JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




THIRTY-NINTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 13, 2009

     The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by House page Erin Jensen.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Timothy A. Rave, Chair

     Which motion prevailed.
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 12, 2009, I approved House Bill 1177, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF CONFERENCE COMMITTEES

Cc42A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 42 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 42 be amended as follows:

42fg


     On page 1, after line 14 of the House engrossed bill, insert:

"      Section 2. That chapter 10-59 be amended by adding thereto a NEW SECTION to read as follows:

     Any claim for refund by a taxpayer that is based upon or arose because of the South Dakota Supreme Court's decision in In the Matter of the Sales Tax Liability of James Pirmantgen & Patricia Carlson, 2008 SD 127 (December 23, 2008), must be filed with the owner of a mini- storage or self-storage facility on or before September 15, 2009. Each owner of a mini-storage or self-storage facility is immune from any sales tax liability to the taxpayer after September 15, 2009. However, if any sales taxes is refunded by the Department of Revenue and Regulation to the owner, the owner is not immune until the owner has refunded the sales taxes to the taxpayer.".

Respectfully submitted,    Respectfully submitted,
Kristi Noem    Tom Hansen
House Committee Chair    Senate Committee Chair


Cc153A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 153 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 153 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Joni Cutler    Thomas Dempster
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1237.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on HB 1281 and no new committee was appointed.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Cutler moved that the report of the Conference Committee on HB 1079 as found on pages 803 and 804 of the House Journal be adopted.

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

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0


     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; 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; Kopp; 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

     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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1038, 1060, 1072, 1163, 1183, 1239, and 1280 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., March 13, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1153 and 1254 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1153: FOR AN ACT ENTITLED, An Act to  revise the elements of the crime of indecent exposure involving a child, to revise the elements of the crime of indecent exposure, and to establish the crime of private indecent exposure.

     HB 1254: FOR AN ACT ENTITLED, An Act to  exclude any federal stimulus funds in a school district's general fund when determining its allowable general fund balance.

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

     And signed the same in the presence of the House.

     Rep. Faehn moved that the House do now recess until 11:30 a.m., which motion prevailed and at 10:10 a.m., the House recessed.

RECESS

     The House reconvened at 11:30 a.m., the Speaker Pro tempore presiding.


     There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 13, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 12, 2009, I approved House Bills 1070, 1207, 1260, and 1271, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

     Rep. Hunt moved that the House do now recess until 12:30 p.m., which motion prevailed and at 11:32 a.m., the House recessed.

RECESS

     The House reconvened at 12:30 p.m., the Speaker Pro tempore presiding.


COMMUNICATIONS AND PETITIONS
(continued)

March 13, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 13, 2009, I approved House Bills 1176, 1246, 1252, and 1301, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 42.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 153.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to concur in HCR 1020.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Putnam moved that the report of the Conference Committee on HB 1237 as found on pages 808 and 809 of the House Journal be adopted.

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



     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; 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; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Peters

     Excused:
Dennert

     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. Rave moved that the report of the Conference Committee on SB 72 as found on page 803 of the House Journal be adopted.

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

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; 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:
Fargen


     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. Noem moved that the report of the Conference Committee on SB 42 as found on page 814 of the House Journal be adopted.

     The question being on Rep. Noem's motion that the report of the Conference Committee on SB 42 be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; 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; Kopp; 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

     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. Cutler moved that the report of the Conference Committee on SB 153 as found on page 815 of the House Journal be adopted.

     The question being on Rep. Cutler's motion that the report of the Conference Committee on SB 153 be adopted.

     And the roll being called:

     Yeas 46, Nays 24, Excused 0, Absent 0

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


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

     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 House do now recess until 2:30 p.m., which motion prevailed and at 12:51 p.m., the House recessed.

RECESS

     The House reconvened at 2:30 p.m., the Speaker Pro tempore presiding.

