JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



THIRTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 12, 2009

     The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Rev. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Shawna Van Zee.

     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-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,
Bob Gray, Chair

     Which motion prevailed.
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The Senate 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 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Howie

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

     The Senate proceeded to the reconsideration of HB 1197 pursuant to the veto of the Governor and the veto message found on page 734 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall HB 1197 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Tieszen

     Nays:
Fryslie; Gray; Haverly; Nelson; Olson (Russell); Schmidt; Turbak Berry; Vehle

     Excused:
Howie


     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed, the veto of the Governor notwithstanding.

COMMUNICATIONS AND PETITIONS

March 12, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 11, 2009, I approved Senate Bills 8, 17, 21, 38, 53, 54, 56, 57, 58, 59, 66, 86, 110, 128, 133, 174, 180, and 183, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 33, 36, 50, 68, 74, 78, 144, 147, and 186 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 3, 32, 55, 70, 90, 100, 105, 108, 126, 131, 143, 148, 149, 151, 155, 159, 160, 164, and 202 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., March 12, 2009.

Respectfully submitted,
Bob Gray, Chair

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

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

     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

Also MR. PRESIDENT:

     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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has appointed Reps. Rave, Curd, and Hunhoff (Bernie) 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 72.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has appointed Reps. Faehn, Noem, 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 80.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has appointed Reps. Tidemann, Putnam, and Burg 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 117.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1241 and no committee was appointed.

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has appointed Reps. Cutler, Dreyer, and Nygaard 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 153.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1018: A CONCURRENT RESOLUTION, Urging increased cooperation and collaboration between state, local, and tribal governments.

    Was read the second time.

     Sen. Bradford moved that the Senate do concur in HCR 1018 as found on page 714 of the House Journal.

     The question being on Sen. Bradford's motion that the Senate do concur in HCR 1018.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Howie

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1018 was concurred in.


     HCR 1019: A CONCURRENT RESOLUTION, Urging South Dakota school districts and the South Dakota High School Activities Association to reexamine travel policies for high school athletic activities.

    Was read the second time.

     Sen. Kloucek moved that the Senate do concur in HCR 1019 as found on page 715 of the House Journal.

     The question being on Sen. Kloucek's motion that the Senate do concur in HCR 1019.

     And the roll being called:

     Yeas 11, Nays 23, Excused 1, Absent 0

     Yeas:
Ahlers; Fryslie; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Novstrup (Al); Olson (Russell); Vehle

     Nays:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Hunhoff (Jean); Knudson; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry

     Excused:
Howie

     So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

     Sen. Hansen (Tom) moved that the Senate do not concur in House amendments to SB 42 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President announced as such committee Sens. Hansen (Tom), Gant, and Peterson.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Sen. Olson (Russell) moved that the report of the Conference Committee on SB 115 as found on page 731 of the Senate Journal be adopted.

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

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Bradford; Howie

     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 report of the Conference Committee on SB 80 be immediately considered.

     Which motion prevailed and the report of the Conference committee on SB 80 was up for immediate consideration.

     Sen. Hansen (Tom) moved that the report of the Conference Committee on SB 80 as found on page 749 of the Senate Journal be adopted.

     Sen. Adelstein moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 80 and that a new committee be appointed.

     The question being on Sen. Adelstein's substitute motion that the Senate do not adopt the report of the Conference Committee on SB 80 and a new committee be appointed.

     Sen. Adelstein requested a roll call vote.


     Which request was not supported.

     Sen Adelstein's substitute motion on SB 80 was lost.


     The question now being on Sen. Hansen's motion that the report of the Conference Committee on SB 80 be adopted.

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

     Yeas:
Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Adelstein; Nelson

     Excused:
Abdallah; Gillespie; Howie

     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 1:30 p.m., which motion prevailed and at 11:04 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 1:35 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 115 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

     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

Also MR. PRESIDENT:

     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


     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."

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

Also MR. PRESIDENT:

     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


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

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

Also MR. PRESIDENT:

     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

     On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:
     "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
             (c)      The payment distributed pursuant to § 13-13-80, if applicable;

             (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

Also MR. PRESIDENT:

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

     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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SCR 10 and 11 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has 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.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1020 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House 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.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

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

     Was read the first time, the President waived the referral to committee, and placed HCR 1020 on the calendar of Friday, March 13, the 39th legislative day.


     Sen. Dempster moved that the Senate do now recess until 2:30 p.m., which motion prevailed and at 1:40 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 2:34 p.m., the President presiding.

