The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge
of Allegiance led by Senate page Brittani Beckman.
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-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.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the Governor's veto of SB 169, sustained that veto and delivered the same to
his Excellency, the Secretary of State, for filing at 2:20 p.m., March 29, 2010.
MR. PRESIDENT:
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-fifth Legislative Session.
Respectfully submitted, Respectfully submitted,
Tim Rave Dave Knudson
Bob Faehn Tom Dempster
Bernie Hunhoff Scott Heidepriem
House Committee Senate Committee
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Eighty-fifth Legislative Session respectfully reports that the Senate and House of
Representatives adjourn sine die at the hour of 11:05 p.m., March 30, 2010.
Respectfully submitted, Respectfully submitted,
Tim Rave Dave Knudson
Bob Faehn Thomas Dempster
Bernie Hunhoff Scott Heidepriem
House Committee Senate Committee
I have the honor to inform your honorable body that the House has sustained the veto of
the Governor on SB 121.
I have the honor to inform your honorable body that the House has passed SB 102, the
Governor's veto notwithstanding.
Sen. Knudson moved that the Senate do now recess until 7:00 p.m., which motion
prevailed and at 1:43 p.m., the Senate recessed.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the Governor's veto of SB 102, overridden that veto and delivered the same
to his Excellency, the Secretary of State, for filing at 1:55 p.m., March 30, 2010.
Sen. Knudson moved that the Senate do now recess until 9:00 p.m., which motion
prevailed and at 7:01 p.m., the Senate recessed.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 196 and returns the same with the recommendation that said bill be amended as follows:
Adjust all totals accordingly.
"Section 35. The state treasurer shall transfer to the South Dakota Science and Technology
Authority one million five hundred thousand dollars ($1,500,000) from the state aeronautics
fund established in § 50-4-8.
Section 36. The state treasurer shall transfer to the South Dakota Science and Technology
Authority one million dollars ($1,000,000) from the tax relief fund established in § 10-45C-14.
Section 37. The state treasurer shall transfer to the South Dakota Science and Technology
Authority two million dollars ($2,000,000) from the petroleum release compensation fund
established in § 34A-13-18.
Section 38. The state treasurer shall transfer to the South Dakota Science and Technology
Authority four hundred thousand dollars ($400,000) from the private activity bond fees fund
established in § 1-7-10.
Section 39. The state treasurer shall transfer to the South Dakota Science and Technology
Authority five hundred thousand dollars ($500,000) from the telecommunications fund for the
deaf and the telecommunications fund for other disabilities established in § 49-31-50."
DESCRIPTION: Department of Tourism and State Development - This amendment transfers
$1.5 million from the state aeronautics fund, $1.0 million from the tax relief fund, $2.0 million
from the petroleum release compensation fund, $400,000 from the private activity bond fee
fund, and $500,000 from the telecommunications fund for the deaf and the telecommunications
fund for other disabilities to the South Dakota Science and Technology Authority -
Informational for operational costs related to the Sanford Lab at Homestake. This amendment
also adds the corresponding $5.4 million in other fund expenditure authority to the South
Dakota Science and Technology Authority - Informational.
Adjust all totals accordingly.
DESCRIPTION: Department of Social Services - The Department is receiving an additional
$6.5 million from the American Recovery and Reinvestment Act of 2009 which is offsetting
part of the Medicare Part D Clawback payment.
Adjust all totals accordingly.
DESCRIPTION: Department of Health - The Department received a Helmsley Foundation
Grant in February, so additional other fund expenditure authority is needed to passthrough the
funds to hospitals.
(BFM 5)
Adjust all totals accordingly.
DESCRIPTION: Department of Social Services and Department of Human Services - This
amendment shifts half of the necessary federal fund expenditure authority budgeted for the
Children's Care Hospital and School (CCHS) from the Department of Social Services to the
Department of Human Services. Effective January 1, 2011, DHS will be reimbursing CCHS for
services provided to children with developmental disabilities rather than DSS.
Adjust all totals accordingly.
DESCRIPTION: Department of Labor - The Unemployment Insurance Advisory Council per
diem should be $60, not $75.
Adjust all totals accordingly.
DESCRIPTION: Bureau of Finance and Management - This amendment adds stimulus authority
so that the state may fully utilize energy grant money as a result of the American Recovery and
Reinvestment Act of 2009.
