The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge
of Allegiance led by House page Jared Tidemann.
Roll Call: All members present except Reps. Koistinen, Olson, and Van Etten 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-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Rep. Rhoden moved to adjust the 2006 Legislative Calendar and denominate March 21,
2006, as the thirty-fifth (35th) legislative day due to the inability of the Legislature to meet
because of inclement weather.
Which motion prevailed.
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 Eighty-first Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Michels,
Rhoden, and Hargens.
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.
Rep. Murschel 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 bill relating to providing for the regulation of persons interpreting for the deaf
and hard-of-hearing.
The question being on Rep. Murschel'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 bill relating to providing for the regulation of
persons interpreting for the deaf and hard-of-hearing.
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Excused:
Koistinen; Olson (Ryan); Van Etten; 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.
HB 1248
Introduced by:
Representative Murschel and Senator Schoenbeck
FOR AN ACT ENTITLED, An Act to
provide for the regulation of persons interpreting
for the deaf and hard-of-hearing.
Was read the first time.
HB 1248:
FOR AN ACT ENTITLED, An Act to
provide for the regulation of persons
interpreting for the deaf and hard-of-hearing.
Was read the second time.
The question being “Shall HB 1248 pass?”
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Excused:
Koistinen; Olson (Ryan); Van Etten; Van Norman
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. 4.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 2, 2006, I approved House Bills 1079, 1081, 1129,
1154, 1180, 1199, 1220, 1241, and 1246, 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 March 6, 2006, I approved House Bills 1015, 1020, 1058,
1060, 1072, 1090, 1119, 1143, 1176, 1181, 1215, and 1236, 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 March 7, 2006, I approved House Bills 1163, 1175, 1197,
1209, 1232, and 1240, 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 March 8, 2006, I approved House Bills 1067, 1182, and
1237, 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 March 8, 2006, I approved House Bills 1238 and 1244,
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 March 10, 2006, I approved House Bills 1167 and 1233,
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 March 13, 2006, I approved House Bill 1098, and the
same has 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 herewith return House Bill 1055 and VETO the same. HB 1055 is an Act to appropriate
money for international trade representation and to declare an emergency.
My objection to this bill is that it contains only $1.00 in funding. If this legislation warrants
passage upon its merits, then it should contain funds to carry out the objectives of the bill.
Enacting legislation which places significant responsibilities upon our Department of Tourism
and State Development without the appropriate funding to carry out those responsibilities dilutes
the effectiveness of our efforts.
House Bill 1055, without such funding, will divert dollars already committed to achieving the
goals of the 2010 Initiative. Within the limitations of the budget, we are all faced with difficult
decisions regarding just which programs deserve funding in a given year.
While the reasoning in passing this legislation with funding of $1.00 is unclear to me, I would
respectfully request that you concur with my action, and reconsider the idea behind HB 1055
at a later date when sufficient funding becomes available.
Respectfully submitted,
M. Michael Rounds
cc: The Honorable Chris Nelson
The Honorable Dennis Daugaard
The Honorable Matthew J.W. Michels
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501-5070
Re: House Bill 1110
Dear Speaker Michels and Members of the House:
I herewith return House Bill 1110 and, pursuant to Article IV, Section 4, of the South Dakota
Constitution, I hereby veto the same. The bill is entitled, "An Act to provide compensation to
certain retailers for collecting and remitting the sales tax after a certain threshold is met."
Most bills need only one floor vote in each body of the legislature to pass. It took eight votes
in the South Dakota State Senate and the South Dakota House of Representatives for the
concepts in this bill to finally pass. The reluctance was caused by flaws that still exist in the
bill.
This bill takes $4.8 million of taxes collected and diverts them from future property tax
reductions and possible increases in state aid to local schools. It is triggered at a time yet
unknown in the future by events outside the control of the legislature. At whatever time that
might be, and for every year thereafter, state revenues available for additional property tax relief,
additional state aid to local schools or other legislatively determined programs would be reduced
by at least $3.3 million. City and town revenues would be reduced by at least $1.5 million.
