The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of
Allegiance led by Senate pages Elizabeth Strohman and Olivia Siglin.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-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.
The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
I respectfully return to you Senate Bill 57 with my VETO.
Senate Bill 57 is entitled, "An Act to revise the investment fee rate for certain employers and
to declare an emergency."
Senate Bill 57 must be vetoed due to a technical flaw. The third page of Senate Bill 57 provides
for two different investment fee rate schedules. As the bill is written, the first investment fee
rate would apply "From January 1, 2010, to December 31, 2011, inclusive." The second would
apply "Beginning January 1, 2011." The first fee rate schedule should have been applied until
"December 31, 2010," rather than "December 31, 2011." The effect of this error would be that
the statute would apply two contradictory fee rate schedules for 2011.
When this error was discovered, immediate action was taken to rectify the problem. Senate Bill
86, which had been deferred to the 41st legislative day, was reconsidered and amended to mirror
Senate Bill 57, correcting this technical error. Senate Bill 86 correctly states that the first
investment fee rate ends December 31, 2010, rather than December 31, 2011. The second
investment fee rate correctly begins January 1, 2011, and will be continuous.
Because Senate Bill 86 has passed, Senate Bill 57 is no longer necessary. I respectfully ask you
sustain my veto.
Respectfully submitted,
Dennis Daugaard
Governor
The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070
I herewith return Senate Bill 202 with the following recommendations as to STYLE and FORM.
Senate Bill 202 is An Act to revise the State Workers' Compensation Advisory Council.
The bill authorizes the appointment of nine members to the council. For clarity, the sentence
on page 1, beginning on line 11 and ending on line 12, should be changed to read as follows:
The Governor shall also appoint the chair, who shall sit as the ninth member, and who has the
right to vote.
I respectfully request that you concur with my recommendation as to style and form.
Respectfully submitted,
Dennis Daugaard
Governor
MR. PRESIDENT:
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Eighty-sixth Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 1:08 p.m., March 28, 2011.
Respectfully submitted, Respectfully submitted,
Val Rausch Craig Tieszen
David Lust Shantel Krebs
Bernie Hunhoff James Hundstad
House Committee Senate Committee
Also MR. PRESIDENT:
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-sixth Legislative Session.
Respectfully submitted, Respectfully submitted,
Val Rausch Russell Olson
David Lust Corey Brown
Bernie Hunhoff Jason Frerichs
House Committee Senate Committee
I have the honor to inform your honorable body that the House has passed HB 1146 over
the veto of the Governor. The veto message of the Governor is found on page 712 of the House
Journal.
We hereby request your favorable consideration in passing HB 1146, the veto of the
Governor notwithstanding.
The Senate proceeded to the reconsideration of SB 57 pursuant to the veto of the Governor
and the veto message found on page 702 of the Senate Journal as provided in Article IV, Section
4, of the Constitution of the State of South Dakota.
The question being "Shall SB 57 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 0, Nays 34, Excused 1, Absent 0
Nays:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Schlekeway
The Senate proceeded to the consideration of the recommendation of the Governor as to
change of style and form of SB 202 as found on page 703 of the Senate Journal, as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall the recommendation of the Governor as to change of style and
form of SB 202 be approved?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al);
Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Tieszen; Vehle
Nays:
Adelstein; Frerichs; Hundstad; Hunhoff (Jean)
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the recommendation of the Governor as to change of style and form
approved.
The Senate proceeded to the reconsideration of HB 1146 pursuant to the veto of the
Governor and the veto message found on page 712 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 1146 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Hansen (Tom); Haverly; Hundstad;
Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell);
Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
Nays:
Cutler; Fryslie; Garnos; Gray; Heineman; Holien; Hunhoff (Jean); Johnston; Peters; Vehle
Sen. Olson moved that the report of the Joint-Select Committee relative to informing his
Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn
sine die as found on page 703 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Olson moved that the report of the Joint-Select Committee relative to fixing the time
of adjournment sine die of the Eighty-sixth Legislative Session as found on page 703 of the
Senate Journal be adopted.
Which motion prevailed.
There being no objection, the Senate reverted to Order of Business No. 4.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 11, 2011, I approved Senate Bills 65 and 152,
and the same have been deposited in the office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 14, 2011, I approved Senate Bills 39, 43, 46,
48, 51, 52, 55, 64, 67, 68, 69, 76, 77, 80, 89, 93, 94, 98, 102, 103, 109, 113, 114, 119, and 120,
and the same have been deposited in the office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 15, 2011, I approved Senate Bills 3, 35, 44,
121, 122, 125, 130, 133, 151, 158, 173, 176, 178, 184, 187, 189, 190, 191, 192, 193, and 194,
and the same have been deposited in the office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 15, 2011, I approved Senate Bill 33, and the
same has been deposited in the office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 17, 2011, I approved Senate Bills 86, 140,
149, and 200, and the same have been deposited in the office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 24, 2011, I approved Senate Bill 196, and the
same has been deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the Governor's veto of SB 57 sustained that veto and delivered the same to his
Excellency, the Secretary of State, for filing at 12:41 p.m., March 28, 2011.
MESSAGES FROM THE HOUSE
MR. PRESIDENT:
I have the honor to inform your honorable body that the House 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.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the
Eighty-sixth Legislative Session.
I have the honor to inform your honorable body that the House has not approved SB 202
as recommended by the Governor, pursuant to Article VI, Section 4 of the State of South
Dakota, for changes as to style and form.
The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of
SB 202, not approved the recommendation and has returned the same to his Excellency, the
Governor, at 1:02 p.m., March 28, 2011.
The following prayer was offered by Rev. Mercy Hobbs:
Gracious Heavenly Father:
We thank You for the many blessings You have given us during the 2011 Legislative
Session: giving us the ability to work hard; providing us with the perseverance to attend
sessions; meetings with our colleagues and constituents. Giving us the wisdom and desire to
seek what Your will is to best serve the people we represent. We pray that all we have done has
been for the honor and glory of You. All this we pray in Your name. Amen
Sen. Olson moved that the Senate do now adjourn sine die, which motion prevailed and
at 1:08 p.m. the Senate adjourned.