Adjust all totals accordingly.
DESCRIPTION: Department of Tourism and State Development - This amendment adds
stimulus authority in order to distribute all American Recovery and Reinvestment Act Energy
Efficiency Community Block Grants (EECBG).
Adjust all totals accordingly.
DESCRIPTION: Department of Transportation - This stimulus funding is for reconstruction of a 15.6 mile stretch of road on U.S. Highway 18 from Oglala to Pine Ridge. This funding is referred to as a TIGER grant, (Transportation Investment Generating Economic Revenue) stimulus funding.
Adjust all totals accordingly
Description: Board of Regents - Per the passage of HB1052, 750.3 FTE can be reduced
throughout the Board of Regents based on FY2009 utilization.
Adjust all totals accordingly.
DESCRIPTION: Department of Agriculture - Oilseeds Council - Due to the passage of HB1120,
checkoff fee increased from three cents to four cents. It is anticipated this increase will raise
$75,000 in new revenue.
DESCRIPTION: Department of Education - This is the total general fund cost of the additional
students as well as making the Cutler Gabriel adjustment to the levies.
Adjust all totals accordingly.
DESCRIPTION: Board of Regents - This amendment provides expenditure authority for
donations and federal matching funds to support the student financial aid programs for low
income students pursuant to Leveraging Educational Assistance State Partnership Program
(LEAP).
Adjust all totals accordingly.
DESCRIPTION: Office of the Attorney General - This amendment adds federal fund authority
and 5.0 FTE to the Division of Criminal Investigation for grants related to Sexual Predators,
Victim Witness and FBI lab programs. This amendment also adds 5.5 F.T.E. to Legal Services
and 1 F.T.E. to Division of Criminal Investigation for the stimulus packages for Byrne/JAG and
ICAC funding.
Adjust all totals accordingly.
Adjust all totals accordingly.
Description: Governor's Office and the Board of Regents - Central Office - eliminate funding
for the membership dues to the Midwest Higher Education Consortium (MHEC) and the
Western Interstate Commission for Higher Education (WICHE). (Governor's Office - $95,000;
BOR $105,000 = total reduction $200,000)
Replaces 196mj
Adjust all totals accordingly.
DESCRIPTION: Reduce the State Fair's general fund appropriation by $100,000.
Adjust all totals accordingly.
"Section 28. The state treasurer shall transfer to the state general fund one million five
hundred thousand dollars ($1,500,000), from the tobacco prevention and reduction trust fund.".
DESCRIPTION: Reduce tobacco prevention.
Description: Department of Education - Technology in Schools - decrease funding for the
Digital Dakota Network (DDN) portion of the K-12 Technology in Schools program.
Adjust all totals accordingly.
Description: Department of Education - Education Service Agencies - eliminate all state
funding for the Education Service Agencies (ESAs).
Adjust all totals accordingly.
Description: Board of Regents - Central Office - eliminate funding for the Tech Fellows
Program.
Adjust all totals accordingly.
Description: Board of Regents - Central Office - reduce funding for the Electronic University
Consortium
Adjust all totals accordingly.
Description: Board of Regents - SDSU Cooperative Extension Service - decrease the general
fund appropriation for the Cooperative Extension Service.
Adjust all totals accordingly.
Description: Board of Regents - SDSU Agriculture Experiment Station - decrease the general
fund appropriation for the Ag. Experiment Station.
DESCRIPTION:
Board of Regents - Eliminate the proposed increase for the new Physics PhD program.
TOTAL - General Funds $970,000 and 17.0 FTEs
Adjust all totals accordingly.
DESCRIPTION: Reduce general fund appropriation for legislative travel.
DESCRIPTION: Department of Social Services - The Medicaid program is experiencing a
smaller caseload in FY2010 than it had previously projected four months ago. This amendment
adjusts the budget to incorporate the latest Medicaid cost projections.
Adjust all totals accordingly.
DESCRIPTION: Department of Education - Due to the passage of HB1248 regarding increasing
enrollment as well as the realignment of the state aid to education budget for FY2010, the
general funds may be reduced. The reduction for HB1248 is $1,100,627 and the reduction due
to the right sizing of the state aid budget for FY2010 is $2,000,000 based on the estimated
amount that can be carried forward to FY2011.
