The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of
Allegiance led by House page Abigail Hauert.
Roll Call: All members present except Rep. Gillespie who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House 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. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 15, 2006, I approved House Bills 1011, 1023,
1024, 1039, 1070, 1089, and 1189, and the same have been deposited in the office of the
Secretary of State.
Respectfully submitted,
M. Michael Rounds
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 16, 2006, I approved House Bills 1134, 1171,
and 1205, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
M. Michael Rounds
Governor
The Honorable Matthew J. W. Michels
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Speaker Michels and Members of the House:
I hereby return House Bill 1147 and, pursuant to Article IV, Section 4, I hereby veto House Bill
1147 entitled An Act to revise certain eligibility restrictions related to secondary school
extracurricular activities.
During the 1997 legislative session, the legislature passed, and Governor Janklow signed, a bill
enacting SDCL § 13-32-9. By doing so, the legislature sent a clear message to the young people
of South Dakota that the use of controlled substances or marijuana would not be tolerated and
would result in an irrevocable 1-year suspension of the ability to participate in extracurricular
activities.
I strongly believe that HB 1147 sends the wrong message to the young people of the state of
South Dakota by reducing the 1-year loss of privileges to 60 days, thereby enabling those who
are able to hire an attorney or obtain a favorable assessment from a certified chemical
dependency counselor to essentially avoid any loss of extracurricular activities.
Extracurricular activities are a privilege, not a right. The students who participate in
extracurricular activities are frequently seen as role models for younger persons, much as star
professional athletes are seen as role models. I believe that it would be a step back for the state
of South Dakota to lessen penalties such that a drug offense could be viewed as a mere slap on
the wrist, as it is all too often with professional athletes. HB 1147 sends a negative image to
young people in South Dakota. It is time to be clear about the message we send to our youth
in South Dakota. The use of illegal drugs is wrong and there are certain and definite
consequences if you choose to use illegal drugs.
Sometimes peer pressure can be very strong. Providing a young person with a clear reason to
resist inappropriate peer pressure to use illegal drugs can only help make the decision to say no
to drugs easier. We should provide them with the reason to say no.
I therefore respectfully veto HB 1147.
I respectfully request your concurrence with my action.
Respectfully submitted,
M. Michael Rounds
MMR:ls
cc: The Honorable Dennis Daugaard
The Honorable Chris Nelson
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB
53 which was deferred to the 36th Legislative Day.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 202 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 SB
99
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 1
and returns the same with the recommendation that said bill be amended as follows:
"
Section 4. That
§
32-23-14
be amended to read as follows:
32-23-14.
Only a physician, laboratory technician, registered nurse, physician's assistant,
phlebotomist, expanded role licensed practical nurse, medical technician, or medical
technologist may withdraw blood for the purpose of determining the alcoholic content therein.
This limitation does not apply to the taking of a breath or other bodily substance specimen. Such
authorized persons, acting on the presumption of consent
in
§
32-23-10
, and any hospital
or
facility
employing such persons, are not liable and may not be held to pay damages to the party
from whom the blood sample is withdrawn, if the withdrawal is administered with usual and
ordinary care.
No person authorized to withdraw blood under this section may be required or
forced to withdraw blood for the purposes outlined in this chapter, unless required pursuant to
a written agreement.
".
The Committee on State Affairs respectfully reports that it has had under consideration
SB
167 and SJR
2 which were deferred to the 36th Legislative Day.
I have the honor to return herewith HCR 1004 in which the Senate has concurred.
I have the honor to return herewith HB 1040 which has passed the Senate without change.
I have the honor to return herewith HB 1067, 1084, 1177, 1206, and 1212 which have
been amended by the Senate and your concurrence in the amendments is respectfully requested.
Rep. Kraus moved that the House do not concur in Senate amendments to HB 1072 and
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 adjust the differences between the two houses.
Which motion prevailed and the Speaker appointed as such committee Reps. Kraus,
Hunhoff, and Miles.
Rep. O'Brien moved that the House do concur in Senate amendments to HB 1149.
The question being on Rep. O'Brien's motion that the House do concur in Senate
amendments to HB 1149.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Haverly; Heineman; 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
Excused:
Gillespie; Hargens; Hennies
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.
Was read the first time and the Speaker waived the committee referral.
Which motion prevailed.
Rep. Deadrick moved that the report of the Conference Committee on HB 1006 as found
on page 615 of the House Journal be adopted.
The question being on Rep. Deadrick's motion that the report of the Conference Committee
on HB 1006 be adopted.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Hargens; Haverly; Heineman; 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
Excused:
Gillespie; Hennies
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report was adopted.
Rep. Rhoden moved that the reports of the Standing Committees on
Agriculture and Natural Resources on SB 73 as found on page 612 of the House Journal
;
also
Commerce on SB 81 as found on page 613 of the House Journal
; also
Commerce on SB 87 as found on page 614 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 58:
FOR AN ACT ENTITLED, An Act to
define gamma hydroxyl butyrate as a
controlled substance.
Was read the second time.
The question being “Shall SB 58 pass as amended?”
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Hargens; Haverly; Heineman; 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
Excused:
Gillespie; Hennies
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.
SB 186:
FOR AN ACT ENTITLED, An Act to
classify the production of certain upland
game birds as an agricultural pursuit.
Was read the second time.
The question being “Shall SB 186 pass as amended?”
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Tornow
Excused:
Gillespie; Hennies
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.
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.
Was read the second time.
The question being “Shall SB 155 pass?”
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Hargens; Haverly; Heineman; 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
Excused:
Gillespie; Hennies
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.
Was read the second time.
The question being “Shall SB 194 pass as amended?”
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly;
Heineman; 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
Nays:
Bradford; Hargens
Excused:
Gillespie; Hennies
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.
Rep. Rhoden moved that SB 68, 89, 200, 201, 50, 10, 166, 184, 138, 63, 165, 172, 69, 142,
62, 108, 180, 130, and 83 be deferred to Tuesday, February 21st, the 29th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 28, 149, and 208.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 148 and has appointed Sens. Abdallah, Gray, and Koetzle 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.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1007, 1040, 1075, 1082, 1111, 1112, 1113, and 1186
and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that HB 1038, 1054, 1069,
1071, 1080, 1091, 1127, 1132, 1135, 1141, 1173, 1204, 1226, 1227, 1239, and 1243 were
delivered to his Excellency, the Governor, for his approval at 3:30 p.m., February 16, 2006.
The Speaker publicly read the title to
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 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 1111:
FOR AN ACT ENTITLED, An Act to
require certain third party administrators
to provide reports of claims experience upon request.
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.
SB 90:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
approval of plats and the format standards for certain real estate documents recorded with the
register of deeds.
SB 118:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the type
of personal identification required when voting.
And signed the same in the presence of the House.
HC 1021 Introduced by: Representatives Rounds, 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, Hills, Howie, Hunhoff, Hunt, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen and Senators Gray, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, 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), and Two Bulls
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
1:36 p.m. the House adjourned.