JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




THIRTY-NINTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 6, 2007

     The House convened at 9:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by House page Katy Duffy.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-eighth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1281 and returns the same with the recommendation that said bill be amended as follows:

1281ak
     On page 4, line 32 of the printed bill, INCREASE operating expenses GENERAL FUNDS $50,000.

Adjust all totals accordingly.

DESCRIPTION: Add $50,000 to the South Dakota Risk Pool.

(BFM)


1281ag
     On page 5, line 31 of the printed bill, INCREASE personal services OTHER FUNDS $61,896.

     On page 5, line 32, INCREASE operating expenses OTHER FUNDS $249,425.

     On page 5, line 35, INCREASE FTEs 2.0.

Adjust all totals accordingly.

DESCRIPTION: This amendment is necessary due to SB 165, which is an Act to repeal and reestablish provisions to regulate mortgage lenders and brokers.

(BFM)


1281ac
     On page 10, line 10 of the printed bill, DECREASE personal services OTHER FUNDS $450,000.

     On page 10, line 14, DECREASE FTEs 10.0.

Adjust all totals accordingly.

DESCRIPTION: Reduce other funds in personal services and 10.0 FTE in the Division of Wildlife budget.



1281uf
     On page 12, line 10 of the printed bill, DECREASE personal services OTHER FUNDS $51,136.

     On page 12, line 14, DECREASE FTEs 1.0.

     On page 21, line 31, DECREASE personal services OTHER FUNDS $361,386.

     On page 21, line 32, DECREASE operating expenses GENERAL FUNDS $96,151 and DECREASE operating expenses OTHER FUNDS $182,716.

     On page 21, line 35, DECREASE FTEs 9.0.

     On page 22, line 53, DECREASE personal services GENERAL FUNDS $218,320.

     On page 22, line 54, DECREASE operating expenses GENERAL FUNDS $201,804 and DECREASE operating expenses OTHER FUNDS $640,000.

     On page 22, line 57, DECREASE FTEs 5.0.

     On page 24, line 3, DECREASE personal services GENERAL FUNDS $55,246.

     On page 24, line 4, DECREASE operating expenses GENERAL FUNDS $20,119.

     On page 24, line 7, DECREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: This reduction is due to the passage of HB 1246 - Creating a special appropriation for the IMT Program in FY08.


1281ae
     On page 15, line 39 of the printed bill, DECREASE personal services OTHER FUNDS $630,000.

Adjust all totals accordingly.

DESCRIPTION: Reduce other funds in personal services by $630,000 as a result of the FY08 recommended reduction in 21.0 FTE.



1281mq
     On page 16, line 12 of the printed bill, INCREASE operating expenses GENERAL FUNDS $9,000,000.

Adjust all totals accordingly.

DESCRIPTION: Due to the passage of HB 1140, $9M in additional property tax relief will be provided through the state aid formula.

(BFM)


1281mp
     On page 16, line 40 of the printed bill, DECREASE operating expenses GENERAL FUNDS $4,000,000.

Adjust all totals accordingly.

DESCRIPTION: Due to the failure of HB 1291, funding for the Governor's Teacher Compensation Assistance Program is no longer needed.

(BFM)


1281mu
     On page 16, line 54 of the printed bill, DECREASE operating expenses GENERAL FUNDS $1,000,000.

Adjust all totals accordingly.

DESCRIPTION: Removed funding for career and technical education grants.

(BFM)


1281ad
     On page 18, line 4 of the printed bill, DECREASE operating expenses FEDERAL FUNDS $300,000.

Adjust all totals accordingly.

DESCRIPTION: Reduce $300,000 of federal fund expenditure in the Inspection and Licensing Division for the Real ID Act.



1281ml
     On page 18, line 26 of the printed bill, INCREASE operating expenses GENERAL FUNDS $265,740.

Adjust all totals accordingly.

DESCRIPTION: Due to the passage of HB 1101, general funds are needed in the BOR central office to make the payment for the Critical M&R Bond. This is the estimated FY08 payment as per the South Dakota Building Authority.

(BFM)


1281mm
     On page 18, line 26 of the printed bill, INCREASE operating expenses OTHER FUNDS $8,000,000.

Adjust all totals accordingly.

DESCRIPTION: Funding for the Northern Tier Network Consortium.

(BFM)


1281mk
     On page 20, line 26 of the printed bill, INCREASE operating expenses GENERAL FUNDS $5,000.

Adjust all totals accordingly.

DESCRIPTION: Provide additional funds for the Civil Air Patrol in the Department of Military and Veterans' Affairs.


1281mr
     On page 20, line 40 of the printed bill, INCREASE operating expenses GENERAL FUNDS $18,794 and INCREASE operating expenses OTHER FUNDS $50,813.

Adjust all totals accordingly.

DESCRIPTION: This increase is for utilities at the State Veterans' Home. It is what the department originally requested. At the time the Governor's recommended budget was put together the Biomass project was going to be finished by the heating season of FY2008. The project will not be done until FY2009 and this money is needed for heating costs.

(BFM)



1281mo
     On page 21, line 46 of the printed bill, INCREASE operating expenses GENERAL FUNDS $263,356 and INCREASE operating expenses FEDERAL FUNDS $307,987.

