The prayer was offered by the Chaplain, Father Mark McCormick, followed by the Pledge
of Allegiance led by Senate page Natasha Schamens.
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.
Kristina Maddocks, Hecla, South Dakota, the 2013 Miss Rodeo South Dakota, was
introduced to the body.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 12, 2013, I approved Senate Bills 1, 44, 60,
61, 62, 71, 80, and 237, 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, 2013, I approved Senate Bills 3, 4, 10,
11, 17, 31, 34, 55, 66, 75, 111, 120, 151, 153, 154, 158, 166, 185, 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 20, 2013, I approved Senate Bills 28, 39, 51,
59, 76, 84, 90, 106, 143, 198, 200, 206, 223, 233, 235, and 236, 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 21, 2013, I approved Senate Bills 5, 15, and
195, 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 21, 2013, I approved Senate Bill 186, and the
same has been deposited in the office of the Secretary of State.
Lt. Governor Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Since 1949, our Department of Agriculture has operated a program to insure the integrity of
fertilizer sales and distribution in our state. For over sixty years, fees collected on fertilizer sales
have been no more than was necessary to cover program costs. This is the definition of a fee
under our laws: an amount collected to offset the administrative costs of a program.
Senate Bill 115 raises the fertilizer fee by fifteen cents - not to offset increased costs of
administering the fertilizer program, but to raise money for the Agricultural Experiment Station.
This is not a fee increase; this is a tax. I oppose this new tax and ask you to sustain my veto.
While I strongly believe that we should not raise or create any taxes while our economy recovers
and stabilizes, the new tax in Senate Bill 115 is particularly objectionable. This tax benefits a
government agency - the Agricultural Experiment Station - that is already receiving an ongoing
increase of more than 10 percent and an increase of 8 new full-time equivalent state employees.
I strongly support the Agricultural Experiment Station (AES) and know the value of agriculture
research. That is why I recommended a $1,000,000 increase in my FY14 budget proposal. You
adopted that recommendation, and added still another $500,000 in one-time additional funding.
The FY14 budget appropriates $10,896,938 in general funds, more than fully restoring the FY12
general fund cuts. Beyond these dollars, federal funds and other funds spending has increased
almost 16 percent over pre-cut levels. The Agricultural Experiment Station is one of the few
programs in state government that has seen its funding restored fully.
I support the Agricultural Experiment Station and am very proud of the fine work they do. I
have recommended an ongoing general fund increase greater than 10 percent. Employee
compensation is increased on top of that. The legislature has already added still another
$500,000 to those dollars. Beyond these general fund increases, AES federal funds and other
funds levels are also much higher today. I hope you will support that funding rather than
support the creation of a new tax, and I respectfully request that you sustain my veto.
Respectfully submitted,
Dennis Daugaard
Governor
The Senate proceeded to the reconsideration of SB 115 pursuant to the veto of the
Governor and the veto message found on page 757 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 115 pass, the veto of the Governor notwithstanding?"
Yeas 22, Nays 13, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston;
Jones; Kirkeby; Krebs; Lucas; Monroe; Olson (Russell); Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Nays:
Brown; Ewing; Holien; Jensen; Lederman; Maher; Novstrup (Al); Omdahl; Otten (Ernie);
Peters; Rampelberg; Rave; Van Gerpen
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost, sustaining the Governor's veto.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Senate has, pursuant
to the Governor's veto of SB 115, sustained that veto and delivered the same to his Excellency,
the Secretary of State, for filing at 12:15 p.m., March 25, 2013.
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
Sen. Olson moved that the report of the Joint-Select Committee relative to fixing the time
of adjournment sine die of the Eighty-eighth Legislative Session as found on page 760 of the
Senate Journal be adopted.
Which motion prevailed.
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-eighth Legislative Session.
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 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.
Think back to January 8, 2013, as you began the 88th Legislative Session.
A number of you are veterans and have been serving in the South Dakota Legislature as
Senators for some time. And some of you were brand-new to this type of leader servant.
What were the trials and the struggle of this session?
What divided you? What brought you together?
What were the moments of joy and laughter?
Do you have any regrets? What were you proud of in this session?
This is my prayer for all of you Senators. Thank you for your time, energy, and sacrifices.
Thank you for your passion and convictions in which you served this 88th session of the South
Dakota Legislature.
Irish Blessing
May the road rise to meet you.
May the wind be at your back.
May the sun shine warm upon your face.
May the rain fall softly on your fields,
until we meet again, may you keep safe in the gentle loving arms of God.
Sen. Olson moved that the Senate do now adjourn sine die, which motion prevailed and
at 12:44 p.m. the Senate adjourned.