JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION




THIRTY-FOURTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 29, 2008

     The Senate convened at 9:30 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by Senate page Trent Edwards.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

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-third 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,
Bob Gray, Chair

     Which motion prevailed.
MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 4 Introduced by: Senators Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher, McCracken; McNenny; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schmidt, Dennis; Smidt, Orville; Sutton; Turbak Berry; Two Bulls

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-third Legislature of the State of South Dakota to Bridget Ames, Trent Edwards, Emily Helms, Andrea Hollatz, Tyler Jerke, Rachel Olsen, and Candace Rohrbach.

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-third Legislative Session; and

    WHEREAS, the members of the Eighty-third Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-third Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Sen. Knudson moved that Senate Page Resolution No. 4 be adopted.

    The question being on Sen. Knudson's motion that Senate Page Resolution No. 4 be adopted.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.



REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 4, 27, 53, 54, 112, 116, 123, 126, 134, 143, 153, 162, 174, 180, 182, 186, 188, 190, 192, and 201 were delivered to his Excellency, the Governor, for his approval at 8:15 a.m., February 29, 2008.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SJR 1 was delivered to his Excellency, the Secretary of State, for filing at 8:15 a.m., February 29, 2008.

Respectfully submitted,
Bob Gray, Chair

     Sen. Knudson moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 9:55 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 11:00 a.m., the President presiding.

REPORT OF CONFERENCE COMMITTEE


MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1076 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1076 be amended as follows:

1076rb

     On page 2 of the Senate engrossed bill, delete lines 6 to 8, inclusive, and insert:

" § 13-15-11 to provide for the education of all its resident children if:

            
                 (1)    The schools in the school district in the other state that the resident children attend are no more than fifteen miles from the border of the resident school district; and
            
                 (2)    The secretary of the Department of Education has not entered into an agreement with the Department of Education in the other state and with both of the school boards of

both of the affected school districts in both states to establish an enrollment options or tuition regulation agreement between South Dakota and that state. "


Respectfully submitted,    Respectfully submitted,
J.E. "Jim" Putnam    Kenneth Albers
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 172 and no new committee was appointed.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1047, 1069, 1087, 1248, and SB 176.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1226 and 1227.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that the report of the Conference Committee on HB 1076 be immediately considered.

     Which motion prevailed and the report of the Conference Committee on HB 1076 was up for immediate consideration.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Albers moved that the report of the Conference Committee on HB 1076 as found on page 713 of the Senate Journal be adopted.

     The question being on Sen. Albers' motion that the report of the Conference Committee on HB 1076 be adopted.


     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Excused:
Hoerth; Maher; Nesselhuf; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

     There being no objection, the Senate reverted to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE


MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered SB 187 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 187 be amended as follows:

187cg

     On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

     "Section 1. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

                 (4)      "Per student allocation," for school fiscal year 2008 2009 is $4,528.80 $4,664.66 . Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

         Section 2. For school fiscal year 2009, for any school district that does not certify to the secretary of education that its average teacher salary and benefits will increase by at least three percent, and that it will spend at least $22.64 per fall enrollment as defined in subdivision 13- 13-10.1(2A) on teacher salaries and benefits in excess of the school district's FY 2008 expenditures on teacher salaries and benefits, increased by the index factor as defined in subdivision 13-13-10.1(3), the per student allocation pursuant to subdivision 13-13-10.1(4) is $4,642.02.

         Section 3. The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certifications required in section 2 of this Act."

187ch

     On the previously adopted amendment (187cg), after Section 3, insert:

    "Section 4. The Department of Education is hereby directed to review Project Lead the Way or other similar project-based curriculum in the areas of science, technology, engineering, and math in the state's middle and high schools. The purpose of the curriculum is to make math and science relevant for students by providing them with hands-on, real-world experiences.

         Section 5. The Department of Education shall develop plans for a clearinghouse for youth internships, pre-apprenticeships, mentoring opportunities, and other educational experiences outside of the classroom that are available to middle and high school students within the state's research, science, and technology infrastructure. The purpose of the clearinghouse is to facilitate coordination among the middle schools, high schools, postsecondary technical institutes, universities, and the businesses and industries that offer these educational experiences, and to make students aware of the many unique opportunities available to them in South Dakota in the areas of research, science, and technology. To further capitalize on the talent and resources of the state's science and technology community, opportunities for professional development for teachers may also be coordinated through the clearinghouse.