Adjust all totals accordingly.

DESCRIPTION: During the budget process it was determined that during session a bill would be presented to change the law so the Secretary of DOC could release individuals at age 19 as opposed to 21 (HB 1058). Since that time the Administration has looked at the individuals we are talking about and would like to restrict this language a bit and allow the Secretary of DOC to retain those individuals that would not be suitable for release even though they meet the age threshold.

(BFM)


1281mn
     On page 22, line 11 of the printed bill, INCREASE operating expenses OTHER FUNDS $1,662,572.

Adjust all totals accordingly.

DESCRIPTION: This amendment is needed due to the biomass project that the Office of the State Engineer is overseeing at the State Treatment and Rehabilitation Academy.

(BFM)


1281ue
     On page 23, line 53 of the printed bill, INCREASE operating expenses OTHER FUNDS $2,611,400.

Adjust all totals accordingly.

DESCRIPTION: This amendment is needed due to the energy de-centralization project that the Office of the State Engineer is overseeing at the Human Services Center.

(BFM)


1281ah
     On page 25, line 18 of the printed bill, DECREASE personal services GENERAL FUNDS $142,975.

     On page 25, line 19, DECREASE operating expenses GENERAL FUNDS $69,218.

     On page 25, line 22, DECREASE FTEs 3.0.

Adjust all totals accordingly.

DESCRIPTION: This amendment is needed due to the passage of HB 1271. This bill creates a special appropriation for the UJS Drug Court, thus the funding isn't needed in the general bill as well.


1281vc
     On page 25, line 33 of the printed bill, INCREASE GENERAL FUNDS $32,000.

Adjust all totals accordingly.

DESCRIPTION: Restore personal services which was reduced by BFM.


1281vb
     On page 25, line 45 of the printed bill, INCREASE operating expenses GENERAL FUNDS $10,330.

Adjust all totals accordingly.

DESCRIPTION: Restore operating expenses to Legislative Audit which were removed by BFM.


1281ai
     On page 26, line 11 of the printed bill, INCREASE personal services OTHER FUNDS $27,288.

     On page 26, line 18, INCREASE personal services OTHER FUNDS $57,160.

     On page 26, line 19, INCREASE operating expenses OTHER FUNDS $91,395.

     On page 26, line 22, INCREASE FTEs 1.0

     On page 26, line 26, INCREASE operating expenses OTHER FUNDS $5,250.

Adjust all totals accordingly.

DESCRIPTION: This amendment is requested due to the passage of HB1069. The Governor's FY08 budget recommendation did not include the above expenses due to the funding source not being adequate. Due to the passage of HB 1069, there is now adequate funding available.

(BFM)



1281mc
     On page 26, line 47 of the printed bill, DECREASE personal services GENERAL FUNDS $7,000.

Adjust all totals accordingly.

DESCRIPTION: Decrease the personal services budget within School and Public Lands due to a projected surplus.


1281ms
     On page 26, between lines 52 and 53 of the printed bill, insert:

"(2) Administration of School and Public Lands_Informational
        Personal Services        $0        $0        $0        $0
        Operating Expenses    $0        $0        $0        $0

        Total                $0        $0        $0        $0
        F.T.E.                                         0.0"

Adjust all totals accordingly.

DESCRIPTION: This amendment is necessary due to the passage of HB 1251. The bill creates a continuously appropriated informational budget within School and Public Lands.

(BFM)


1281ug
     On page 28, between lines 27 and 28 of the printed bill, insert:

"
     Section 31. The state treasurer shall transfer to the state general fund the monies from the health care tobacco tax fund collected pursuant to §  10-50-52 for the Department of Social Services - medical services.".

DESCRIPTION: This is the transfer to the general fund from the health care tobacco tax fund for health care enhancement.

(BFM)


1281af
     On page 29, after line 8 of the printed bill, insert:

"
     Section 35. The state treasurer shall transfer to the state general fund four million eight thousand one hundred thirty two dollars ($4,008,132) from the budgetary accounting fund."



DESCRIPTION: This is a one time transfer from the budgetary accounting fund to the general fund.

(BFM)


     And that as so amended said bill do pass.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Rhoden moved that the report of the Standing Committee on

     Appropriations on HB 1281 as found on pages 836 to 843 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1281:   FOR AN ACT 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.

     Was read the second time.

     The question being “Shall HB 1281 pass as amended?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.



     There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 10:00 a.m. Monday, March 26th, the 40th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1281 which has passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1084, 1176, and 1281 and finds the same correctly enrolled.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1084: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district.


     HB 1176: FOR AN ACT ENTITLED, An Act to  allow for grants from the revolving economic development and initiative fund, to revise certain provisions concerning the making of grants and loans from the revolving economic development and initiative fund, and to repeal the capital investment entity program, the value-added tourism subfund and the entrepreneur support program.

     HB 1281: FOR AN ACT 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.

     And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1084, 1171, 1176, and 1281 were delivered to his Excellency, the Governor, for his approval at 10:24 a.m., March 6, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 10:25 a.m. the House adjourned.

Karen Gerdes, Chief Clerk