The prayer was offered by the Chaplain, The Rev. Seth LaBounty, followed by the Pledge
of Allegiance led by Senate page Tabitha Jensen.
Roll Call: All members present except Sens. Heinert, Nesiba, Peters and Haverly who were
excused.
MR. PRESIDENT:
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.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 9, 2018, I approved Senate Bills 140, 144,
148, 164, 165, and 212, 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 9, 2018, I approved Senate Bill 97, 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 9, 2018, I approved Senate Bill 169, 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 21, 2018, I approved Senate Bills 8, 11, 13,
62, 63, 65, 77, 81, and 204, 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 22, 2018, I approved Senate Bills 68, 98, 100,
128, 155, 156, 173, 178, 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 23, 2018, I approved Senate Bills 7, 46, 91,
125, 137, 146, and 166, and the same have been deposited in the office of the Secretary of State.
Unless there is an objection, the President waives the reading of the veto messages.
The Honorable Matt Michels
President of the Senate
500 East Capital Avenue
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate,
I respectfully return to you Senate Bill 76 with the following recommendation as to STYLE and
FORM.
Senate Bill 76 is An Act to revise certain provisions regarding voter registration. The bill seeks
to require the Department of Tribal Relations to assist the secretary of state, counties, and tribal
governments in complying with the federal Help America Vote Act (HAVA).
I support this bill, but as presented it implies incorrectly that the Department itself is regulated
by HAVA. Because the Department does not administer elections, it cannot be required to
"comply" with HAVA.
In Section 1, on the second line after "tribes", delete "comply" and insert "assist".
With that correction, the bill would read: "The Department of Tribal Relations, in off-election
years, shall in cooperation with the secretary of state, counties, and tribes assist with the Help
America Vote Act and assist with election grants, education, and satellite-voting center locations
on Indian reservations."
This clarification maintains the legislature's intended meaning, and I ask that you concur with
this recommendation as to style and form.
The Honorable Matt Michels
President of the Senate
500 East Capital Avenue
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate,
I respectfully return to you Senate Bill 90 with the following recommendation as to STYLE and
FORM.
Senate Bill 90 is An Act to revise provisions regarding the payment of taxes and fees before
transferring title of mobile homes or manufactured homes. The bill as presented contains a
drafting error in Section 6 of the bill. The following style and form correction to the Enrolled
version of Senate Bill 90 addresses that issue:
In Section 6, on the first line after "sold", delete "and".
This minor change enhances the readability of SB 90 but maintains the legislature's intended
purpose. I ask that you concur with this recommendation as to style and form.
The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, South Dakota 57501
Dear Mr. President and Members of the Senate,
I respectfully return to you Senate Bill 94, with my VETO. Senate Bill 94 is an Act to establish
certain provisions regarding the opportunity scholarship program.
The bill's sponsors seek an alternate path for home-schooled students to receive the Opportunity
Scholarship, outside the currently available mechanism. However, the bill holds home-schooled
students to a lower standard than students who graduate from an accredited South Dakota public
or private high school.
Today all students, including those who are home-schooled, are eligible to receive the
Opportunity Scholarship by receiving a minimum ACT score of 28 or SAT score of 1250.
Another path to receiving the scholarship requires students to complete specific coursework and
achieve a lower ACT score of 24. A required class offered by any accredited high school must
meet minimum standards and the course materials for these classes may be reviewed at any
time.
Under Senate Bill 94, classes completed by home-schooled students would not be subject to the
same requirements because there is no accreditation requirement for home-school courses. To
receive an Opportunity Scholarship, a student would only need to achieve the lower ACT score
and produce a transcript of completed coursework issued by the parent or guardian. No one
would have the ability to review course materials for these home-school classes as is the case
for accredited schools.
I respect the right of parents to home-school their children. However, those students should not
receive an unfair advantage over students who graduate from an accredited high school.
Senate Bill 94 holds home-schooled students to a lower standard to receive the Opportunity
Scholarship, and for that reason I ask that you sustain my veto.