     Rep. Gosch moved that the House do now recess until 3:15 p.m., which motion prevailed and at 2:31 p.m., the House recessed.

RECESS

     The House reconvened at 3:15 p.m., the Speaker presiding.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1300 and returns the same with the recommendation that said bill be amended as follows:

1300ad

     On page 11, line 18 of the printed bill, DECREASE operating expenses GENERAL FUNDS $37,355

    On page 11, line 18, DECREASE operating expenses FEDERAL FUNDS $27,216

    On page 15, line 39, DECREASE operating expenses OTHER FUNDS $194,000



    On page 18, line 10, DECREASE operating expenses OTHER FUNDS $2,864

    On page 27, line 55, DECREASE operating expenses GENERAL FUNDS $71

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services, Department of Transportation, Department of Public Safety, and the State Auditor - This amendment is due to adjustments in the Bureau of Information and Telecommunications billing rate. (BFM1)


1300bo

     On page 9, line 11 of the printed bill, DECREASE operating expenses OTHER FUNDS $1,163,159

Adjust all totals accordingly.

DESCRIPTION: Department of Tourism and State Development - This amendment is due to updated gaming and promotion tax revenue estimates indicating that the additional expenditure authority will no longer be needed. (BFM2)


1300uq

     On page 24, line 3 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $96,000

Adjust all totals accordingly.

DESCRIPTION: Department of Human Services - This amendment adds authority for a Transformation Transfer Initiative Grant received by the Division of Mental Health.(BFM3)


1300bp

     On page 10, between lines 7 and 8 of the printed bill, insert a new section to read as follows:

    (10) South Dakota Ellsworth Development Authority_Informational

        Personal Services, General Funds, "$0"

        Personal Services, Federal Funds, "$75,000"

        Personal Services, Other Funds, "$100,000"

        Operating Expenses, General Funds, "$0"



        Operating Expenses, Federal Funds, "$100,000"

        Operating Expenses, Other Funds, "$100,000"

        F.T.E., "2.5"

Adjust all totals accordingly.

DESCRIPTION: Department of Tourism and State Development - This amendment is due to the passage of HB 1301 which creates the South Dakota Ellsworth Development Authority. (BFM4)


1300af

     On page 7, line 25 of the printed bill, DECREASE operating expenses OTHER FUNDS $87,750

Adjust all totals accordingly.

DESCRIPTION: Department of Agriculture - This amendment is in relationship to amendments that were made to HB1071 the Dairy fee bill. (BFM6)


1300up

     On page 11, line 32 of the printed bill, INCREASE operating expenses GENERAL FUNDS $2,275,690 and INCREASE operating expenses FEDERAL FUNDS $3,604,915

    On page 11, line 35 of the printed bill, INCREASE F.T.E. 1.0

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - This amendment reinstates the budget cuts made to Adult Dental Services ($1,485,987 GF/$2,320,818 FF), Managed Care ($647,360 GF/$1,062,640 FF, 1.0 FTE), and Adult Chiropractic Services ($142,343 GF/$231,457 FF). The American Recovery and Reinvestment Act will not provide funds if the Medicaid program becomes more restrictive than what was in effect July 1, 2008. (BFM8)


1300maj

     On page 16, line 11 of the printed bill, INCREASE operating expenses GENERAL FUNDS $12,220,726

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to the following:


    Updated Enrollments and Valuations                    $ 800,180
    Failure of HB 1067 (Increasing/Decreasing Enrollments)     $ 5,326,683
    Failure of HB 1068 (Hold Levies at Pay 2009 level)        $ 6,093,863
                                                        $12,220,726
(BFM9)

1300mai

     On page 17, line 16 of the printed bill, INCREASE personal services FEDERAL FUNDS $191,449

    On page 17, line 17 of the printed bill, INCREASE operating expenses GENERAL FUNDS $1,850,099