         Section 6. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

         The secretary of the Department of Education shall develop a framework for building a high school for the twenty-first century. The framework shall outline the characteristics of a high school for the twenty-first century and the activities in which high schools can participate to develop those characteristics."

187ci

     On the previously adopted amendment (187ch), after Section 6, insert:

    "Section 7. There is hereby established the Teacher Compensation Assistance Program Advisory Council. The council shall be under the supervision of the Department of Education. The speaker of the House of Representative shall appoint three members of the House of Representatives to the council, including at least one member from each political party, and the president pro tempore of the Senate shall appoint three members of the Senate to the council, including at least one member from each political party. The Governor shall appoint the remaining members of the council, including at least one teacher, one school administrator, and one representative of a statewide education organization.

         Section 8. The council shall examine how teacher quality and teacher salaries in the state can be enhanced, and how the funds appropriated in fiscal year 2010 and in subsequent fiscal years by the state for the teacher compensation assistance program established in § 13-3-73 can best be utilized to assist in that effort. The council shall consider a variety of issues surrounding teachers including market compensation, a tiered licensure system, a system for evaluating teachers, mentoring and induction programs for teachers, and continuing contracts for teachers.



         Section 9. The council shall complete its work and the secretary of education shall provide its recommendations to the Governor and to the Executive Board of the Legislative Research Council no later than November 15, 2008."

187cj

     On the previously adopted amendment (187ci), after Section 9, insert:

    "Section 10. That § 13-6-92 be amended to read as follows:

     13-6-92.   If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional three hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

         If two or more school districts consolidate after July 1, 2007, the for the first year after consolidation, each new school district is entitled to an additional six hundred one thousand dollars per fall enrollment as defined in § 13-13-10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students . If two or more school districts consolidate after July 1, 2007, the for the second year after consolidation, each new school district is entitled to an additional four hundred eight hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students . If two or more school districts consolidate after July 1, 2007, the for the third year after consolidation, each new school district is entitled to an additional two hundred four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation for each sending district student included in the receiving district's fall enrollment for the first year after consolidation, up to a maximum of four hundred sending district students .

          For the purposes of the entitlement provided in this section, if a receiving district receives fewer than ten sending district students, the receiving district is entitled to payment for ten sending district students.

         Section 11. For the purposes of this Act, the following terms mean:

                 (1)    "New school district," a school district which is formed as the result of a consolidation of two or more school districts;

                 (2)    "Receiving district," a new school district in which a secondary attendance center was operated prior to consolidation and is operated after consolidation;

                 (3)    "Sending district," a school district which is not a receiving school district whose land has become part of another school district; and

                 (4)    "Sending district student," a student who was included in the current fall enrollment as defined in §  13-13-10.1 of a sending school district for the school year prior to the first year the new school district operates.

         Section 12. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

         Notwithstanding the provisions of §  13-6-92, if two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to §  13-6-48 no later than July 1, 2008, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in §  13-13-10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to §  13-6-48 no later than July 1, 2008, the new school district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to §  13-6-48 no later than July 1, 2008, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

         Any school district that is eligible for and receives consolidation incentive payments pursuant to this section may not receive consolidation incentive payments pursuant to §  13-6- 92."

187ctc

     On page 1, line 1, of the House State Affairs Committee engrossed bill, delete everything after "Act to" and insert "revise the state aid to education formula for the purpose of increasing

teachers salaries, to direct the Department of Education to review certain curriculum and to develop a framework for a twenty-first century high school, to create the Teacher Compensation Assistance Program Advisory Council, and to revise certain provisions related to the payment of additional funds to consolidating school districts."


Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Dave Knudson
House Committee Chair    Senate Committee Chair

     Sen. Knudson moved that the report of the Conference Committee on SB 187 be immediately considered.

