available
today.
Finally, in FY2007 $5 million will not be needed to fund the scholarships. Based on new
numbers from the Board of Regents, the FY2007 need for scholarships will be $3 million.
Absent trust earnings, it is evident that we will need to use new general funds to fund these
scholarships in the future. Using new general funds will ensure these scholarships will be
available and will be funded for the long-term. HB1028 does not ensure the funds will be
available for scholarships in the long-term and I can not support a bill that takes funds from
where they are not available.
I believe that we should keep the commitment we made to our young people last year. I also
want to provide funding for these scholarships for the long-term. HB1028 does neither of these
things. I respectfully request that you concur with my veto of HB1028.
Sincerely,
M. Michael Rounds
Cc: The Honorable Chris Nelson
The Honorable Dennis Daugaard
The House proceeded to the reconsideration of HB 1028 pursuant to the veto of the
Governor and the veto message as provided in Article IV, Section 4, of the Constitution of the
State of South Dakota.
And the roll being called:
Yeas 41, Nays 29, Excused 0, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Davis; Dykstra; Fryslie; Glenski; Hackl; Hanks; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus;
Krebs; McCoy; McLaughlin; Nelson; Novstrup; Pederson (Gordon); Peters; Putnam; Rausch;
Rave; Rhoden; Schafer; Sebert; Tidemann; Turbiville; Van Etten; Vehle; Weems; Wick;
Willadsen
Nays:
Buckingham; Cutler; Deadrick; Dennert; Elliott; Faehn; Frost; Garnos; Gassman; Gillespie;
Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Murschel; O'Brien; Olson (Ryan);
Roberts; Rounds; Sigdestad; Street; Thompson; Tornow; Valandra; Van Norman; Speaker
Michels
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost, sustaining the Governor's veto.
The Honorable Mathew Michels
Speaker of the House
State Capitol
Pierre, SD 57501-5070
Dear Speaker Michels and Members of the House:
I herewith return House Bill 1082 and pursuant to Article IV, Section 4 of the South Dakota
Constitution, I exercise a LINE ITEM VETO on the same. House Bill 1082 is, "An Act to
appropriate money for postsecondary technical education enhancement".
This bill spends earnings from the education enhancement trust fund earnings which are not
there.
The way the bill is drafted, it would spend $1.4 million of interest earnings from the Education
Enhancement Trust Fund. For the past two years, I have made available over $3 million in
education enhancement earnings that are unallocated and have not been committed. My goal
was for the legislature to make decisions on how to spend that money for education rather than
having to accept my proposals to spend the entire amount of the earnings. To date, there is over
$15 million in earnings from that trust fund. The legislature has been spending that money on
new programs and increases in base funding for education. With the passage of HB1220 this
session, the last $3 million of unallocated earnings from this trust fund were spent for ongoing
funding of education in South Dakota. Therefore, every year the first $15 million of interest
earnings are obligated to funding programs already put in place for education. This session, the
legislature spent $1.4 million more from these earnings than were available.
The only way to comply with this bill is to use new general funds to fund these grants to
technical schools. Therefore, I am exercising a line item veto to strike the portion of the bill that
deals with earnings from the education enhancement trust fund. Specifically, on line 4 of the
Senate Appropriations Committee engrossed bill after the "," delete the remainder of line 4. On
Page 1, delete line 5. On Page 1, line 6 delete everything before "the".
Of course, this will increase our deficit. HB1088, which is the general bill, put in place a plan
by which to spend the $15 million of trust fund earnings for FY2006. HB 1082 was not part of
that plan. Therefore, to be able to move forward with HB1082 in a proper and responsible
matter, this line item veto is the solution.
In the future we need to determine our priorities and spend the resources we have within those
priorities rather than overspending the availability of funds by $1.4 million as we have now done
in HB1082. I respectfully request that you concur with my LINE ITEM VETO of HB1082.
Sincerely,
M. Michael Rounds
cc: The Honorable Chris Nelson
The Honorable Dennis Daugaard
The House proceeded to the reconsideration of HB 1082 pursuant to the line item veto of
the Governor, as provided in Article IV, Section 4 of the Constitution of the State of South
Dakota.
The question being "Shall the language deleting everything after the "," on line 4, all of
line 5, and everything before "the" on line 6 of the Senate Appropriations Committee engrossed
version of HB 1082 pass, the line item veto of the Governor notwithstanding?"