    On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $4,633,540

    On page 17, line 20 of the printed bill, INCREASE F.T.E. 3.0

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment adds funding for the Birth to Three Program. It also includes additional authority for funds from the stimulus package for IDEA Part C (Birth to Three). (BFM10)


1300mah
     On page 17, line 24 of the printed bill, INCREASE operating expenses GENERAL FUNDS $500,000

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment restores the $500,000 of general funds for the Education Service Agencies. (BFM11)


1300uo

     On page 23, line 3 of the printed bill, INCREASE operating expenses GENERAL FUNDS $59,116 and INCREASE operating expenses FEDERAL FUNDS $99,286

Adjust all totals accordingly.

DESCRIPTION: Department of Human Services - This amendment restores budget cuts made to the TBI Program within the Division of Rehabilitation Services in order to receive Title XIX FMAP stimulus package enhancements. (BFM12)



1300ah

     On page 24, line 24 of the printed bill, DECREASE personal services GENERAL FUNDS $7,300.

    On page 24, line 24 of the printed bill, INCREASE personal services OTHER FUNDS $7,300.

Adjust all totals accordingly.

DESCRIPTION: Department of Environment and Natural Resources - This amendment is in relationship to amendments that were made to HB1048, the DENR fee bill. This amendment was made in House Appropriations. (BFM13)


1300ve

     On page 2, between lines 49 and 50 of the printed bill, insert:

    (9) State Government Energy Program

        Personal Services, General Funds, "$0"

        Personal Services, Federal Funds, "$0"

        Personal Services, Other Funds, "$0"

        Operating Expenses, General Funds, "$0"

        Operating Expenses, Federal Funds, "$6,000,000"

        Operating Expenses, Other Funds, "$0"

        F.T.E., "0.0"

Adjust all totals accordingly.

DESCRIPTION: Bureau of Finance and Management - This amendment creates the State Government Energy Program within the Bureau of Finance and Management to group enough federal expenditure authority in one place so that the state may fully utilize energy grant money as a result of the American Recovery and Reinvestment Act of 2009. (BFM14)


1300ai

     On page 4, line 10 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $3,000,000

Adjust all totals accordingly.

DESCRIPTION: Bureau of Information and Telecommunications - This amendment adds authority for the stimulus package in the areas of information technologies. (BFM15)


1300aj

     On page 7, line 25 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $7,435,000

Adjust all totals accordingly.

DESCRIPTION: Department of Agriculture - This amendment increases federal fund expenditure authority to the Fire Suppression budget due to the stimulus package.

The increase is for the following projects: A fire dispatch and forestry field office, Custer State Park fuel management, volunteer fire assistance. (BFM16)


1300ak

     On page 7, line 32 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $421,000.

Adjust all totals accordingly.

DESCRIPTION: Department of Agriculture - This amendment increases federal fund expenditure authority to the Resource Conservation and Forestry budget due to the stimulus package. The increase is for a four state initiative agreement to address the potential introduction of the emerald ash borer into South Dakota. (BFM17)


1300bq

     On page 9, line 32 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $306,000

Adjust all totals accordingly.

DESCRIPTION: Department of Tourism and State Development - This amendment adds authority for the stimulus package for National Endowment for the Arts grants. (BFM18)


1300br

     On page 9, line 46 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $100,000

Adjust all totals accordingly.

DESCRIPTION: Department of Tourism and State Development - This amendment adds authority for the stimulus package for the SD Housing Development Authority. (BFM19)


1300ae

     On page 7, line 25 of the printed bill, INCREASE operating expenses GENERAL FUNDS $12,000

    On page 7, line 25, DECREASE operating expenses OTHER FUNDS $28,737

Adjust all totals accordingly.

DESCRIPTION: Department of Agriculture - This amendment is in relationship to amendments that were made to HB1070 the Nursery and Seed fee bill. (BFM5)


1300al

     On page 10, line 53 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $4,309,000

Adjust all totals accordingly.

