House of Representatives Journal 3/12/2009 10:00 AM

The Speaker appointed Reps. Juhnke, Cronin, and Engels as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 106.

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House 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.

Respectfully submitted,

Timothy A. Rave, Chair

Which motion prevailed.

ANNOUNCEMENTS

COMMUNICATIONS AND PETITIONS

March 12, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 11, 2009, I approved House Bills 1081, 1212, 1233, 1255, 1265, 1268, and 1275, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

On page 1, line 7, of the House Taxation Committee engrossed bill, delete " seventy-six " and insert " sixty-five and six tenths ".

Cc1091A

MR. SPEAKER

The Conference Committee respectfully reports that it has considered HB 1091 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 1091 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Timothy Rave    Jean Hunhoff
House Committee Chair    Senate Committee Chair

Cc80A

Also MR. SPEAKER

The Conference Committee respectfully reports that it has considered SB 80 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 80 be amended as follows:

80fb

On page 1, line 13, delete " fifty-nine " and insert " fifty-seven and three tenths ".

On page 2, line 4, delete " eight " and insert " four and two tenths ".

On page 2, line 10, delete " fifty-nine " and insert " fifty-seven and three tenths ".

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Tom Hansen
House Committee Chair    Senate Committee Chair

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 33, 36, 50, 68, 74, 78, 144, 147, and 186.

Rep. Sly moved that the House do not concur in Senate amendments to HB 1241 and that no committee be appointed.

MOTIONS AND RESOLUTIONS

The question being on Rep. Sly's motion that the House do not concur in Senate amendments to HB 1241 and that no committee be appointed.

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Feinstein; Juhnke

Excused:
Frerichs; Kopp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and no committee was appointed.

HCR 1020: A CONCURRENT RESOLUTION, Opposing federal control of state water rights through unnecessary expansion of the federal Clean Water Act.

Rep. Russell moved that HCR 1020 as found on page 779 of the House Journal be adopted.

The question being on Rep. Russell's motion that HCR 1020 be adopted.

Yeas 46, Nays 22, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde; Wismer

Excused:
Frerichs; Kopp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1020 was adopted.

SCR 10: A CONCURRENT RESOLUTION, Supporting legislative efforts in other states addressing the need to provide for equine slaughter and processing in the United States.

Rep. Lederman moved that SCR 10 as found on pages 681 and 682 of the Senate Journal be concurred in.

The question being on Rep. Lederman's motion that SCR 10 be concurred in.

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Gibson; Iron Cloud III; Killer

Excused:
Frerichs; Kopp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 10 was concurred in.

SCR 11: A CONCURRENT RESOLUTION, Urging the Environmental Protection Agency to authorize the use of higher blends of ethanol in non-flex fuel vehicles.

Rep. Faehn moved that SCR 11 as found on pages 699 and 700 of the Senate Journal be concurred in.

The question being on Rep. Faehn's motion that SCR 11 be concurred in.

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III; Verchio

Excused:
Frerichs; Kopp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 11 was concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Rausch moved that the report of the Conference Committee on SB 115 as found on pages 773 and 774 of the House Journal be adopted.

The question being on Rep. Rausch's motion that the report of the Conference Committee on SB 115 be adopted.

Yeas 62, Nays 6, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Nays:
Deadrick; Hoffman; Juhnke; Lust; Novstrup (David); Vanneman

Excused:
Frerichs; Kopp

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

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

I have the honor to inform your honorable body that the Senate has approved SB 132 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. The recommendation of the Governor is found on page 730 of the Senate Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 132.

I have the honor to inform your honorable body that the Senate has passed HB 1197, the Governor's veto notwithstanding.

Rep. Faehn moved that the House do now recess until 1:00 p.m., which motion prevailed and at 10:37 a.m., the House recessed.