And the roll being called:
Yeas 1, Nays 69, Excused 0, Absent 0
Yeas:
Schafer
So the question not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the line item veto of the Governor was sustained.
The Honorable Matthew J. W. Michels
Speaker of the House
State Capitol Pierre, SD 57501-5070
Dear Speaker Michels and Members of the House:
I herewith return House Bill 1088 and pursuant to Article IV, Section 4 of the South Dakota
Constitution, I exercise the LINE ITEM VETO on the same. House Bill 1088 is, "An Act to
appropriate money for the ordinary expenses of the legislative, judicial, and executive
departments of the state, the expenses of state institutions, interest on the public debt, and for
common schools."
Department of Corrections (DOC), Section 15, I hereby exercise the line item veto and delete
lines 30-32 on page 22 of the House Appropriations Committee Engrossed version of House Bill
1088.
Section 15, lines 30-32 of House Bill 1088 read as follows:
"The special committee created by chapter 4-8A may release the money appropriated in the
above contingency fund when the secretary of the Department of Corrections has received
payment for the sale of land purchased pursuant to chapter 59 of the 2004 Session Laws."
The Appropriations Committee added amendment 1088hr to House Bill 1088. The amendment
was brought to provide for a contingency fund within the DOC budget that would restore
funding to the department once they sold the land that originally would be the site of the
construction of the Rapid City Trusty Unit. This was supposed to be the mechanism by which
the legislature could mandate that the department sell the land in order to restore the rest of the
department's budget to them. The amendment is not an appropriation. It is placing a restriction
on funds that are appropriated within the general bill. This change is outside the scope of the
general appropriations bill.
The South Dakota Constitution, Article XII, § 2 only allows the General Appropriations Bill to
"embrace nothing but appropriations."
"The general appropriation bill shall embrace nothing but appropriations for ordinary expenses
of the executive, legislative and judicial departments of the state, the current expenses of state
institutions, interest on the public debt, and for common schools. All other appropriations shall
be made by separate bills, each embracing but one object, and shall require a two-thirds vote of
all the members of each branch of the Legislature."
Recent Supreme Court cases have interpreted this section of our Constitution to prohibit
amending the appropriations bill in this manner. The decision of South Dakota Ed. Ass'n v.
Barnett held:
"[w]hile the Legislature is free to impose conditions and restrictions on appropriated funds within
the body of a general appropriations bill, it may not substantively legislate in that bill in a manner
that changes, amends or repeals existing law." South Dakota Ed. Ass'n v. Barnett, 1998 SD 84,
paragraph 19, 582 N.W.2d 386, 392 (1998); See, also, Duxbury, McKellips and Symens v.
Harding, 490 N. W. 2d 740, 1992 SD Lexis 132 (1992); and SEE, generally, for a discussion of
valid and invalid appropriation actions, Apa v. Butler, 2001 SD 147, 638 N.W.2d 57(2001).
Section 15 goes beyond allocating funds and clearly puts mandates and restrictions upon them.
The decision to change existing law regarding the purchase of this land and ultimately sell it must
be subjected to the scrutiny of the regular legislative process. For example, the change proposed
by this language in section 15 has the potential for conflicting of existing statutes. HB1280,
which passed during the 2003 session allowed for the construction of the Rapid City Trusty Unit.
HB1077, which passed during the 2004 session, included the general funds to purchase the land
that the trusty unit would be built upon. Finally, HB1052, passed by this legislature this year,
rescinded the appropriation of funding for the trusty unit, but not the appropriation for the land.
Therefore, how can the legislature mandate through a contingency fund the reversal and
requirement to sell this land absent a new law?
CONTINGENCY FUNDS RESTRICTIONS
I hereby exercise the line item veto at page 30, by deleting section 32 of the House
Appropriations Committee Engrossed version of House Bill 1088. Section 32 reads as follows:
"All moneys appropriated to contingency funds created by this Act shall be released for
expenditure in accordance with chapter 4-8A."
