The prayer was offered by the Chaplain, Pastor Karl Kroger, followed by the Pledge of
Allegiance led by House page Leah Gosch.
Roll Call: All members present except Reps. Killer, Otten, Schrempp, and Wismer 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-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.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 11, 2013, I approved House Bill 1050, and the
same has been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 12, 2013, I approved House Bills 1048, 1049,
1056, 1058, 1059, 1062, 1083, 1093, 1102, 1103, 1110, 1112, 1115, 1116, 1120, 1150, 1162,
1170, 1174, 1187, 1191, 1209, and 1217, and the same have been deposited in the office of the
Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 14, 2013, I approved House Bills 1018, 1061,
1075, 1124, 1126, 1144, 1149, 1152, 1163, 1167, 1208, and 1246, and the same have been
deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 20, 2013, I approved House Bills 1030, 1033,
1045, 1123, and 1198, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 21, 2013, I approved House Bills 1060, 1068,
1085, 1096, 1098, 1122, 1130, 1164, 1165, 1168, 1171, 1184, 1212, 1220, 1233, and 1234, and
the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Honorable Brian Gosch
Speaker of the House of Representatives
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. Speaker and Members of the House of Representatives:
I respectfully return House Bill 1137 and pursuant to Article IV, Section 4 of the South Dakota
Constitution, I exercise a LINE ITEM VETO on the same.
House Bill 1137 is entitled, "An Act to impact education in South Dakota, to make an
appropriation therefor, and to declare an emergency."
I am exercising a line item veto to remove two sentences. The first sentence appears in Section
1, which deals with funding for the technical institutes: "The Secretary of Education shall
distribute this funding based on actual full time student enrollment in fiscal year 2012."
The second sentence is in Section 2, which deals with funding for K-12 schools: "The Secretary
of Education shall distribute this funding based on actual fall student enrollment in fiscal year
2012."
For the technical institutes, the language in the bill is inconsistent with the technical institute
funding formula, which is established in administrative rule 24:10:42:28 and which would use
more recent data. For K-12 schools, more recent data is also available - the actual student F.T.E
for FY2013, or the 2012-13 school year. These approaches to allocating funds would more
closely align distribution of these funds with current enrollments.
The Legislature can use a letter of intent to clarify its intention to distribute the technical
institute funding according to the funding formula, and the K-12 funding according to the
FY2013 actual student F.T.E. It is my intention to instruct that these funds be distributed
according to the letter of intent.
I respectfully request that you concur with my LINE ITEM VETO of House Bill 1137.
Sincerely,
Dennis Daugaard
Governor
The Honorable Brian Gosch
Speaker of the House of Representatives
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. Speaker and Members of the House of Representatives:
I respectfully return House Bill 1185 and pursuant to Article IV, Section 4 of the South Dakota
Constitution, I exercise a LINE ITEM VETO on the same.
House Bill 1185 is entitled, "An Act to appropriate money for the ordinary expenses of the
legislative, judicial, and executive departments of the state, the expenses of state institutions,
interest on the public debt, and for common schools."
I am exercising a line item veto within Section 12, subsection (8A) to remove the following
sentence from Page 17 of the enrolled bill: "The moneys appropriated by this subsection shall
be distributed on a one-time basis to the technical institutes based on FY2012 actual student
F.T.E."
I have no objection to the Legislature's intention to distribute these funds to the technical institutes. However, I believe this sentence is in error because it relies on old enrollment data from FY2012, which equates to data from the 2011-12 school year. That is inconsistent with
the technical institute funding formula, which is established in administrative rule 24:10:42:28
and which would use more recent data.
The Legislature can clarify its intention to distribute these funds according to the technical
institute funding formula through a letter of intent, and it is my intention to instruct that these
funds be distributed according to the letter of intent.
I respectfully request that you concur with my LINE ITEM VETO of House Bill 1185.
Sincerely,
Dennis Daugaard
Governor
Rep. Lust moved that the House do now recess until 10:50 a.m., which motion prevailed
and at 10:33 a.m., the House recessed.
The House reconvened at 10:50 a.m., the Speaker presiding.
The House proceeded to the reconsideration of HB 1137 pursuant to the line item veto of
the Governor and the veto message found on page 843 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 1137 pass, the line item veto of the Governor
notwithstanding?"
And the roll being called:
Yeas 1, Nays 65, Excused 4, Absent 0
Yeas:
Greenfield
Excused:
Killer; Otten (Herman); Schrempp; Wismer
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the Governor's veto sustained.
The House proceeded to the reconsideration of HB 1185 pursuant to the line item veto of
the Governor and the veto message found on page 844 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 1185 pass, the line item veto of the Governor
notwithstanding?"
And the roll being called:
Yeas 1, Nays 65, Excused 4, Absent 0
Yeas:
Greenfield
Nays:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hansen;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns;
Kaiser; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman;
Nelson; Novstrup (David); Olson (Betty); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steele;
Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch
Excused:
Killer; Otten (Herman); Schrempp; Wismer
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the Governor's veto sustained.
I have the honor to inform your honorable body that the Senate has sustained the veto of
the Governor on SB 115.
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 waiting upon 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 relative to fixing the time of adjournment sine die for the Eighty-eighth Legislative Session.
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-eighth Legislative Session.
Respectfully submitted, Respectfully submitted,
Brian Gosch Russell Olson
David Lust Tim Rave
Bernie Hunhoff Jason Frerichs
House Committee Senate Committee
Which motion prevailed.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Eighty-eighth Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 12:44 p.m., March 25, 2013.
Respectfully submitted, Respectfully submitted,
Brian Gosch Dan Lederman
David Lust Deb Peters
Bernie Hunhoff Billie Sutton
House Committee Senate Committee
Rep. Lust moved that the report of the Joint-Select Committee relative to fixing the time
to adjourn sine die be adopted.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the recommendation of the Governor as to line item veto of HB 1137,
sustained that line item veto and delivered the same to his Excellency, the Governor at
12:15 p.m., March 25, 2013.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the recommendation of the Governor as to line item veto of HB 1185,
sustained that line item veto and delivered the same to his Excellency, the Governor at
12:15 p.m., March 25, 2013.
Almighty God, You are faithful and just, full of grace and truth. We give You praise for
Your mighty deeds done throughout history, and for the acts You prepared this legislative body
for, and worked through them to accomplish. May the evidence of these leader's commitment
to the people of this state _ endure beyond their terms here. May their concern for the vulnerable
and broken-hearted _ be their legacy. May their mutual respect for one another _ give rise to a
leading model of legislating and dialogue in the public square. May their compassion for
families dreaming of and working toward a better life for their children _ inspire others to
improve their communities. God, may You bless these public servants: bless them with safe
travel, peace filled homes, and fruitful ministry. Bless them with challenging convictions from
Your Spirit, and bless them to love, serve, and give _ as You have done for us. By the power
of Your victory over sin and death, and through the majesty of Your Holy Name _ these things
I pray. Amen.
Rep. Steele moved that the House do now adjourn sine die, which motion prevailed and
at 12:44 p.m. the House adjourned.