RECESS

The House reconvened at 1:00 p.m., the Speaker presiding.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 132 as found on page 730 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 132 be approved?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Lust

Excused:
Burg; Kopp; Putnam; Tidemann

So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

Cc1153A

On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed version.

The Conference Committee respectfully reports that it has considered HB 1153 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1153 be amended as follows:

1153jc

1153sd

On page 1, line 6, of the printed bill, after "," insert " intentionally ".

On page 1, line 13, delete "i ~~n a public place~~ " and insert "in a public place ,or in the view of a public place, ".

On page 2, after line 4, insert:

" Section 3. That chapter 22-24 be amended by adding thereto a NEW SECTION to read as follows:

A person commits the crime of private indecent exposure if:

(1) The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;

(2) The person is in a place where another person has a reasonable expectation of privacy;

(3) The person is in view of the other person;

(4) The exposure reasonably would be expected to annoy, offend, or alarm the other person; and

(5) The person knows that the other person did not consent to the exposure.

Private indecent exposure is a Class 1 misdemeanor.

This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.".

1153jtb

On page 1, line 2, of the printed bill, delete "and" and insert ",".

On page 1, line 2, after "exposure" insert ", and to establish the crime of private indecent exposure".

Respectfully submitted,    Respectfully submitted,
Joni Cutler    Larry Rhoden
House Committee Chair    Senate Committee Chair

Cc1254A

On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:

The Conference Committee respectfully reports that it has considered HB 1254 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1254 be amended as follows:

1254cf

" Section 1. That § 13-13-10.1 be amended to read as follows:

13-13-10.1. Terms used in this chapter mean:

(1) "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42.1 and plus the average number of pupils for whom the district pays tuition;

(1A) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

(2) "Adjusted average daily membership," calculated as follows:

(a) For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

(b) For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

(c) For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

(2A) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition. When computing state aid to education for a school district under the foundation program pursuant to § 13-13-73, the secretary of the Department of Education shall use either the school district's fall enrollment or the average of the school district's fall enrollment and the school district's fall enrollment from the prior year, whichever is higher. However, if a school district qualifies to benefit from both the averaging permitted in this subdivision and the one-time payment provided in § 13-13-80 in the same fiscal year, the school district may not benefit from both, but only from the one that provides the most additional funding to the district;

(2B) "Current fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year minus the number of students for whom the district receives tuition except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;

(2C) "Small school adjustment," calculated as follows:

(a) For districts with a fall enrollment of two hundred or less, multiply 0.2 times $4,237.72;

(b) For districts with a fall enrollment of greater than two hundred, but less than six hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result; and multiply the sum obtained times $4,237.72;

(3) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

(4) "Per student allocation," for school fiscal year 2009 is $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;

(5) "Local need," is the sum of:

(a) The per student allocation multiplied by the fall enrollment; and

(b) The small school adjustment, if applicable, multiplied by the fall enrollment; and

(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

(7) "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

(8) "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

(9) "General fund base percentage," is the lesser of:

(a) The general fund balance percentage as of June 30, 2000; or

(b) The maximum allowable percentage for that particular fiscal year as stated in this subsection.

For fiscal year 2008, the maximum allowable percentage is one hundred percent; for fiscal year 2009, eighty percent; for fiscal year 2010, sixty percent; for fiscal year 2011, forty percent; for fiscal year 2012 and subsequent fiscal years, twenty-five percent. However, the general fund base percentage can never be less than twenty- five percent;

(10) "Allowable general fund balance," the general fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

(11) "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, inclusive; revenue a school district has received as compensation for being a sparse school district under the terms of §§ 13-13-78 and 13-13-79, inclusive; any revenue a school district has received under the provisions of the American Recovery and Reinvestment Act of 2009 (P.L. 111 -5); and any revenue in the general fund set aside for a noninsurable judgment. "

1254ctf

On page 1, line 1, of the Senate Education Committee engrossed bill, delete "enhance education" and insert "exclude any federal stimulus funds in a school district's general fund when determining its allowable general fund balance".