At some point in the future, when the state has stable and ongoing revenue increases from the
Streamlined Sales Tax Initiative or from other sources, tax reductions or benefits for many more
taxpayers than just this one select group should be considered by the legislature at that time.
A $4.8 million reduction in state and local revenues should not be forwardly mandated by this
legislature. Future legislatures should have the option to make those determinations when
additional ongoing revenues are available.
I respectfully request that you concur with my veto of HB 1110.
Respectfully submitted,
M. Michael Rounds
cc: The Honorable Chris Nelson
The Honorable Dennis Daugaard
The House proceeded to the reconsideration of HB 1055 pursuant to the veto of the
Governor and the veto message found on page 816 of the House Journal as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being “Shall HB 1055 pass, the veto of the Governor notwithstanding?”
And the roll being called:
Yeas 2, Nays 64, Excused 4, Absent 0
Yeas:
Bradford; Gassman
Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus;
Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien;
Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Vehle; Weems; Wick;
Willadsen; Speaker Michels
Excused:
Koistinen; Olson (Ryan); Van Etten; Van Norman
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 House proceeded to the reconsideration of HB 1110 pursuant to the veto of the
Governor and the veto message found on page 817 of the House Journal as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being “Shall HB 1110 pass, the veto of the Governor notwithstanding?”
And the roll being called:
Yeas 54, Nays 12, Excused 4, Absent 0
Nays:
Cutler; Dykstra; Hackl; Peters; Putnam; Rausch; Rhoden; Rounds; Tidemann; Vehle; Wick;
Speaker Michels
Excused:
Koistinen; Olson (Ryan); Van Etten; Van Norman
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.
There being no objection, the House reverted to Order of Business No. 7.
MR. SPEAKER:
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
Eighty-first Legislative Session.
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.
Rep. Bradford 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 bill to revise the definition of a sparse school district, and to make an
appropriation for distribution to sparse school districts.
The question being on Rep. Bradford'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 bill to revise the definition of a sparse school district,
and to make an appropriation for distribution to sparse school districts.
And the roll being called:
Yeas 24, Nays 42, Excused 4, Absent 0
Yeas:
Bradford; Dennert; Elliott; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson;
Hargens; Hennies; Hills; Jensen; Kroger; Lange; Miles; Novstrup; Roberts; Schafer; Sigdestad;
Street; Thompson; Valandra
Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Hackl; Hanks; Haverly; Heineman; Howie; Hunhoff; Hunt; Jerke; Klaudt; Kraus; Krebs;
McCoy; McLaughlin; Murschel; Nelson; O'Brien; Pederson (Gordon); Peters; Putnam; Rausch;
Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Turbiville; Vehle; Weems; Wick;
Willadsen; Speaker Michels
Excused:
Koistinen; Olson (Ryan); Van Etten; Van Norman
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
There being no objection, the House reverted to Order of Business No. 6.
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 Eighty-first Legislative Session.
Respectfully submitted, Respectfully submitted,
Matthew Michels Eric Bogue
Larry Rhoden Tom Dempster
Dale Hargens Garry Moore
House Committee Senate Committee
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.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Eighty-first Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 5:09 p.m., March 21, 2006.
Respectfully submitted, Respectfully submitted,
Matthew Michels Eric Bogue
Larry Rhoden Jay Duenwald
Dale Hargens Garry Moore
House Committee Senate Committee
Rep. Rhoden moved that the report of the Joint-Select Committee relative to fixing the
time to adjourn sine die be adopted.
Which motion prevailed.
I have the honor to inform your honorable body that the Senate has passed HB 1110, the
Governor's veto notwithstanding.
I have the honor to inform your honorable body that the Senate has sustained the veto of
the Governor on HB 1141.
I have the honor to return herewith HB 1248 which has passed the Senate without change.
I have the honor to transmit herewith SB 210 which has passed the Senate and your
favorable consideration is respectfully requested.
Also MR. SPEAKER:
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 informing his Excellency, the Governor, 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 adopted the Report of
the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the
Eighty-first Legislative Session.
Rep. Dennert 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 bill to revise the property tax levies for the general fund of a school district
contained in House Bill 1060 as previously enacted by the Eighty-first session of the South
Dakota Legislature.