In the same manner that the DOC amendment attempts to put mandates and restrictions upon
the sale of a piece of land, amendment 1088ha attempts to link contingency fund expenditures
to a process already in place regarding contingency funds in SDCL 4-8A. This amendment also
goes beyond the scope of what an appropriation bill should contain in linking existing law to
contingency funds appropriated in the general appropriations act. There is absolutely no need
for this amendment in this general bill, unless we are assuming that SDCL 4-8A is flawed in some
fashion and must be rectified. In any case, the general appropriations act is not the place to be
enacting those types of changes.
The decision of South Dakota Ed. Ass'n v. Barnett held:
Based on the foregoing grounds, I respectfully LINE ITEM VETO House Bill 1088.
I respectfully request your concurrence with my action.
Respectfully submitted,
M. Michael Rounds
Cc: The Honorable Dennis Daugaard
The Honorable Chris Nelson
The House proceeded to the reconsideration of HB 1088 pursuant to the line item veto of
the Governor, as provided in Article IV, Section 4, of the Constitution of the State of South
Dakota.
The question being "Shall Section 15, lines 30-32 on page 22 of the House Appropriations
Committee Engrossed version of HB 1088 pass, the line item veto of the Governor
notwithstanding?"
And the roll being called:
Yeas 0, Nays 70, Excused 0, Absent 0
Nays:
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; Miles; Murschel;
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; Wick; Willadsen; Speaker Michels
So the question not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the line item veto of the Governor was sustained.
The House proceeded to the reconsideration of HB 1088 pursuant to the line item veto of
the Governor, as provided in Article IV, Section 4 of the Constitution of the State of South
Dakota.
And the roll being called:
Yeas 0, Nays 70, Excused 0, Absent 0
Nays:
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; Miles; Murschel;
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; Wick; Willadsen; Speaker Michels
So the question not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the line item veto of the Governor was sustained.
Rep. Rhoden moved that the House do now recess until 1:00 p.m., which motion prevailed,
and at 11:51 a.m., the House recessed.
The House reconvened at 1:00 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to transmit herewith SB 225 which has passed the Senate and your
favorable consideration is respectfully requested.
Rep. Haley moved that the rules be suspended for the sole purpose of introducing, giving
first reading, dispensing with committee referral, and giving second reading and final
consideration to a resolution requesting South Dakota's congressional delegation to support
federal legislation to maintain the automated flight service station in Huron as staffed by federal
air traffic control flight service specialists.
The question being on Rep. Haley's motion that the rules be suspended for the sole purpose
of introducing, giving first reading, dispensing with committee referral, and giving second
reading and final consideration to a resolution requesting South Dakota's congressional
delegation to support federal legislation to maintain the automated flight service station in Huron
as staffed by federal air traffic control flight service specialists.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
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; Lange; McCoy; McLaughlin; Miles; Murschel; 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; Wick; Willadsen; Speaker Michels
Excused:
Kroger
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried.
HCR 1023
Introduced by:
Representatives Haley, Boomgarden, Bradford, Brunner,
Buckingham, Cutler, Davis, Dennert, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie,
Glenski, Glover, Hackl, Halverson, Hanks, Hargens, Hennies, Hills, Hunhoff, Hunt, Jensen,
Jerke, Krebs, Kroger, Lange, McCoy, McLaughlin, Miles, Murschel, Nelson, Novstrup, O'Brien,
Olson (Ryan), Rausch, Roberts, Rounds, Schafer, Sigdestad, Street, Thompson, Tidemann,
Tornow, Turbiville, Vehle, Weems, Wick, and Willadsen and Senators Hansen (Tom), Abdallah,
Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant,
Gray, Greenfield, 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
Was read the first time.
HCR 1023:
A CONCURRENT RESOLUTION,
Requesting South Dakota's congressional
delegation to support federal legislation to maintain the automated flight service station in Huron
as staffed by federal air traffic control flight service specialists.
Rep. Haley moved that HCR 1023 be adopted.
Rep. Haley moved that HCR 1023 be adopted as amended.
The question being on Rep. Haley's motion that HCR 1023 be adopted as amended.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
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; Lange; McCoy; McLaughlin; Miles; Murschel; 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; Wick; Willadsen; Speaker Michels
Excused:
Kroger
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1023 was adopted as amended.
Rep. Dykstra moved that the rules be suspended for the sole purpose of introducing, giving
first reading, dispensing with committee referral, and giving second reading and final
consideration to an act to revise certain provisions relating to the implementation of certain
provisions relating to the prohibition of abortions.