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Dave Knudson
House Committee Chair    Senate Committee Chair

Cc106A

The Conference Committee respectfully reports that it has considered SB 106 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,    Respectfully submitted,
Kent Juhnke    Cooper Garnos
House Committee Chair    Senate Committee Chair

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 80.

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 115.

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 42 and has appointed Sens. Tom Hansen, Gant, and Peterson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

I have the honor to return herewith HCR 1018 in which the Senate has concurred.

I have the honor to inform your honorable body that the Senate has failed to concur in HCR 1019.

The Speaker appointed Reps. Noem, Lust, and Fargen as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 42.

ANNOUNCEMENTS

Speaker Pro tempore Rausch now presiding.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Rave moved that the report of the Conference Committee on HB 1091 as found on page 788 of the House Journal be adopted.

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Burg; Kopp; Putnam; Tidemann

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

Speaker Rave now presiding.

Rep. Faehn moved that the report of the Conference Committee on SB 80 as found on pages 788 and 789 of the House Journal be adopted.

The question being on Rep. Faehn's motion that the report of the Conference Committee on SB 80 be adopted.

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Burg; Kopp; Putnam; Tidemann

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

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

Cc117A

On page 1, line 11, of the House Appropriations Committee engrossed bill, after "111-5." insert "The report shall be posted on the South Dakota government information website, OPEN SD.".

The Conference Committee respectfully reports that it has considered SB 117 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 117 be amended as follows:

117jb

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

Cc1281A

On page 1, line 7, of the Senate Transportation Committee engrossed bill, delete " twelve " and insert " ten ".

The Conference Committee respectfully reports that it has considered HB 1281 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1281 be amended as follows:

1281fi

On page 1, line 10, delete " eighteen " and insert " fifteen ".

On page 1, line 12, delete " twenty-four " and insert " twenty ".

On page 1, line 14, delete " thirty " and insert " forty ".

On page 2, line 1, delete " forty-eight " and insert " sixty-four ".

Respectfully submitted,    Respectfully submitted,
Mark Kirkeby    Mike Vehle
House Committee Chair    Senate Committee Chair

Rep. Faehn moved that the House do now recess until 3:30 p.m., which motion prevailed and at 1:24 p.m., the House recessed.

RECESS

The House reconvened at 3:30 p.m., the Speaker presiding.

(continued)

Cc1079A

On page 1, line 13, of the Senate Judiciary Committee engrossed bill, after "." insert " The term, adjudicated, includes a court's finding of delinquency, an admission, and a suspended adjudication of delinquency which has not been discharged pursuant to § 26-8C-4 prior to July 1, 2009. ".

The Conference Committee respectfully reports that it has considered HB 1079 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1079 be amended as follows:

1079ja

On page 2, line 12, after "." insert " Any juvenile whose suspended adjudication is discharged under § 26-8C-4 after July 1, 2009, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the juvenile shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section. ".

Respectfully submitted,    Respectfully submitted,
Joni Cutler    Mike Vehle
House Committee Chair    Senate Committee Chair

Cc72A

The Conference Committee respectfully reports that it has considered SB 72 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 72 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Timothy Rave    Bob Gray
House Committee Chair    Senate Committee Chair

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1079.

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1091.

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1153.

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1254.

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 72.

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 106.

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 117.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Lust moved that the report of the Conference Committee on HB 1153 as found on pages 794 and 795 of the House Journal be adopted.

The question being on Rep. Lust's motion that the report of the Conference Committee on HB 1153 be adopted.

Yeas 62, Nays 1, Excused 7, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Steele

Excused:
Curd; Cutler; Dreyer; Kopp; Nygaard; Putnam; Tidemann

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

Rep. Faehn moved that the report of the Conference Committee on HB 1254 as found on pages 795 to 798 of the House Journal be adopted.

The question being on Rep. Faehn's motion that the report of the Conference Committee on HB 1254 be adopted.