     Which motion prevailed and the report of the Conference Committee on SB 187 was up for immediate consideration.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Knudson moved that the report of the Conference Committee on SB 187 as found on page 715 of the Senate Journal be adopted.

     The question being on Sen. Knudson's motion that the report of the Conference Committee on SB 187 be adopted.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

     Nays:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry

     Excused:
Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

     Sen. Knudson moved that the Senate do now recess until 9:00 p.m., which motion prevailed and at 11:50 a.m., the Senate recessed.



RECESS

     The Senate reconvened at 9:00 p.m., the President presiding.

REPORTS OF CONFERENCE COMMITTEES


MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1124 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments to HB 1124 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Dave Knudson
House Committee Chair    Senate Committee Chair

Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1300 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments to HB 1300 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Dave Knudson
House Committee Chair    Senate Committee Chair


Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1120 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1120 be amended as follows:

1120fd

     On page 1, line 7, of the Senate Taxation Committee engrossed bill, delete "nine dollars and eleven nine " and insert " nine dollars and eleven eight dollars and seventy-eight ".

     On page 1, line 13, delete " sixty-nine " and insert " sixty-one ".


     On page 2, line 4, delete " twenty-four " and insert " ten ".

     On page 2, line 9, delete " sixty-nine " and insert " sixty-one ".

Respectfully submitted,    Respectfully submitted,
Joel Dykstra    Kenneth McNenny
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1037, 1099, 1100, 1293, 1294, and SB 187.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1076 and no new committee was appointed.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that the reports of the Conference Committees on HB 1124, 1300, and 1120 be immediately considered.

    Which motion prevailed and the reports of the Conference Committees on HB 1124, 1300, and 1120 were up for immediate consideration.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Sen. Knudson moved that the Senate do not adopt the report of the Conference Committee on HB 1124 as found on page 720 of the Senate Journal and do not appoint a new committee.

     The question being on Sen. Knudson's motion to not adopt the report of the Conference Committee on HB 1124 and to not appoint a new committee.

     And the roll being called:

     Yeas 25, Nays 5, Excused 5, Absent 0


     Yeas:
Abdallah; Albers; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Bartling; Jerstad; Katus; Kloucek; Koetzle

     Excused:
Apa; Garnos; Hundstad; Peterson (Jim); Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

     Sen. Knudson moved that the Senate do not adopt the report of the Conference Committee on HB 1300 as found on page 720 of the Senate Journal and do not appoint a new committee.

     The question being on Sen. Knudson's motion to not adopt the report of the Conference Committee on HB 1300 and to not appoint a new committee.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Excused:
Apa; Garnos; Hundstad; Peterson (Jim); Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

     Sen. McNenny moved that the report of the Conference Committee on HB 1120 as found on page 720 of the Senate Journal be adopted.

     The question being on Sen. McNenny's motion that the report of the Conference Committee on HB 1120 be adopted.

     And the roll being called:


     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Excused:
Apa; Garnos; Hundstad; Peterson (Jim); Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

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

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1120, 1124, and 1300.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that the Senate do now recess until 10:00 p.m., which motion prevailed and at 9:31 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 10:00 p.m., the President presiding.

     There being no objection, the Senate reverted to Order of Business No. 5.


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 176 and 187 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 203 and returns the same with the recommendation that said bill be amended as follows:

203ak

     On page 2, line 37, of the printed bill, after "Authority" insert "--Informational".

     On page 2, line 44, after "Authority" insert "--Informational".

DESCRIPTION: Bureau of Finance and Management - This amendment is needed to recognize that the Building Authority and Health and Education Facilities Authority budgets are informational budgets.

(BFM)


203uh

     On page 3, line 25 of the printed bill, INCREASE operating expenses GENERAL FUNDS $1,368,420 and DECREASE operating expenses OTHER FUNDS $1,368,420

Adjust all totals accordingly.

    On page 29, delete lines 13 to 15, inclusive.

DESCRIPTION: This amendment is needed due to passage of SB 176 which appropriates dollars from the public buildings fund for the renovation of the Capitol fourth floor. The Governor recommended spending the balance of the public buildings fund for the maintenance and repair of state buildings. With the passage of SB 176, there will essentially be no cash in the fund for maintenance and repair. Therefore, general funds need to be restored, with a corresponding decrease in other funds. The second portion of the amendment removes the transfer from the public buildings fund to the Capitol complex maintenance and repair fund (section 36) as this transfer is no longer needed.

