The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of
Allegiance led by House pages Miles Krumbach, Alexis Liknes, and Andrea Webster.
Roll Call: All members present except Reps. Hennies and Valandra who were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-first 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 23, 2006, I approved House Bills 1069 and
1113, 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 24, 2006, I approved House Bills 1027, 1103,
1226, and 1227, 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 1141 and, pursuant to Article IV, Section 4, I hereby veto House
Bill 1141.
House Bill 1141 is "An Act to provide standards for interpreting for the deaf and
hard-of-hearing by requiring national interpreter certification and to repeal the state certification
process and replace it with registration." The intent of House Bill 1141 is to establish standards
for interpreting for the deaf and hard of hearing. I agree with this premise and support the
sponsor's intent. The problem appears to have occurred when the bill was drafted. The problem
with House Bill 1141 as it appears before me is that it unconstitutionally delegates legislative
authority on page 2, section 4. Simply put, future legislatures cannot be bound to standards and
criteria not yet determined by the associations or groups in the future as provided in House
Bill 1141. Specifically, the legislature would be committing future legislatures to any changes
in the standards or criteria for certification by the Registry of Interpreters, the National
Association of the Deaf, and the Educational Interpreters Proficiency Assessment.
I respectfully request you concur with my veto of House Bill 1141.
Respectfully submitted,
M. Michael Rounds
Governor
cc: The Honorable Chris Nelson
The Honorable Dennis Daugaard
I have the honor to inform your honorable body that the Senate has adopted the reports of
the Conference Committees on HB 1072 and SB 207.
I have the honor to return herewith HCR 1008 in which the Senate has concurred.
I have the honor to return herewith HB 1079, 1180, 1220, and 1246 which have passed the
Senate without change.
I have the honor to return herewith HB 1055, 1058, 1060, 1090, 1128, 1175, 1176, 1232,
1233, 1238, 1240, and 1244 which have been amended by the Senate and your concurrence in
the amendments is respectfully requested.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 69 and 142.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 184 and has appointed Sens. Kooistra, Koetzle, and Smidt 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.
HOUSE PAGE RESOLUTION 4 Introduced by: Representatives 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; Michels; 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
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eighty-first Legislature of the State of South Dakota to Lisa Curtis, Sunny Foster,
Derek Hackett, Gregory Hanson, Abigail Hauert, Miles Krumbach, Alexis Liknes, Myles
Nielson, Megan Peschong, Sarah Questad, Chanel Sharp, Michael Thomas, Natalie
Torberson, Andrea Webster.
WHEREAS, the above named served loyally as pages for the House of Representatives
of the Eighty-first Legislative Session; and
WHEREAS, the members of the Eighty-first House of Representatives express their most
sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-
first Legislature of the State of South Dakota, that a personal copy of this resolution be duly
certified and furnished to each page on this last day of service.
Rep. Rhoden moved that House Page Resolution 4 be adopted.
Which motion prevailed and the resolution was adopted.
Which motion prevailed.
Rep. Hunt moved that the House do concur in Senate amendments to HB 1215.
The question being on Rep. Hunt's motion that the House do concur in Senate amendments
to HB 1215.
And the roll being called:
Yeas 50, Nays 18, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos;
Gassman; Gillespie; Glenski; Hackl; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff;
Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; Miles; Nelson;
Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds;
Schafer; Sebert; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Cutler; Dennert; Elliott; Glover; Haley; Halverson; Hanks; McLaughlin; Murschel;
O'Brien; Roberts; Sigdestad; Street; Thompson; Tidemann; Van Norman; Vehle
Excused:
Hennies; Valandra
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.
Rep. Putnam moved that the House do concur in Senate amendments to HB 1015.
The question being on Rep. Putnam's motion that the House do concur in Senate
amendments to HB 1015.
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Hargens
Excused:
Hennies; Valandra
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Heineman moved that the consideration of amendments to HB 1020 be deferred to
Monday, February 27th, the 33rd legislative day.
Which motion prevailed.
Rep. Jensen moved that the House do concur in Senate amendments to HB 1098.
The question being on Rep. Jensen's motion that the House do concur in Senate
amendments to HB 1098.
And the roll being called:
Yeas 63, Nays 4, Excused 3, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks;
Hargens; Haverly; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus;
Kroger; Lange; 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; Van Norman; Vehle;
Weems; Willadsen; Speaker Michels
Nays:
Buckingham; Heineman; McCoy; Wick
Excused:
Hennies; Krebs; Valandra
Rep. Rounds moved that the House do concur in Senate amendments to HB 1119.
The question being on Rep. Rounds' motion that the House do concur in Senate
amendments to HB 1119.
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott;
Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; 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;
Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Davis
Excused:
Hennies; Valandra
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.
Rep. Tidemann moved that the House do concur in Senate amendments to HB 1143.
The question being on Rep. Tidemann's motion that the House do concur in Senate
amendments to HB 1143.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Hennies; Valandra
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Wick moved that the consideration of amendments to HB 1167 be deferred to
Monday, February 27th, the 33rd legislative day.
Which motion prevailed.
Rep. Jerke moved that the House do concur in Senate amendments to HB 1181.
The question being on Rep. Jerke's motion that the House do concur in Senate amendments
to HB 1181.
