The prayer was offered by the Chaplain, Rev. Rolly Kemink, followed by the Pledge of
Allegiance led by Senate page Emily Ketteler.
Roll Call: All members present except Sens. Adelstein and Kraus who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-second 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. President and Members of the Senate:
I have the honor to inform you that on March 12, 2012, I approved Senate Bills 123, 148,
149, 169, 183, and 187, 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 16, 2012, I approved Senate Bills 25, 43, 49,
75, 80, 99, 101, 106, 130, 139, 145, 158, 161, 162, 189, and 197, 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 16, 2012, I approved Senate Bills 10, 72, 91,
and 146, and the same have been deposited in the office of the Secretary of State.
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 Senate Bill 194 with the following recommendations as to STYLE and FORM.
Section 7 amended the maximum multi-member household income in two places to "thirteen
thousand two seven hundred fifty dollars." The first is found on page 4, line 17 and the second
is on page 4, line 20 of the Senate Bill.
The bill failed to make that same change in a third place. On page 4, lines 18-19 of the Senate
Bill, the maximum household income is described as "thirteen thousand two hundred fifty
dollars."
This problem can be solved by making the following style and form correction to the Senate Bill
as follows: On page 4, line 19, delete "two" and in its place insert "seven."
I respectfully request you concur with my recommendations as to style and form.
Respectfully submitted,
Dennis Daugaard
Governor
cc: The Honorable Val Rausch
The Honorable Jason Gant
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 157 with my VETO.
House Bill 157 is entitled, "An Act to revise certain provisions relating to outdoor advertising
signs."
This bill arises from the current dispute over an initiated ordinance passed by Rapid City voters
to regulate billboards in the city. After voters approved the measure, Lamar Advertising sued
the city arguing that the ordinance was illegal. The city of Rapid City has defended the validity
of its ordinance, asserting its authority to regulate outdoor advertising.
The Lamar Advertising litigation, which is currently pending in federal court, may turn upon the court's interpretation of South Dakota law on local regulation of billboards. Proponents of
Senate Bill 157 have argued that this bill would clarify existing law. The city argues Senate Bill
157 unnecessarily invades the local regulatory sphere.
It is inappropriate to pass a bill that would have such a direct impact on the outcome of pending
litigation in an isolated local matter. Passing this bill will effectively decide the lawsuit in favor
of one side before either side is heard in court.
I am also concerned about passing this statute so soon after Rapid City voters clearly expressed
their view of digital billboards, passing the initiated ordinance with 66.1 percent of the vote in
June of 2011.
There are valid arguments to be made on both sides of this dispute. The parties should be given
an equal opportunity to argue their positions before a judge and jury. I am open to discussing
how the state can improve its outdoor advertising laws, but in this unique instance, I believe this
local and isolated instance should be resolved in the court of competent jurisdiction. Before we
seek to change this law, we should understand the meaning of the current law.
It is for these reasons that I respectfully request you sustain my veto of Senate Bill 157.
Respectfully submitted,
Dennis Daugaard
Governor
The President introduced the Honorable Dennis Daugaard, Governor of the State of South
Dakota. Senator Russell Olson addressed the body honoring Governor Daugaard for his
leadership as President of the Senate from 2003 through 2010. The portrait of the former
President of the Senate was dedicated with an unveiling by Senator Jason Frerichs.
The Governor expressed his appreciation to the Senate members.
I have the honor to inform your honorable body that the House has approved HB 1058 as
recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the
State of South Dakota, as to the Line Item veto. The recommendation of the Governor is found
on page 735 of the House Journal
The President introduced Snow Queen representatives from Aberdeen, Miss Alexandra
Mattern, Miss Aberdeen 2012, and Miss Erika Carrells, Junior Miss Aberdeen, 2012. The
President also introduced the 2012 Miss Teen Great Plains from Mitchell, Alaina Bertsch.
The Senate proceeded to the consideration of the recommendation of the Governor as to
change of style and form of SB 194 as found on page 672 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 194 be approved?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Kraus
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.
Sen. Olson moved that the Senate do now recess until 11:30 a.m., which motion prevailed
and at 10:30 a.m., the Senate recessed.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Eighty-seventh Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 1:55 p.m., March 19, 2012.
Respectfully submitted, Respectfully submitted,
Val Rausch Craig Tieszen
David Lust Shantel Krebs
Bernie Hunhoff James Hundstad
House Committee Senate Committee
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-seventh Legislative Session.