Yeas 63, Nays 0, Excused 7, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Cutler; Dreyer; Kopp; Nygaard; Putnam; Tidemann

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

Rep. Kirkeby moved that the House do not adopt the report of the Conference Committee on HB 1281 as found on page 802 of the House Journal and do not appoint a new committee.

The question being on Rep. Kirkeby's motion to not adopt the report of the Conference Committee on HB 1281 and to not appoint a new committee.

And the roll being called:

Yeas 50, Nays 13, Excused 7, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Deadrick; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Krebs; Lange; Lust; McLaughlin; Moser; Novstrup (David); Olson (Ryan); Pitts; Rausch; Romkema; Rounds; Russell; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Cronin; Fargen; Frerichs; Hoffman; Hunhoff (Bernie); Kirschman; Lederman; Lucas; Noem; Olson (Betty); Peters; Schlekeway; Sorenson

Excused:
Curd; Cutler; Dreyer; Kopp; Nygaard; Putnam; Tidemann

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

Rep. Juhnke moved that the report of the Conference Committee on SB 106 as found on page 799 of the House Journal be adopted.

The question being on Rep. Juhnke's motion that the report of the Conference Committee on SB 106 be adopted.

Yeas 61, Nays 5, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Deadrick; Fargen; Frerichs; Peters; Sorenson

Excused:
Cutler; Dreyer; Kopp; Nygaard

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

Rep. Tidemann moved that the report of the Conference Committee on SB 117 as found on page 801 of the House Journal be adopted.

The question being on Rep. Tidemann's motion that the report of the Conference Committee on SB 117 be adopted.

Yeas 64, Nays 1, Excused 5, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Verchio

Excused:
Cutler; Dreyer; Kopp; Nygaard; Peters

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

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

Cc1237A

On page 1, line 4, of the Senate engrossed bill, delete "one dollar ($1)" and insert "six hundred fifty thousand dollars ($ 650,000 )".

The Conference Committee respectfully reports that it has considered HB 1237 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1237 be amended as follows:

1237fa

On page 1, line 10, after "by" insert "section 1 of".

On page 1, between lines 10 and 11, insert:

" Section 3. There is hereby appropriated from the general fund the sum of nine hundred ninety-two thousand one hundred twenty-eight dollars ($992,128), or so much thereof as may be necessary, and three hundred eighty-nine thousand six hundred twenty dollars ($ 389,620 ) of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services to provide sales tax on food refunds for South Dakota families pursuant to chapter 28-1.

Section 4. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 3 of this Act.".

On page 1, after line 12, insert:

" Section 4. That § 28-1-71 be amended to read as follows:

28-1-71. To be eligible for the sales tax on food refund program, a person shall:

(1) Be a South Dakota resident;

(2) Be the head of the household and certify the number of persons in the household;

(3) Have countable income ~~at or~~ above one hundred thirty percent and below one hundred ~~fifty~~ fifty-one percent of the federal poverty level, as updated annually by the Department of Social Services in administrative rules promulgated pursuant to chapter 1-26 ;

(4) Not be a recipient of food stamp benefits . ".

1237fta

On page 1, line 2, of the Senate engrossed bill, after "disability" insert ", to make an appropriation to fund sales tax on food refunds, and to revise the eligibility requirements for the sales tax on food refund program".

Respectfully submitted,    Respectfully submitted,
J.E. "Jim" Putnam    Jeffrey Haverly
House Committee Chair    Senate Committee Chair

MOTIONS AND RESOLUTIONS

Rep. Faehn moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 13^th, the 39^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that HB 1070, 1176, 1207, 1215, 1246, 1260, and 1271 were delivered to his Excellency, the Governor, for his approval at 12:20 p.m., March 12, 2009.

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1197, overridden that veto and delivered the same to his Excellency, the Secretary of State, for filing at 12:25 p.m., March 12, 2009.