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; 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; 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; Van
Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Buckingham
Excused:
Hennies; Valandra
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 question being on Rep. Kroger's motion that the House do concur in Senate
amendments to HB 1197.
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott;
Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; 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;
Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Davis
Excused:
Hennies; Valandra
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.
Rep. Cutler moved that the House do concur in Senate amendments to HB 1209.
The question being on Rep. Cutler's motion that the House do concur in Senate
amendments to HB 1209.
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; Gillespie; 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; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Hennies; Valandra
Rep. Heineman moved that the House do not concur in Senate amendments to HB 1236
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. Olson,
Buckingham, and Glenski.
HCR 1010:
A CONCURRENT RESOLUTION,
Supporting the development of nuclear
power in South Dakota.
Rep. Wick moved that HCR 1010 as found on pages 695 and 696 of the House Journal be
adopted as amended.
The question being on Rep. Wick's motion that HCR 1010 be adopted as amended.
And the roll being called:
Yeas 61, Nays 5, Excused 4, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost;
Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus;
Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen;
Speaker Michels
Nays:
Bradford; Fryslie; Kroger; Thompson; Van Norman
Excused:
Dykstra; Hennies; Putnam; Valandra
Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 8:30 a.m. on
Monday, February 27th, the 33rd legislative day.
Which motion prevailed.
Rep. Kraus moved that the report of the Conference Committee on HB 1072 as found on
pages 692 and 693 of the House Journal be adopted.
The question being on Rep. Kraus's motion that the report of the Conference Committee
on HB 1072 be adopted.
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; 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; Rausch; Rave; Rhoden; Roberts;
Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van
Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Hennies; Putnam; Valandra
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.
There being no objection, the House reverted to Order of Business No. 6.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 1, 19, 73, 81, 100, 130, 154, 157, and 202.
I have the honor to return herewith HCR 1009 in which the Senate has concurred.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 153 and has appointed Sens. Earley, Apa, and Dan Sutton 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.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 98 and has appointed Sens. Moore, Gray, and Tom Hansen 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.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 198 and has appointed Sens. Schoenbeck, Bogue, 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 adjust the differences between the two houses.
The Speaker appointed Reps. Rave, Hackl, and Van Norman 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 98.
The Speaker appointed Reps. Klaudt, Putnam, and Dennert 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 153.
The Speaker appointed Reps. Gillespie, Van Etten, and Boomgarden 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 184.
The Speaker appointed Reps. Rhoden, Michels, and Hargens 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 198.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1079, 1180, 1220, and 1246 and finds the same
correctly enrolled.
The Committee on Legislative Procedure respectfully reports that HB 1006, 1013, 1016,
1067, 1084, 1149, 1153, 1164, 1174, 1177, 1182, 1185, 1206, 1212, 1218, 1225, and 1247 were
delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 24, 2006.
The Committee on Legislative Procedure respectfully reports that HB 1081, 1129, 1154,
1199, 1237, and 1241 were delivered to his Excellency, the Governor, for his approval at
11:25 a.m., February 24, 2006.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the Governor's veto of HB 1147, overridden that veto and delivered the same
to his Excellency, the Secretary of State, for filing at 11:33 a.m., February 24, 2006.
The Speaker publicly read the title to
HB 1079:
FOR AN ACT ENTITLED, An Act to
define an enrolled student.
HB 1180:
FOR AN ACT ENTITLED, An Act to
prohibit certain acts of child abuse and
endangerment and to provide penalties therefor.
HB 1220:
FOR AN ACT ENTITLED, An Act to
temporarily allow contractual agreements
between certain school districts and to declare an emergency.
HB 1246:
FOR AN ACT ENTITLED, An Act to
authorize the state to join an interstate
compact for the prevention and control of forest fires.
SB 69:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to insurable
interests and to declare an emergency.
SB 83:
FOR AN ACT ENTITLED, An Act to
increase the length of time for which
nationally certified teachers may receive stipends.
SB 99: FOR AN ACT ENTITLED, An Act to establish a task force to study sexual assault and to provide for its composition, scope, and administration.
SB 159:
FOR AN ACT ENTITLED, An Act to
prohibit certain civil penalties on
dishonored checks and to revise the duties of the state's attorneys with respect thereto.
SB 165:
FOR AN ACT ENTITLED, An Act to
appropriate money to the South Dakota
Energy Infrastructure Authority and declare an emergency.
And signed the same in the presence of the House.
HC 1032
Introduced by:
Representatives Gassman, Boomgarden, Buckingham, Davis,
Dennert, Elliott, Frost, Garnos, Gillespie, Glover, Haley, Halverson, Hargens, Heineman, Hills,
Jensen, Jerke, Koistinen, Kroger, Lange, Michels, Miles, Nelson, O'Brien, Pederson (Gordon),
Rausch, Rave, Rhoden, Roberts, Rounds, Sigdestad, Street, Thompson, Van Norman, and
Willadsen and Senators Sutton (Dan), Abdallah, Bartling, Broderick, Duniphan, Earley, Gray,
Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Koetzle, Kooistra, McCracken,
Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), and Two Bulls
HC 1034
Introduced by:
Representatives O'Brien and Tidemann and Senator Smidt
HC 1035
Introduced by:
Representatives Gillespie and Dykstra and Senator Broderick
Rep. Hackl moved that the House do now adjourn, which motion prevailed and at
2:58 p.m. the House adjourned.