The question being on Rep. Dykstra's motion that the rules be suspended for the sole
purpose of introducing, giving first reading, dispensing with committee referral, and giving
second reading and final consideration to an act to revise certain provisions relating to the
implementation of certain provisions relating to the prohibition of abortions.
And the roll being called:
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Gassman; Gillespie; Glenski; Hackl; Haley; Hanks; Hargens; Haverly; Heineman;
Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange;
McCoy; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam;
Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Street; Tidemann; Tornow; Turbiville;
Valandra; Van Etten; Weems; Wick; Willadsen; Speaker Michels
Nays:
Cutler; Dennert; Elliott; Glover; Halverson; McLaughlin; Murschel; Roberts; Sigdestad;
Thompson; Van Norman; Vehle
Excused:
Kroger
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried.
HB 1266
Introduced by:
Representatives Dykstra, Hargens, Hunt, Miles, and Weems and
Senators Hansen (Tom) and Bartling
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
implementation of certain provisions relating to the prohibition of abortions.
Was read the first time.
HB 1266:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
implementation of certain provisions relating to the prohibition of abortions.
Was read the second time.
The question being "Shall HB 1266 pass?"
And the roll being called:
Yeas 54, Nays 15, Excused 1, Absent 0
Nays:
Bradford; Cutler; Dennert; Elliott; Glover; Haley; Halverson; McLaughlin; Murschel; Roberts;
Sigdestad; Thompson; Valandra; Van Norman; Vehle
Excused:
Kroger
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
There being no objection, the House reverted to Order of Business No. 8.
Rep. Rhoden moved that the rules be suspended for the sole purpose of giving first reading,
dispensing with committee referral, and giving second reading and final consideration to SB 223.
The question being on Rep. Rhoden's motion that the rules be suspended for the sole
purpose of giving first reading, dispensing with committee referral, and giving second reading
and final consideration to SB 223.
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
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; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson;
Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden;
Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville;
Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Valandra; Van Norman
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried.
Rep. Rhoden moved that the rules be suspended for the sole purpose of giving first reading,
dispensing with committee referral, and giving second reading and final consideration to SB 224.
The question being on Rep. Rhoden's motion that the rules be suspended for the sole
purpose of giving first reading, dispensing with committee referral, and giving second reading
and final consideration to SB 224.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
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; Lange; McCoy; McLaughlin; Miles; Murschel; 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; Wick; Willadsen; Speaker Michels
Excused:
Kroger
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried.
Rep. Rhoden moved that the rules be suspended for the sole purpose of giving first reading,
dispensing with committee referral, and giving second reading and final consideration to SB 225.
The question being on Rep. Rhoden's motion that the rules be suspended for the sole
purpose of giving first reading, dispensing with committee referral, and giving second reading
and final consideration to SB 225.
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Nays:
Deadrick
Excused:
Kroger
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried.
SB 223:
FOR AN ACT ENTITLED, An Act to
require the filing of certain tax returns and
to declare an emergency.
Was read the first time.
SB 224:
FOR AN ACT ENTITLED, An Act to
repeal the appropriation contained in House
Bill 1220, as previously enacted by the Eightieth Session of the South Dakota Legislature.
Was read the first time.
SB 225:
FOR AN ACT ENTITLED, An Act to
authorize the Department of Corrections
to sell certain real property acquired for use as a correctional facility, to provide for the
disposition of the proceeds, and to declare an emergency.
Was read the first time.
SB 223:
FOR AN ACT ENTITLED, An Act to
require the filing of certain tax returns and
to declare an emergency.
Was read the second time.
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Boomgarden; 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; Lange; McCoy; McLaughlin; Miles; Murschel; 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; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Van Norman
Excused:
Kroger
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
SB 224:
FOR AN ACT ENTITLED, An Act to
repeal the appropriation contained in House
Bill 1220, as previously enacted by the Eightieth Session of the South Dakota Legislature.
Was read the second time.
The question being "Shall SB 224 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
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; Lange; McCoy; McLaughlin; Miles; Murschel; 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; Wick; Willadsen; Speaker Michels
Excused:
Kroger
SB 225:
FOR AN ACT ENTITLED, An Act to
authorize the Department of Corrections
to sell certain real property acquired for use as a correctional facility, to provide for the
disposition of the proceeds, and to declare an emergency.