The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 76 as found on page 793 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Jensen (Phil); Kennedy;
Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie);
Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik;
Youngberg
Excused:
Haverly; Heinert; Nesiba; Peters
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 consideration of the recommendation of the Governor as to
change of style and form of SB 90 as found on page 794 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 90 be approved?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Jensen (Phil); Kennedy;
Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie);
Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik;
Youngberg
Excused:
Haverly; Heinert; Nesiba; Peters
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 question being "Shall SB 94 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 21, Nays 10, Excused 4, Absent 0
Yeas:
Bolin; Cammack; Curd; Greenfield (Brock); Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck;
Langer; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Rusch; Russell; Stalzer; Sutton;
Tapio; Youngberg
Nays:
Cronin; Ewing; Frerichs; Maher; Partridge; Soholt; Solano; Tidemann; White; Wiik
Excused:
Haverly; Heinert; Nesiba; Peters
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.
Sen. Sutton moved that the rules be suspended for the sole purpose of introducing, giving
first reading to, dispensing with the committee referral, and placing on today's calendar a Senate
Resolution urging Congress to provide additional funding for the employment of school
resource officers in every South Dakota school.
The question being on Sen. Sutton's motion that the rules be suspended for the sole purpose
of introducing, giving first reading to, dispensing with the committee referral, and placing on
today's calendar a Senate Resolution urging Congress to provide additional funding for the
employment of school resource officers in every South Dakota school.
And the roll being called:
Yeas 14, Nays 17, Excused 4, Absent 0
Yeas:
Cammack; Frerichs; Greenfield (Brock); Jensen (Phil); Kennedy; Killer; Maher; Nelson; Rusch;
Solano; Stalzer; Sutton; Tapio; Youngberg
Excused:
Haverly; Heinert; Nesiba; Peters
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the President declared the motion lost.
Sen. Curd moved that the Senate do now recess until 12:30 p.m., which motion prevailed
and at 11:33 a.m., the Senate recessed.
The Senate reconvened at 12:30 p.m., the President presiding.
There being no objection, the Senate 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 corrections in style and form of
SB 90, 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 12:25 p.m.,
March 26, 2018.
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 76, 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 12:25 p.m.,
March 26th, 2018.
The Committee on Legislative Procedure respectfully reports that the Senate has, pursuant
to the Governor's veto of SB 94, sustained that veto and delivered the same to her Excellency,
the Secretary of State, for filing at 11:53 a.m., March 26, 2018.
I have the honor to inform your honorable body that the House has approved SB 90 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.
I have the honor to inform your honorable body that the House has approved SB 76 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.
I have the honor to inform your honorable body that the House has sustained the veto of
the Governor on HB 1188.
I have the honor to inform your honorable body that the House has sustained the veto of
the Governor on HB 1268.
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.
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
Ninety-third 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 Ninety-third Legislative Session.
Respectfully submitted, Respectfully submitted,
G. Mark Mickelson Brock Greenfield
Lee Qualm R. Blake Curd
Spencer Hawley Billie Sutton
House Committee Senate Committee
Sen. Curd moved that the report of the Joint-Select Committee relative to informing the
Governor that the Legislature has completed its labors and is ready to ascertain if he has any
further communications to make to the Legislature be adopted.
Which motion prevailed.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Ninety-third Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 12:41 p.m., March 26, 2018.
Respectfully submitted, Respectfully submitted,
G. Mark Mickelson Kris Langer
Lee Qualm Bob Ewing
Spencer Hawley Kevin Killer
House Committee Senate Committee
Sen. Curd moved that the report of the Joint-Select Committee relative to fixing the time
to adjourn sine die be adopted.
Which motion prevailed.
The closing prayer was offered by Lt. Governor Matt Michels.
Most Gracious and loving God,
We have tasted Your goodness in days gone by and it has satisfied us,
But now, as our time together comes to an end we turn to You again.
We ask that You would continue to fill us with the breath of life,
And grant us Your guiding Spirit as we return to our homes and communities.
Lord, help us to empty ourselves of those things that hinder us from knowing the fullness
of Your love and fill us with those things that tend to make us all that You want us to be.
We need Your presence, Lord.
We need Your anointing.
Be with us, we pray, and make us unified in service to You and this state.
We ask this in Your holy name. Amen.
Sen. Curd moved that the Senate do now adjourn sine die.
Which motion prevailed, and at 12:41 p.m. the Senate adjourned.