COMMUNICATIONS AND PETITIONS

March 12, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 12, 2009, I approved Senate Bills 60, 62, 77, 96, 99, 107, 127, 130, 141, and 187, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 80 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of SB 132, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor, at 2:25 p.m., March 12, 2009.

Respectfully submitted,
Bob Gray, Chair

     Sen. Knudson moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 2:35 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 3:06 p.m., the President presiding.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

     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 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. "

     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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Sen. Hunhoff (Jean) moved that the report of the Conference Committee on HB 1091 as found on page 750 of the Senate Journal be adopted.

     The question being on Sen. Hunhoff's motion that the report of the Conference Committee on HB 1091 be adopted.

     And the roll being called:

     Yeas 29, Nays 0, Excused 6, Absent 0

     Yeas:
Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Abdallah; Adelstein; Dempster; Howie; Jerstad; Olson (Russell)

     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. Garnos moved that the report of the Conference Committee on SB 106 as found on page 755 of the Senate Journal be adopted.

     The question being on Sen. Garnos' motion that the report of the Conference Committee on SB 106 be adopted.

     And the roll being called:

     Yeas 29, Nays 0, Excused 6, Absent 0

     Yeas:
Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Abdallah; Adelstein; Dempster; Howie; Jerstad; Olson (Russell)

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

     Sen. Knudson moved that the report of the Conference Committee on SB 117 as found on page 755 of the Senate Journal be adopted.

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

     And the roll being called:

     Yeas 27, Nays 3, Excused 5, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Hundstad; Hunhoff (Jean); Knudson; Maher; Merchant; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Heidepriem; Kloucek; Miles

     Excused:
Adelstein; Dempster; Howie; Jerstad; Olson (Russell)

     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. Rhoden moved that the report of the Conference Committee on HB 1153 as found on page 755 of the Senate Journal be adopted.

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

     And the roll being called:

     Yeas 29, Nays 0, Excused 6, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Dempster; Gray; Howie; Jerstad; Olson (Russell)

     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 report of the Conference Committee on HB 1254 as found on page 756 of the Senate Journal be adopted.

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

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Dempster; Howie; Jerstad; Olson (Russell)

     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 consideration of the report of the Conference Committee on HB 1281 be deferred to Friday, March 13, the 39th legislative day.

     Which motion prevailed.

     Sen. Vehle moved that the report of the Conference Committee on HB 1079 as found on page 762 of the Senate Journal be adopted.

     The question being on Sen. Vehle's motion that the report of the Conference Committee on HB 1079 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Dempster; Howie; Jerstad; Olson (Russell)

     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 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

     Sen. Knudson moved that the report of the Conference Committee on SB 72 be immediately considered.

     Which motion prevailed and the report of the Conference Committee on SB 72 was up for immediate consideration.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Gray moved that the report of the Conference Committee on SB 72 as found on page 766 of the Senate Journal be adopted.

     The question being on Sen. Gray's motion that the report of the Conference Committee on SB 72 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Dempster; Howie; Jerstad; Olson (Russell)

     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 4:15 p.m., which motion prevailed and at 3:47 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 4:28 p.m., the President presiding.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Knudson moved that the report of the Conference Committee on HB 1281 be immediately considered.

     Which motion prevailed and the report of the Conference Committee on HB 1281 was up for immediate considerstion.

     Sen. Vehle moved that the report of the Conference Committee on HB 1281 as found on page 759 of the Senate Journal be adopted.

     Sen. Olson (Russell) moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1281 as found on page 759 of the Senate Journal and do not appoint a new committee.

     The question being on Sen. Olson'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 26, Nays 6, Excused 3, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Brown; Dempster; Fryslie; Garnos; Gillespie; Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry

     Nays:
Bradford; Gray; Hansen (Tom); Maher; Tieszen; Vehle

     Excused:
Adelstein; Gant; Howie

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

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

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 106 and 117 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

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

     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

     Sen. Knudson moved that the report of the Conference Committee on HB 1237 be immediately considered.

     Which motion prevailed and the report of the Conference Committee on HB 1237 was up for immediate consideration.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Haverly moved that the report of the Conference Committee on HB 1237 as found on page 768 of the Senate Journal be adopted.

     The question being on Sen. Haverly's motion that the report of the Conference Committee on HB 1237 be adopted.

     And the roll being called:

     Yeas 25, Nays 7, Excused 3, Absent 0

     Yeas:
Ahlers; Bartling; Dempster; Fryslie; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Schmidt; Tieszen; Turbak Berry

     Nays:
Abdallah; Bradford; Brown; Gant; Maher; Rhoden; Vehle

     Excused:
Adelstein; Howie; Jerstad

     So the motion having received an affirmative vote of a two-thirds 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.

