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.

March 17, 2011

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 41^st 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

March 17, 2011

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

MR. PRESIDENT:

    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.

March 18, 2011

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.

MR. PRESIDENT:

    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.

MR. PRESIDENT:

    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.