Respectfully submitted, Respectfully submitted,
Val Rausch Russell Olson
David Lust Corey Brown
Bernie Hunhoff Jason Frerichs
House Committee Senate Committee
The Senate proceeded to the reconsideration of SB 157 pursuant to the veto of the
Governor and the veto message found on page 673 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 157 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas:
Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Holien;
Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Novstrup (Al); Nygaard; Olson
(Russell); Peters; Putnam; Rave; Schlekeway; Sutton; Tidemann; Vehle
Nays:
Bradford; Haverly; Juhnke; Nelson (Tom); Rampelberg; Rhoden; Tieszen
Excused:
Adelstein; Kraus
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed, the veto of the Governor notwithstanding.
The Senate proceeded to the reconsideration of HB 1058 pursuant to the line item veto of
the Governor and the veto message found on page 735 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 1058 pass, the line item veto of the Governor
notwithstanding?"
And the roll being called:
Yeas 28, Nays 4, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Holien; Hundstad; Hunhoff (Jean); Juhnke; Krebs; Maher; Nelson (Tom); Novstrup (Al);
Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Vehle
Nays:
Heineman; Johnston; Peters; Tieszen
Excused:
Adelstein; Kraus; Lederman
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed, sustaining the Governor's veto.
Sen. Brown moved that the Senate do now reconsider the vote by which HB 1058 passed.
The question being on Sen. Brown's motion to reconsider the vote by which HB 1058
passed.
And the roll being called:
Yeas 30, Nays 0, Excused 5, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly; Heineman;
Holien; Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Gray; Juhnke; Kraus; Nygaard
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1058 was up for reconsideration and final
passage.
The Senate proceeded to the reconsideration of HB 1058 pursuant to the line item veto of
the Governor and the veto message found on page 735 of the House 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 the line item veto of
HB 1058 be approved?"
And the roll being called:
Yeas 28, Nays 4, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Holien; Hundstad; Hunhoff (Jean); Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al);
Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Vehle
Nays:
Heineman; Johnston; Peters; Tieszen
So the question having received an affirmative vote of a majority of the members-elect the
President declared the recommendation of the Governor approved.
Sen. Tidemann moved that the rules be suspended for the sole purpose of introducing
Senate Commemoration 29.
The question being on Sen. Tidemann's motion that the rules be suspended for the sole
purpose of introducing Senate Commemoration 29.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Maher
Excused:
Adelstein; Juhnke; Kraus
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.
I have the honor to inform your honorable body that the House has approved SB 194 as
recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the
State of South Dakota, for changes as to style and form.
Sen. Olson moved that the report of the Joint-Select Committee relative to informing his
Excellency, the Governor, that the Legislature has complete its labors and is ready to adjourn
sine die as found on page 676 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-seventh Legislative Session as found on page 676 of the
Senate Journal be adopted.
Which motion prevailed.
Senator Russell Olson acknowledged Senators Bob Gray, Tom Hansen, Jeffrey Haverly,
Jim Hundstad, and Eldon Nygaard for their service in the Senate.
Each of the Senators, who are completing their final term in the Senate, addressed the
body.
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 194, approved the recommendation and that the Office of Enrolling and Engrossing has
engrossed the changes and has returned the same to his Excellency, the Governor, at 1:25 p.m.,
March 19, 2012.
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-seventh Legislative Session.
I have the honor to inform your honorable body that the House has sustained the veto of
the Governor on SB 157.
SC 29 Introduced by: Senators Tidemann, Begalka, Bradford, Brown, Buhl, Cutler,
Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean),
Johnston, Juhnke, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson
(Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tieszen, and Vehle
and Representatives Munsterman, Abdallah, Blake, Bolin, Brunner, Carson, Conzet, Cronin,
Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Haggar, Hansen (Jon),
Hawley, Hickey, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Jones, Killer, Kirkeby, Kirschman,
Kloucek, Kopp, Liss, Magstadt, Miller, Moser, Novstrup (David), Olson (Betty), Perry, Rausch,
Romkema, Schaefer, Schrempp, Scott, Sigdestad, Sly, Solum, Street, Stricherz, Tulson,
Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, and Wink
The following prayer was offered by the President:
O Lord Our God, teach us to ask for the right blessings. Guide the vessel of our life toward
Yourself, the tranquil haven of all storm-tossed souls. Show us the course we should take.
Renew a willing spirit within us. Let Your Spirit curb our wayward senses and guide and enable
us to our true good, to keep Your laws and in all our deeds always to rejoice in Your glorious
and gladdening presence. For Yours is the glory and praise of all Your saints for ever and ever.
Amen.
Sen. Olson moved that the Senate do now adjourn sine die, which motion prevailed and
at 1:55 p.m. the Senate adjourned.