DESCRIPTION: Department of Game, Fish, and Parks - This amendment adds federal fund expenditure authority to the Parks and Recreation Development and Improvement program due to the stimulus package.

Projects are as follows: Custer State Park fuel management project, Center Lake lagoon renovation, and campground enhancement funding for Hartford Beach State Park. (BFM20)

1300un

     On page 11, line 32 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $500,000.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - The American Recovery and Reinvestment Act is providing additional funds for elderly nutrition programs with 2/3 of the funds targeted toward congregate meals, and the remaining funds to be used for home delivered meals. (BFM21)



1300ul

     On page 11, line 40 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $5,000,000.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - The American Recovery and Reinvestment Act is providing an increase in Child Care Development funds which must supplement, not supplant, current child care funding. The majority of these funds will be used in the direct assistance area. (BFM22)


1300uk

     On page 11, line 39 of the printed bill, DECREASE personal services GENERAL FUNDS $782,645.

    On page 11, line 39, INCREASE personal services FEDERAL FUNDS $782,645.

    On page 11, line 40, DECREASE operating expenses GENERAL FUNDS $667,355.

    On page 11, line 40, INCREASE operating expenses FEDERAL FUNDS $667,355.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - This amendment decreases general funds by ($1,450,000) and increases federal fund expenditure authority by $1,450,000.The American Recovery and Reinvestment Act allows South Dakota to use federal child support incentive funds to match the federal Title IV-D child support funds. (BFM23)


1300uj

     On page 11, line 32 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $590,318.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - The American Recovery and Reinvestment Act is providing $553,000 to shelters who serve victims of domestic violence and sexual assault, and $37,318 to the crime victims' compensation program. (BFM24)


1300ui

     On page 11, line 25 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $3,000,000.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - The American Recovery and Reinvestment Act is increasing the Community Service Block Grant. Funds must be used by the Community Action Programs which provide services to low income families. (BFM25)


1300uw

     On page 11, line 40 of the printed bill, DECREASE operating expenses GENERAL FUNDS $534,786 and INCREASE operating expenses FEDERAL FUNDS $534,786.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - IV-E federal funds are matched at the same rate as the Federal Medical Assistance Percentage (FMAP) rate. The general fund match for Title IV-E will decrease by 6.2% as enacted through the American Recovery and Reinvestment Act. (BFM26)


1300ux

     On page 11, line 32 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $857,968.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - The American Recovery and Reinvestment Act is providing additional funds for law enforcement, prosecution, victims' service programs, and the court system. (BFM27)


1300uv

     On page 11, line 25 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $22,000,000.

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - The American Recovery and Reinvestment Act is increasing funding for weatherizing low income homes throughout the state. (BFM28)


1300uu

     On page 11, line 55 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $5,000,000.

Adjust all totals accordingly.

DESCRIPTION: Department of Health - This amendment adds federal fund expenditure authority to the Administration budget to perform Health Information Technology activities. The funds are from the American Recovery and Reinvestment Act. (BFM29)


1300ut

     On page 12, line 10 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $276,935.

Adjust all totals accordingly.

DESCRIPTION: Department of Health - This amendment adds federal fund expenditure authority to the Health and Medical Services budget to purchase childhood vaccines. The funds are from the American Recovery and Reinvestment Act. (BFM30)


1300am

     On page 15, line 39 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $3,000,000

Adjust all totals accordingly.

DESCRIPTION: Department of Transportation - This amendment adds authority to the transit program due to the stimulus package. (BFM31)


1300an

     On page 15, line 39 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $3,240,000

Adjust all totals accordingly.

DESCRIPTION: Department of Transportation - This amendment adds authority for Transportation Enhancements at the local level due to the stimulus package. (BFM32)


1300ao

     On page 15, line 46 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $97,760,000.

Adjust all totals accordingly.