Was read the second time.
The question being "Shall SB 225 pass?"
And the roll being called:
Yeas 61, Nays 8, Excused 1, Absent 0
Yeas:
Boomgarden; Bradford; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn; Frost;
Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus;
Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Pederson (Gordon);
Peters; Putnam; Rausch; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick;
Willadsen; Speaker Michels
Nays:
Brunner; Deadrick; Hackl; Jensen; Novstrup; Olson (Ryan); Rave; Rhoden
Excused:
Kroger
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
The Speaker publicly read the title to
SB 223:
FOR AN ACT ENTITLED, An Act to
require the filing of certain tax returns and
to declare an emergency.
SB 224:
FOR AN ACT ENTITLED, An Act to
repeal the appropriation contained in House
Bill 1220, as previously enacted by the Eightieth Session of the South Dakota Legislature.
SB 225: FOR AN ACT ENTITLED, An Act to authorize the Department of Corrections to sell certain real property acquired for use as a correctional facility, to provide for the disposition of the proceeds, and to declare an emergency.
I have the honor to return herewith HB 1266 which has passed the Senate without change.
The Speaker publicly read the title to
HB 1266:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
implementation of certain provisions relating to the prohibition of abortions.
And signed the same in the presence of the House.
There being no objection, the House reverted to Order of Business No. 6.
MR. SPEAKER:
Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors and is ready to adjourn sine die and to
ascertain if he has any further communications to make to the Legislature, respectfully reports
that it has performed the duty assigned to it and has been informed by his Excellency, the
Governor, that he will not appear for the closing of the Eightieth Legislative Session.
Respectfully submitted, Respectfully submitted,
Matthew Michels Eric Bogue
Larry Rhoden Tom Dempster
Dale Hargens Garry Moore
Rep. Rhoden moved that the report of the Joint-Select Committee relative to informing the
Governor that the Legislature has completed its labors and is ready to ascertain if he has any
further communications to make to the Legislature be adopted.
Which motion prevailed and the report was adopted.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Eightieth Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 3:28 p.m., March 22, 2005.
Respectfully submitted, Respectfully submitted,
Matthew Michels Eric Bogue
Joel Dykstra Jay Duenwald
Margaret Gillespie Garry Moore
House Committee Senate Committee
Rep. Dykstra moved that the report of the Joint-Select Committee relative to fixing the time
to adjourn sine die be adopted.
Which motion prevailed and the report was adopted.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee for the purpose of waiting upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to
ascertain if he has any further communications to make to the Legislature.
I have the honor to return herewith HCR 1021 in which the Senate has concurred.
I have the honor to return herewith HCR 1023 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
Rep. Wick moved that the House do concur in Senate amendments to HCR 1023.
The question being on Rep. Wick's motion that the House do concur in Senate amendments
to HCR 1023.
And the roll being called:
Yeas 60, Nays 0, Excused 10, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Halverson; Hanks; Hargens;
Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange;
McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson
(Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen;
Speaker Michels
Excused:
Dennert; Glenski; Haley; Haverly; Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
The Committee on Legislative Procedure respectfully reports that the House has, pursuant
to the recommendation of the Governor as to the line item vetoes of HB 1082 and 1088,
sustained the line item vetoes and that the Office of Enrolling and Engrossing has engrossed the
changes and has returned the same to his Excellency, the Governor at 2:30 p.m., March 22,
2005.
The Committee on Legislative Procedure respectfully reports that the House has, pursuant
to the Governor's veto of HB 1028, sustained that veto and delivered the same to his Excellency,
the Secretary of State, for filing at 2:30 p.m., March 22, 2005.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1266 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that HB 1266 was delivered
to his Excellency, the Governor, for his approval at 3:15 p.m., March 22, 2005.
Keep a promise. Find the time. Forego a grudge. Forgive an enemy. Listen. Apologize if
you were wrong. Try to understand. Flout envy. Examine your demands on others. Think first
of someone else. Appreciate, be kind, be gentle. Laugh a little more.
Deserve confidence. Take up arms against malice. Decry complacency. Express your
gratitude. Worship your God. Gladden the heart of a child. Take pleasure in the beauty and
wonder of the earth. Speak your love. Speak it again. Speak it still again. Speak it still once
again.