(BFM)



203ah

     On page 5, line 25 of the printed bill, INCREASE personal services OTHER FUNDS $41,340

     On page 5, line 26, INCREASE operating expenses OTHER FUNDS $9,350

     On page 5, line 29, INCREASE FTEs 1.0

Adjust all totals accordingly.

DESCRIPTION: Department of Revenue and Regulation - This amendment is needed due to the passage of HB 1240 and HB 1241, which will allow the Division of Motor Vehicles to recover costs related to administering the dealer license program and the increased administration costs as a result of HB 1241.

(BFM)


203am

     On page 7, line 26 of the printed bill, INCREASE operating expenses OTHER FUNDS $125,680

    On page 7, line 33, INCREASE operating expenses OTHER FUNDS $432,820

Adjust all totals accordingly.

DESCRIPTION: Department of Agriculture - This amendment is needed due to SB 134. SB 134 increases the biennial pesticide registration fee from $175 to $300. This amendment is for additional expenditure authority due to the anticipated revenue from increased fees in the weed and pest fund and the coordinated natural resources conservation fund.

(BFM)


203aj

     On page 10, line 54 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $1,222,650

Adjust all totals accordingly.

DESCRIPTION: Department of Game, Fish and Parks - Adds $1,222,650 of federal fund expenditure authority to the Development & Improvement budget for road projects within the Department of Game, Fish and Parks Division of Parks & Recreation.

(BFM)



203mj

     On page 16, line 5 of the printed bill, INCREASE operating expenses GENERAL FUNDS $130,000

Adjust all totals accordingly.

DESCRIPTION: Department of Education -Administration - This amendment is needed to fund the match for the Gear Up grant.

(BFM)


203mk

     On page 16, line 12 of the printed bill, INCREASE operating expenses GENERAL FUNDS $918,154

Adjust all totals accordingly.

DESCRIPTION: Department of Education-State Aid to General Education - This amendment is needed due to failure of HB 1048 which proposed to change the methodology used for determining school districts which would qualify for the increasing enrollments payment.

(BFM)


203mo

     On page 16, line 12 of the printed bill, INCREASE operating expenses GENERAL FUNDS $1,095,358

Adjust all totals accordingly.

DESCRIPTION: Department of Education-State Aid to General Education - This amendment is needed due to changes in the state aid formula since the Governor's recommended budget. Valuation assessments have come in lower and enrollments have come in higher than originally anticipated.

(BFM)


203mn

     On page 16, line 12 of the printed bill, DECREASE operating expenses GENERAL FUNDS $114,689

Adjust all totals accordingly.


DESCRIPTION: Department of Education-State Aid to Education - This amendment is needed due to passage of HB1288 which would no longer allow districts to qualify for both increasing and decreasing enrollments.

(BFM)


203bl

     On page 18, line 3 of the printed bill, INCREASE personal services OTHER FUNDS $47,098

     On page 18, line 4, INCREASE operating expenses OTHER FUNDS $5,928

     On page 18, line 7, INCREASE FTEs 1.0

Adjust all totals accordingly.

DESCRIPTION: Department of Public Safety - This amendment is needed due to the passage of SB 143 which establishes the 911 Coordination Board and authorizes the board to employ a 911 coordinator.

(BFM)


203ml

     On page 18, line 26 of the printed bill, INCREASE operating expenses OTHER FUNDS $680,450

Adjust all totals accordingly.

DESCRIPTION: Board of Regents-Central Office - This amendment is needed due to the passage of HB1085. It increases the bond by $10,000,000 so additional expenditure authority is needed to make the payment.

(BFM)


203mm

     On page 18, line 26 of the printed bill, INCREASE operating expenses GENERAL FUNDS $34,768 and INCREASE operating expenses OTHER FUNDS $50,000

Adjust all totals accordingly.

DESCRIPTION: Board of Regents-Central Office - This amendment is needed due to the passage of SB192. The BOR is authorized to lease a site for delivery of public higher education in Pierre and use money appropriated to make lease payments.