DESCRIPTION: Department of Transportation - This amendment adds authority for Contract Construction due to the stimulus package. (BFM33)

1300mag

     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $3,209,375

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for Title II Part D Ed Technology grants. (BFM34)


1300maf

     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $106,000

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for Title VII-B Homeless. (BFM35)


1300mae

     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $34,650,000

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for Title I grants to LEAs. (BFM36)


1300mad


     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $8,933,000

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for Title I School Improvement Funds. (BFM37)



1300mac

     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $15,815,432

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for IDEA Part B grants to State. (BFM38)


1300mab

     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $760,139

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for IDEA Part B Preschool grants. (BFM39)


1300maa

     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $308,000

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for school lunch equipment. (BFM40)


1300mz

     On page 17, line 17 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $231,000

Adjust all totals accordingly.

DESCRIPTION: Department of Education - This amendment is needed due to funding from the stimulus package for the Emergency Food Assistance Program (TEFAP). (BFM41)



1300my

     On page 18, line 25 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $882,000

Adjust all totals accordingly.

DESCRIPTION: Board of Regents - This amendment adds funding for enhancing the work study program in the federal stimulus package. (BFM42)


1300mx

     On page 18, line 25 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $22,168,182.

Adjust all totals accordingly.

DESCRIPTION: Board of Regents - This amendment adds funding for the increase in pell grants included in the federal stimulus package. (BFM43)


1300us

     On page 23, line 3 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $720,000

Adjust all totals accordingly.

DESCRIPTION: Department of Human Services - This amendment adds authority for the stimulus package for vocational rehabilitation. (BFM44)


1300ur

     On page 23, line 3 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $242,913

    On page 23, line 45 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $3,170

Adjust all totals accordingly.

DESCRIPTION: Department of Human Services - This amendment adds authority for the stimulus package for independent living services. (BFM45)



1300ap

     On page 24, line 18 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $19,239,100

Adjust all totals accordingly.

DESCRIPTION: Department of Environment and Natural Resources - This amendment adds federal authority to the Financial and Technical Assistance budget for the Clean Water SRF program due to the stimulus package. (BFM46)


1300aq

     On page 24, line 18 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $19,500,000

Adjust all totals accordingly.

DESCRIPTION: Department of Environment and Natural Resources - This amendment adds federal authority to the Financial and Technical Assistance budget for the Drinking Water SRF program due to the stimulus package. (BFM47)


1300ar

     On page 24, line 25 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $1,750,000

Adjust all totals accordingly.

DESCRIPTION: Department of Environment and Natural Resources - This amendment adds federal authority to the Environmental Services budget for diesel grants due to the stimulus package. (BFM48)


1300as

     On page 24, line 25 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $1,500,000

Adjust all totals accordingly.

DESCRIPTION: Department of Environment and Natural Resources - This amendment adds federal authority to the Environmental Services budget for Lust Trust grants due to the stimulus package. (BFM49)



1300bs

     On page 17, line 53 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $329,765

Adjust totals accordingly.

DESCRIPTION: Department of Public Safety - This amendment adds federal fund expenditure authority to the Highway Patrol due to the stimulus package Byrne/JAG funding for technology and equipment. (BFM50)


1300bt

     On page 26, line 3 of the printed bill, INCREASE personal services FEDERAL FUNDS $286,000

On Page 26, line 4 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $415,055

Adjust totals accordingly.

DESCRIPTION: Office of the Attorney General - This amendment adds federal fund expenditure authority to Legal Services due to the stimulus package Byrne/JAG funding. (BFM51)


1300bu

     On page 26, line 3 of the printed bill, INCREASE Personal Services FEDERAL FUNDS $55,000

    On page 26, line 4 of the printed bill, INCREASE Operating Expenses FEDERAL FUNDS $7,500

Adjust totals accordingly.