The question being on Rep. Dennert'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 bill to revise the property tax levies for the general
fund of a school district contained in House Bill 1060 as previously enacted by the Eighty-first
session of the South Dakota Legislature.
And the roll being called:
Yeas 20, Nays 46, Excused 4, Absent 0
Yeas:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens;
Kroger; Lange; Miles; Novstrup; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman
Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke;
Klaudt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; O'Brien; Pederson (Gordon);
Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow;
Turbiville; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Hennies; Koistinen; Olson (Ryan); Van Etten
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
Rep. Klaudt 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 210
relating to revise certain appropriations contained in Senate Bill 209, the General Appropriations
Act.
The question being on Rep. Klaudt'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 210 relating to revise certain appropriations contained in Senate
Bill 209, the General Appropriations Act.
And the roll being called:
Yeas 65, Nays 1, Excused 4, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt;
Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup;
O'Brien; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds;
Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Hennies; Koistinen; Olson (Ryan); Van Etten
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried.
SB 210:
FOR AN ACT ENTITLED, An Act to
revise certain appropriations contained in
Senate Bill 209, the General Appropriations Act, for the fiscal year ending June 30, 2007, as
previously enacted by the Eighty-first Session of the South Dakota Legislature.
Was read the first time.
SB 210:
FOR AN ACT ENTITLED, An Act to
revise certain appropriations contained in
Senate Bill 209, the General Appropriations Act, for the fiscal year ending June 30, 2007, as
previously enacted by the Eighty-first Session of the South Dakota Legislature.
Was read the second time.
The question being “Shall SB 210 pass?”
And the roll being called:
Yeas 63, Nays 3, Excused 4, 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; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson
(Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street;
Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick;
Willadsen; Speaker Michels
Nays:
Davis; Haverly; Rausch
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.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1248 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1248:
FOR AN ACT ENTITLED, An Act to
provide for the regulation of persons
interpreting for the deaf and hard-of-hearing.
SB 210:
FOR AN ACT ENTITLED, An Act to
revise certain appropriations contained in
Senate Bill 209, the General Appropriations Act, for the fiscal year ending June 30, 2007, as
previously enacted by the Eighty-first Session of the South Dakota Legislature.
And signed the same in the presence of the House.
The Committee on Legislative Procedure respectfully reports that HB 1248 was delivered
to his Excellency, the Governor, for his approval at 4:56 p.m., March 21, 2006.
The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1055, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 5:00 p.m., March 21, 2006.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the Governor's veto of HB 1110, overridden that veto and delivered the same
to his Excellency, the Secretary of State, for filing at 5:00 p.m., March 21, 2006.
The Committee on Legislative Procedure respectfully reports that the House has, pursuant
to the Governor's veto of HB 1141, sustained that veto and delivered the same to his
Excellency, the Secretary of State, for filing at 5:00 p.m., March 21, 2006.
Pastor Grinager's closing prayer was offered by Speaker Michels:
Holy God, as we come to this closing day of this legislative session we come with thankful
hearts. We come grateful for the gift of life and for the ways our lives have been blessed by the
communities we represent. We come thankful for these colleagues with whom we have worked
and served. We come grateful for the staff that serves this body and for the young men and
women who have served as our pages.
Lord, as we came to this place each of us desired to make a positive difference for this state
that we love and seek to serve. We pray that by the things that we have done in this place we
have touched lives in such a way that we have made life better, especially for those who are
powerless and have nobody to speak or act for them. And if there have been things that we have
done that have made life more difficult, we trust O Powerful God, that you can work around
them in such a way that your will might still be accomplished in our state.
As we return home this day, we pray for safe journey. We ask that you would continue to
guide us daily not only in our legislative work at home, but also in the living of our daily lives
and the work that we do to make our daily living.
Finally we ask your blessings upon our Governor and the employees of this state that will
carry out what we have done in our time together. This we pray in your Holy Name. Amen.
Rep. Pederson moved that the House do now adjourn sine die, which motion prevailed and
at 5:09 p.m. the House adjourned.