(BFM)


203ag

     On page 20, line 55 of the printed bill, INCREASE operating expenses OTHER FUNDS $2,500,000

Adjust all totals accordingly.

DESCRIPTION: Department of Corrections - Additional other fund expenditure authority is needed in order to use available cash to begin purchasing the offender management system.

(BFM)


203uj

     On page 28, between lines 26 and 27 of the printed bill, insert:

    "Section 30. The state treasurer shall transfer to the state general fund the moneys from the health care tobacco tax fund collected pursuant to §  10-50-52 for the Department of Social Services _ medical services."

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

(BFM)


203ui

     On page 28, between lines 26 and 27 of the printed bill, insert:

    "Section 30. The state treasurer shall transfer to the state general fund two million five hundred thousand dollars ($2,500,000) from the tobacco prevention and reduction trust fund for the Department of Social Services _ medical services."

DESCRIPTION: This amendment is needed for the one-time transfer to the general fund from the tobacco prevention and reduction trust fund for health care enhancement.

(BFM)


203mbb

     On page 16, line 12 of the printed bill, INCREASE operating expenses GENERAL FUNDS $397,595 and DECREASE operating expenses OTHER FUNDS $397,595

Adjust all totals accordingly.


DESCRIPTION: Department of Education _ State Aid to General Education _ Cigarette tax collections going into the Education Enhancement Tobacco Tax Fund are lower than anticipated. Therefore, general funds are needed to make up for the shortfall.

(BFM)


203mab

     On page 16, line 12 of the printed bill, DECREASE operating expenses GENERAL FUNDS $5,826,551

     On page 16, line 47, INCREASE operating expenses GENERAL FUNDS $6,680,022 and DECREASE operating expenses OTHER FUNDS $6,680,022

     On page 17, line 18, INCREASE operating expenses GENERAL FUNDS $2,044,405 and DECREASE operating expenses OTHER FUNDS $2,044,405

Adust all totals accordingly.

DESCRIPTION: Department of Education-Technology and NCLB Assessment - This amendment is needed due to the failure of HB1076 which proposed to roll funding for technology in schools and for statewide assessment testing into the state aid formula.

(BFM)


203ms

     On page 1, line 18 of the printed bill, INCREASE operating expenses GENERAL FUNDS $95,000

Adjust all totals accordingly.

DESCRIPTION: Office of the Governor _ Midwestern Regional Higher Education Compact dues (SB153)


203aa

     On page 8, line 45 of the printed bill, DECREASE personal services GENERAL FUNDS $768,004

Adjust all totals accordingly.

DESCRIPTION: The State Fair's general funds are being funded in HB 1179.



203ua

     On page 12, line 23 of the printed bill, DECREASE personal services OTHER FUNDS $53,730

     On page 12, line 27, DECREASE FTEs 1.0

     On page 21, line 31, DECREASE personal services GENERAL FUNDS $393,760

     On page 21, line 32, DECREASE operating expenses GENERAL FUNDS $300,318

     On page 21, line 35, DECREASE FTEs 9.0

     On page 22, line 53, DECREASE personal services GENERAL FUNDS $226,293

     On page 22, line 54, DECREASE operating expenses GENERAL FUNDS $615,964

     On page 22, line 57, DECREASE FTEs 5.0

     On page 24, line 3, DECREASE personal services GENERAL FUNDS $57,250

     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: IMT funding is now in special appropriation HB 1178


203mac

     On page 18, line 39 of the printed bill, DECREASE personal services GENERAL FUNDS $306,835