DESCRIPTION: Office of the Attorney General - This amendment adds federal fund expenditure authority to Legal Services due to the stimulus package Internet Crimes Against Children (ICAC) funding. (BFM52)


1300um

     On page 11, line 32 of the printed bill, DECREASE operating expenses GENERAL FUNDS $30,925,385 and INCREASE operating expenses FEDERAL FUNDS $31,727,392.

    On page 11, line 40, DECREASE operating expenses GENERAL FUNDS $1,137,904 and INCREASE operating expenses FEDERAL FUNDS $1,137,904.

    On page 17, line 17, DECREASE operating expenses GENERAL FUNDS $11,882 and INCREASE operating expenses FEDERAL FUNDS $11,882

    On page 21, line 45, DECREASE operating expenses GENERAL FUNDS $759,430 and INCREASE operating expenses FEDERAL FUNDS $759,430

    On page 22, line 32, DECREASE operating expenses GENERAL FUNDS $15,514 and INCREASE operating expenses FEDERAL FUNDS $15,514

    On page 22, line 39, DECREASE operating expenses GENERAL FUNDS $5,603,634 and INCREASE operating expenses FEDERAL FUNDS $5,603,634

    On page 22, line 46, DECREASE operating expenses GENERAL FUNDS $1,438,013 and INCREASE operating expenses FEDERAL FUNDS $1,438,013

    On page 22, line 53, DECREASE operating expenses GENERAL FUNDS $293,013 and INCREASE operating expenses FEDERAL FUNDS $293,013

    On page 23, line 3, DECREASE operating expenses GENERAL FUNDS $246,531 and INCREASE operating expenses FEDERAL FUNDS $246,531

    On page 23, line 52, DECREASE operating expenses GENERAL FUNDS $615,493 and INCREASE operating expenses FEDERAL FUNDS $615,493

    On page 24, line 3, DECREASE operating expenses GENERAL FUNDS $894,532 and INCREASE operating expenses FEDERAL FUNDS $894,532

Adjust all totals accordingly.

DESCRIPTION: FMAP: Department of Social Services, Department of Education, Department of Corrections, Department of Human Services - This amendment decreases general funds by ($41,941,331) and increases federal fund expenditure authority by $42,743,338 due to the increase in the Federal Medical Assistance Percentage (FMAP) rate. This FMAP rate increase of 6.2% is part of the American Recovery and Reinvestment Act. (BFM53)


1300bw

     On page 20, line 18 of the printed bill, INCREASE operating expenses FEDERAL FUNDS $439,905

Adjust all totals accordingly.

DESCRIPTION: Department of Military and Veterans Affairs - This amendment increases federal fund expenditure authority to the Army Guard budget due to the stimulus package.



The increase is for projects at the Huron Airport, Range Road Armory, and the Brookings Armory. (BFM54)

1300bz

     On page 9, line 11 of the printed bill, DECREASE operating expenses GENERAL FUNDS $2,000,000 and INCREASE operating expenses OTHER FUNDS $2,000,000

     On page 9, line 31, INCREASE personal services OTHER FUNDS $209,321

     On page 9, line 32, INCREASE operating expenses FEDERAL FUNDS $746,863 and INCREASE operating expenses OTHER FUNDS $572,188

     On page 9, line 35, INCREASE FTEs 3.0

     On page 9, line 38, INCREASE personal services FEDERAL FUNDS $73,042 and INCREASE personal services OTHER FUNDS $767,762

     On page 9, line 39, INCREASE operating expenses FEDERAL FUNDS $40,000 and INCREASE operating expenses OTHER FUNDS $1,029,682

     On page 9, line 42, INCREASE FTEs 17.0

Adjust all totals accordingly.

DESCRIPTION: Department of Tourism and State Development - Due to the passage of HB 1072, this amendment replaces two million dollars in general funds used for the Challenge Grants with other funds, restores the Arts Division, and restores the Archeological Research Center. (BFM56)


1300vb

     On page 1, line 17 of the printed bill, DECREASE personal services GENERAL FUNDS $127,369 and DECREASE personal services FEDERAL FUNDS $14,825

     On page 1, line 18, DECREASE operating expenses GENERAL FUNDS $31,309 and DECREASE operating expenses FEDERAL FUNDS $3,379

Adjust all totals accordingly.