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 SB 106, 117, and HB 1153 and 1254.

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 1281 and no new committee was appointed.

Respectfully,
Karen Gerdes, Chief Clerk

      Sen. Knudson moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Friday, March 13, the 39th legislative day.

     Which motion prevailed.

SIGNING OF BILLS

     The President publicly read the title to

     SB 33: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding permission to carry a concealed pistol and to repeal certain requirements concerning applications to purchase a pistol.

     SB 36: FOR AN ACT ENTITLED, An Act to  revise certain drug registration fees and license fees related to health care facilities.

     SB 50: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2009.

     SB 68: FOR AN ACT ENTITLED, An Act to  authorize the establishment, operation, and control of research parks on state land in Sioux Falls.

     SB 74: FOR AN ACT ENTITLED, An Act to  direct the Office of the Attorney General to study the creation of a state medical examiner system.

     SB 78: FOR AN ACT ENTITLED, An Act to  provide for a plan to be presented to the Legislature regarding the need for additional drug courts and certain other correctional issues.

     SB 80: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district.

     SB 106: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the distribution of funds to sparse school districts, and to appropriate funds to distribute to sparse school districts.

     SB 115: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the initiation of modifications to county comprehensive plans.

     SB 117: FOR AN ACT ENTITLED, An Act to  revise certain budgetary provisions relating to certain funds received from the federal government.

     SB 144: FOR AN ACT ENTITLED, An Act to  require certain contracts to be retained in the contract's original format or made available by a publicly accessible internet website or database.

     SB 147: FOR AN ACT ENTITLED, An Act to  provide for public access to public records, to provide certain exemptions, and to provide for judicial remedies for noncompliance.

     SB 186: FOR AN ACT ENTITLED, An Act to  provide for the imposition of a late payment fee for certain chronically delinquent child support obligations.

     HB 1038: FOR AN ACT ENTITLED, An Act to  increase the license fees for coin-operated washers and dryers, to increase the brand registration fees on certain alcoholic beverages, to increase the fees for certain malt beverage and wine licenses, and to revise the distribution of certain malt beverage and wine license fees.

     HB 1060: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the mortgage lender business and to provide for fees and penalties related thereto.

     HB 1070: FOR AN ACT ENTITLED, An Act to  revise certain fees pertaining to seed permits and nursery certificates of inspection.

     HB 1072: FOR AN ACT ENTITLED, An Act to  increase the gross receipts tax imposed on visitor-related businesses.

     HB 1163: FOR AN ACT ENTITLED, An Act to  provide for excusing certain elderly persons from jury duty upon request.

     HB 1176: FOR AN ACT ENTITLED, An Act to  revise the earnings requirement for the purpose of receiving unemployment insurance benefits.

     HB 1183: FOR AN ACT ENTITLED, An Act to  leverage public investments in higher education facilities and grant programs with private moneys, to authorize the Board of Regents and the South Dakota Building Authority to contract for construction of the Higher Education Center-West River, to fund certain postsecondary education grant programs, to authorize the use of higher education facilities funds to construct the new dairy manufacturing plant at South Dakota State University in Brookings, and to make an appropriation therefor.

     HB 1207: FOR AN ACT ENTITLED, An Act to  provide for the reduction of certain sentences upon provision of substantial assistance from the recipient.

     HB 1215: FOR AN ACT ENTITLED, An Act to  transfer funds from the tax relief fund to the general fund and to revise certain provisions concerning the effective date of the collection allowance.

     HB 1239: FOR AN ACT ENTITLED, An Act to  create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions in the state.

     HB 1246: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to service of garnishee summons, affidavit, and garnishment disclosure.

     HB 1260: FOR AN ACT ENTITLED, An Act to  require that a request for proposals be issued for certain state contracts for professional services.

     HB 1271: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority and the Department of Corrections to provide for the purchase, design, construction, and equipping of a combined minimum security/parole facility in Rapid City for the Department of Corrections.

     HB 1280: FOR AN ACT ENTITLED, An Act to  create reduced ignition propensity standards for cigarettes, to authorize the state fire marshal to monitor such standards, and to provide penalties therefor.

     And signed the same in the presence of the Senate.

     Sen. Fryslie moved that the Senate do now adjourn, which motion prevailed and at 4:39 p.m the Senate adjourned.

Trudy Evenstad, Secretary