     On page 18, line 40, DECREASE operating expenses GENERAL FUNDS $1,175

     On page 18, line 43, DECREASE FTEs 6.0

     On page 18, line 53, DECREASE personal services GENERAL FUNDS $511,390

     On page 18, line 54, DECREASE operating expenses GENERAL FUNDS $1,958

     On page 18, line 57, DECREASE FTEs 10.0

     On page 19, line 17, DECREASE personal services GENERAL FUNDS $102,278

     On page 19, line 18, DECREASE operating expenses GENERAL FUNDS $392

     On page 19, line 21, DECREASE FTEs 2.0

     On page 19, line 24, DECREASE personal services GENERAL FUNDS $102,278

     On page 19, line 25, DECREASE operating expenses GENERAL FUNDS $392

     On page 19, line 28, DECREASE FTEs 2.0

     On page 19, line 31, DECREASE personal services GENERAL FUNDS $178,987

     On page 19, line 32, DECREASE operating expenses GENERAL FUNDS $685

     On page 19, line 35, DECREASE FTEs 3.5

     On page 19, line 38, DECREASE personal services GENERAL FUNDS $102,278

     On page 19, line 39, DECREASE operating expenses GENERAL FUNDS $392

     On page 19, line 42, DECREASE FTEs 2.0

Adjust all totals accordingly.

DESCRIPTION: Board of Regents _ Cut the Mobile Computing Environment technical support. This amendment includes a reduction of $1,309,040 in general funds and 25.5 FTE.


203uu

     On page 22, line 46 of the printed bill, DECREASE personal services GENERAL FUNDS $37,317 and DECREASE personal services FEDERAL FUNDS $60,680

     On page 22, line 50, DECREASE FTEs 3.0

Adjust all totals accordingly.

DESCRIPTION: DHS - To reduce FTE at the South Dakota Developmental Center (SDDC) in Redfield.


203bj

     On page 25, line 18 of the printed bill, DECREASE personal services GENERAL FUNDS $268,817 and DECREASE personal services FEDERAL FUNDS $61,778

     On page 25, line 19, DECREASE operating expenses GENERAL FUNDS $589,254 and INCREASE operating expenses OTHER FUNDS $57,145

     On page 25, line 22, DECREASE FTEs 9.4

Adjust all totals accordingly.



DESCRIPTION: Decrease amounts & FTE by request of UJS subcommittee.

203ba

     On page 25, line 18 of the printed bill, DECREASE personal services GENERAL FUNDS $37,209 and DECREASE personal services FEDERAL FUNDS $109,091

     On page 25, line 19, DECREASE operating expenses GENERAL FUNDS $22,506 and DECREASE operating expenses FEDERAL FUNDS $67,505 and DECREASE operating expenses OTHER FUNDS $30,800

     On page 25, line 22, DECREASE FTEs 3.0

Adjust all totals accordingly.

DESCRIPTION: This amendment is needed due to the passage of SB109. This bill creates a special appropriation for the UJS Drug Court, thus the funding isn't needed in the general bill, as well.


203bn

     On page 25, line 19 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $61,778

Adjust all totals accordingly.

DESCRIPTION: Contractual service budget to allow UJS to accept an additional court improvement grant.


203va

     On page 25, line 44 of the printed bill, INCREASE personal services GENERAL FUNDS $23,482

Adjust all totals accordingly.

DESCRIPTION: Restore BFM reduction to Legislative Audit.


203bc

     On page 26, line 5 of the printed bill, INCREASE operating expenses OTHER FUNDS $210,000

Adjust all totals accordingly.

DESCRIPTION: Add $210,000 other fund authority for part of the drug control fund money per request of the GOAC committee.



203uy

     On page 26, line 48 of the printed bill, INCREASE operating expenses GENERAL FUNDS $125,000 and INCREASE operating expenses OTHER FUNDS $75,000

Adjust all totals accordingly.

DESCRIPTION: School and Public Lands - Establish a needs assessment for dam maintenance and repair on state-owned dams.


203mg

     On page 29, between lines 15 and 16 of the printed bill, insert:

    "Section 37. No money appropriated for state aid to education in subdivision (2) of section 11 of this Act may be expended for any other purpose without specific legislative authorization.

     Section 38. No money appropriated for state aid to special education in subdivision (3) of section 11 of this Act may be expended for any purpose without specific legislative authorization."


203up

     On page 22, line 40 of the printed bill, INCREASE operating expenses GENERAL FUNDS $189,193 and INCREASE operating expenses FEDERAL FUNDS $307,637

Adjust all totals accordingly.

DESCRIPTION: DHS _ To increase funding for the six ATCs below .95 at the FMAP rate.