Adjust all totals accordingly.
DESCRIPTION: Postsecondary Vocational Education - This amendment reduces the general
fund FY2011 increase to the postsecondary technical institutions by 50%, or $1,348,402.
Adjust all totals accordingly.
DESCRIPTION: Board of Regents - This cuts $4,295,686 in general funds from the Board of
Regents.
Adjust all totals accordingly.
DESCRIPTION: Department of Human Services - This amendment decreases general funds for
the Human Services Center dietary bond payment (SB27) for FY2011. The Governor's
recommended budget includes $394,000 in general funds to make the annual bond payment,
which is net of a 35% interest refund on Build America Bonds. Since the Governor's budget
recommendation was made, the Department of Human Services has been able to secure a 45%
interest refund through Recovery Zone Bond authority.
The FY2011 payment will be $155,628 as only interest has to be paid. In FY2012, the full
payment will be $447,405. This will still have a $0 net impact to the general fund.
Adjust all totals accordingly.
DESCRIPTION: Unified Judicial System - This amendment eliminates the increase for the
Meade County Courthouse capital outlay and various operating expenses throughout the Unified
Judicial System.
Adjust all totals accordingly.
Adjust all totals accordingly.
DESCRIPTION: Secretary of State - The Secretary of State office projects that they will not
need this amount of general funds for computer services payments to the Bureau of Information
and Telecommunications.
"Section 35. Notwithstanding the provisions of § 10-45C-14, the state treasurer shall
transfer to the state general fund one million seventeen thousand nine hundred seventy-nine
dollars ($1,017,979), or so much thereof as may be necessary, from the tax relief fund created
pursuant to § 10-45C-14.
Section 36. The state treasurer shall transfer to the state general fund one million dollars
($1,000,000), or so much thereof as may be necessary, from the petroleum release compensation
fund.
Section 37. The state treasurer shall transfer to the state general fund six hundred
ninety-eight thousand three hundred thirty-one dollars ($698,331), or so much thereof as may
be necessary, from the private activity bond fees fund.
Section 38. The state treasurer shall transfer to the state general fund six hundred fifty
thousand dollars ($650,000), or so much thereof as may be necessary, from the Department of
Corrections local and endowment funds.
Section 39. The state treasurer shall transfer to the state general fund three hundred ten
thousand four hundred eighty-seven dollars ($310,487), or so much thereof as may be necessary,
from the budgetary accounting fund."
Adjust all totals accordingly.
DESCRIPTION: This transfers various amounts from various funds to the general fund totaling
$3,676,797 in FY2011 to help balance the budget.
Sen. Knudson moved that the report of the Standing Committee on
Appropriations on SB 196 as found on page 694 of the Senate Journal be adopted.
Which motion prevailed.
SB 196: 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 SB 196 pass as amended?"
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly;
Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt;
Tieszen; Vehle
Nays:
Ahlers; Bradford; Gillespie; Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek;
Merchant; Miles; Nesselhuf; Peterson; Turbak Berry
Excused:
Bartling
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Knudson moved that the report of the Joint-Select Committee relative to fixing the
time of adjournment sine die of the Eighty-fifth Legislative Session as found on page 692 of the
Senate Journal be adopted.
Which motion prevailed.
Sen. Knudson moved that the report of the Joint-Select committee relative to informing his
Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn
sine die as found on page 692 of the Senate Journal be adopted.
Which motion prevailed.
I have the honor to return herewith SB 196 which has passed the House without change.
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.
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-fifth Legislative Session.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 196 and finds the same correctly enrolled.
The President publicly read the title to
SB 196: 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 Senate.
The Committee on Legislative Procedure respectfully reports that SB 196 was delivered
to his Excellency, the Governor, for his approval at 11:04 p.m., March 30, 2010.
The following prayer was offered by Pastor Don Block:
Gracious Lord, we give You thanks for this body of senators and for the work they have
done, not only during this session, but also throughout the year. Their work is so important and
at times difficult as it affects the lives of so many people, and so we thank You for the effort and
work that they have done and we thank You that they serve the people of our state. Pour out
Your blessings upon them and the decisions that they have made. Be with all of the people of
the state of South Dakota, guiding us to live in peace and harmony with each other. Amen.