203uq

     On page 29, line 1, of the printed bill, delete "relay service fund" and insert "funds for the deaf and other disabilities".

203us

     On page 29, line 5, of the printed bill, delete "pheasantland" and insert "prison".

     On page 29, line 5, after "industries" insert "revolving".

203ut

     On page 28, line 12, of the printed bill, after "the" insert "state".

     On page 28, line 19, after "the" insert "state".


203bo

     On page 24, line 54 of the printed bill, DECREASE personal services GENERAL FUNDS $20,303 and INCREASE personal services OTHER FUNDS $20,303

     On page 24, line 55, DECREASE operating expenses GENERAL FUNDS $9,697 and INCREASE operating expenses OTHER FUNDS $9,697

Adjust all totals accordingly.

DESCRIPTION: Decrease general funds needed in the PUC Grain/Warehouse Division due to an increase in fees by passage of SB 46.


203uv

     On page 18, line 26 of the printed bill, INCREASE operating expenses OTHER FUNDS $1,000,000

Adjust all totals accordingly.

DESCRIPTION: Board of Regents - Purchase airplanes to replace existing aircraft.


203an

     On page 4, between lines 42 and 43 of the printed bill, insert:

"

Employee Comp and Health Insurance  
General
Funds  
Federal
Funds  
Other
Funds  
Total
Funds  
Personal Services   $1,535,38 6   $682,195   $1,366,48 1   $3,584,06 2  
Operating Expenses   $0   $0   $0   $0  
         
Total   $1,535,38 6   $682,195   $1,366,48 1   $3,584,06 2  
F.T.E.         0.0  
".


     On page 11, line 26, INCREASE operating expenses GENERAL FUNDS $41,887 and INCREASE operating expenses FEDERAL FUNDS $64,563

     On page 11, line 33, INCREASE operating expenses GENERAL FUNDS $693,601 and INCREASE operating expenses FEDERAL FUNDS $822,075

     On page 11, line 41, INCREASE operating expenses GENERAL FUNDS $94,430 and INCREASE operating expenses FEDERAL FUNDS $69,651 and INCREASE operating expenses OTHER FUNDS $1,340

     On page 12, line 24, INCREASE operating expenses OTHER FUNDS $10,301

     On page 16, line 12, INCREASE operating expenses GENERAL FUNDS $2,183,883

     On page 20, line 55, INCREASE operating expenses GENERAL FUNDS $11,631

     On page 21, line 46, INCREASE operating expenses FEDERAL FUNDS $38,650 and INCREASE operating expenses OTHER FUNDS $42,608

     On page 22, line 33, INCREASE operating expenses GENERAL FUNDS $737

     On page 22, line 40, INCREASE operating expenses GENERAL FUNDS $168,027 and INCREASE operating expenses FEDERAL FUNDS $275,133

     On page 22, line 54, INCREASE operating expenses GENERAL FUNDS $45,632 and INCREASE operating expenses FEDERAL FUNDS $11,929

     On page 23, line 4, INCREASE operating expenses GENERAL FUNDS $11,611 and INCREASE operating expenses FEDERAL FUNDS $8,462

     On page 24, line 4, INCREASE operating expenses GENERAL FUNDS $69,505 and INCREASE operating expenses FEDERAL FUNDS $45,522 and INCREASE operating expenses OTHER FUNDS $1,477

     On page 25, line 19, INCREASE operating expenses GENERAL FUNDS $6,941

Adjust all totals accordingly.

DESCRIPTION: This amendment is requested to increase the provider inflation policy, state aid to K-12 education, and across-the-board salary policy recommended by the Governor from 2.5% to 3.0%. The agencies included in this amendment have the following increases department-wide.

Across-the-board salary policy - Increase of $1,535,386 in general funds, $682,195 in federal fund expenditure authority, and $1,366,481 in other fund expenditure authority.

DSS - Increase of $829,918 in general funds, $956,289 in federal fund expenditure authority, and $1,340 in other fund expenditure authority.

DOH - Increase of $10,301 in other fund expenditure authority.

DOE State Aid - Increase of $2,183,883 in general funds.


DOC - Increase of $11,631 in general funds, $38,650 in federal fund expenditure authority, and $42,608 in other fund expenditure authority.

DHS - Increase of $295,512 in general funds, $341,046 in federal fund expenditure authority, and $1,477 in other fund expenditure authority.

UJS - Increase of $6,941 in general funds.


    And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

     There being no objection, the Senate proceeded to Order of Business No. 9.

CONSIDERATION OF REPORT OF COMMITTEE

     Sen. Knudson moved that the report of the Standing Committee on

     Appropriations on SB 203 as found on page 724 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 203: 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 203 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 13, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Schmidt (Dennis); Smidt (Orville)


     Nays:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Sutton; Turbak Berry

     Excused:
Hundstad; Peterson (Jim); Two Bulls

     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 when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 17, the 35th legislative day.

     Which motion prevailed.

SIGNING OF BILLS

     The President publicly read the title to

     SB 176: FOR AN ACT ENTITLED, An Act to  authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, to make an appropriation therefor, and to declare an emergency.

     SB 187: FOR AN ACT ENTITLED, An Act to  revise the state aid to education formula for the purpose of increasing teachers salaries, to direct the Department of Education to review certain curriculum and to develop a framework for a twenty-first century high school, to create the Teacher Compensation Assistance Program Advisory Council, and to revise certain provisions related to the payment of additional funds to consolidating school districts.

     HB 1016: FOR AN ACT ENTITLED, An Act to  establish a new system of funding for the postsecondary technical institutes.

     HB 1037: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding medical claims for workers' compensation and to establish an administrative fine for delays regarding these medical claims.

     HB 1047: FOR AN ACT ENTITLED, An Act to  make an appropriation to assist sparse school districts.

     HB 1061: FOR AN ACT ENTITLED, An Act to  revise the penalty for the distribution or possession with intent to distribute marijuana to a minor.

     HB 1069: FOR AN ACT ENTITLED, An Act to  make an appropriation to the coordinated natural resources conservation fund and to declare an emergency.



     HB 1080: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a student athlete development center on the campus of South Dakota State University and to make an appropriation therefor.

     HB 1083: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a new public restroom facility at McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.

     HB 1085: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of science facilities and laboratories at public universities and to make an appropriation therefor.

     HB 1087: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Executive Management, the Department of Revenue and Regulation, the Department of Game, Fish and Parks, the Department of Transportation, the Department of Education, the Board of Regents, the Department of Human Services, and the Department of Environment and Natural Resources.

     HB 1099: FOR AN ACT ENTITLED, An Act to  require custody or visitation dispute mediation under certain circumstances.

     HB 1100: FOR AN ACT ENTITLED, An Act to  create a rebuttable presumption against the award of custody to any person with a proven history of domestic abuse.

     HB 1107: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

     HB 1120: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district.

     HB 1132: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the circumstances under which children may be held in temporary custody.

     HB 1224: FOR AN ACT ENTITLED, An Act to  provide for the funding of certain reduced tuition programs for veterans.

     HB 1226: FOR AN ACT ENTITLED, An Act to  provide funds to the postsecondary technical institutes.

     HB 1227: FOR AN ACT ENTITLED, An Act to  appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

     HB 1248: FOR AN ACT ENTITLED, An Act to  establish the South Dakota soil conservation award program and to make an appropriation therefor.

     HB 1283: FOR AN ACT ENTITLED, An Act to  revise on-sale alcoholic beverage license fees for certain municipalities and to declare an emergency.



     HB 1320: FOR AN ACT ENTITLED, An Act to  provide tax incentives for certain wind energy facilities and energy transmission equipment.

     And signed the same in the presence of the Senate.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 203 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 203 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

SIGNING OF BILLS

     The President publicly read the title to

     SB 203: 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.


REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 176, 187, and 203 were delivered to his Excellency, the Governor, for his approval at 11:21 p.m., February 29, 2008.

Respectfully submitted,
Bob Gray, Chair

     Sen. Greenfield moved that the Senate do now adjourn, which motion prevailed and at 11:31 p.m. the Senate adjourned.

Trudy Evenstad, Secretary