DESCRIPTION: Office of the Governor - Decrease personal services and operating expenses by 7%.



1300va

     On page 1, line 18 of the printed bill, INCREASE operating expenses GENERAL FUNDS $100,000

Adjust all totals accordingly.

DESCRIPTION: Office of the Governor - Restore previously eliminated funding for the Midwest Higher Education Compact and International Legislator's Forum.


1300aa

     On page 4, line 17 of the printed bill, DECREASE operating expenses GENERAL FUNDS $100,000

Adjust all totals accordingly.

DESCRIPTION: SDPB - Reduce general funds within South Dakota Public Broadcasting by postponing the purchases of capital assets.


1300ab

     On page 8, line 45 of the printed bill, INCREASE operating expenses GENERAL FUNDS $400,000

Adjust all totals accordingly.

DESCRIPTION: State Fair - Increase general funds for the State Fair.


1300uc

     On page 11, line 32 of the printed bill, INCREASE operating expenses GENERAL FUNDS $973,020 and INCREASE operating expenses FEDERAL FUNDS $2,153,650

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - Increase to rebase long-term care facilities.


1300mk

     On page 18, line 24 of the printed bill, DECREASE Personal Services GENERAL FUNDS $44,522

    On page 18, line 25, DECREASE Operating Expenses GENERAL FUNDS $120,478



    On page 18, line 38, DECREASE Personal Services GENERAL FUNDS $195,258

    On page 18, line 39, DECREASE Operating Expenses GENERAL FUNDS $16,769

    On page 18, line 52, DECREASE Personal Services GENERAL FUNDS $190,921

    On page 18, line 53, DECREASE Operating Expenses GENERAL FUNDS $19,473

    On page 19, line 9, DECREASE Personal Services GENERAL FUNDS $380,349

    On page 19, line 10, DECREASE Operating Expenses GENERAL FUNDS $19,651

    On page 19, line 16, DECREASE Personal Services GENERAL FUNDS $66,799

    On page 19, line 17, DECREASE Operating Expenses GENERAL FUNDS $8,201

    On page 19, line 23, DECREASE Personal Services GENERAL FUNDS $65,090

    On page 19, line 24, DECREASE Operating Expenses GENERAL FUNDS $10,087

    On page 19, line 30, DECREASE Personal Services GENERAL FUNDS $68,122

    On page 19, line 31, DECREASE Operating Expenses GENERAL FUNDS $6,878

    On page 19, line 37, DECREASE Personal Services GENERAL FUNDS $51,565

    On page 19, line 38, DECREASE Operating Expenses GENERAL FUNDS $5,836

Adjust all totals accordingly.

Description: Board of Regents - Cut $1,270,000 in General Funds allocated as follows: BOR Central Office - $165,000; USD - $200,000; SDSU - $200,000; AES - $400,000; NSU - $75,000; BHSU - $75,000; SDSM&T - $75,000; DSU - $50,000; and the Sioux Falls Higher Education Center - $30,000


1300mh

     On page 19, line 2 of the printed bill, INCREASE personal services GENERAL FUNDS $800,000

Adjust all totals accordingly.

DESCRIPTION: Board of Regents - Restore 80% of the cut to the Cooperative Extension Service.



1300mu

     On page 19, line 44 of the printed bill, INCREASE personal services GENERAL FUNDS $2,000,000 and INCREASE FTEs 25.0

Adjust all totals accordingly.

DESCRIPTION: SD School for the Deaf - Restore proposed budget cuts as per recommendation of the Appropriations Subcommittee on the SD School for the Deaf.


1300ua

     On page 22, line 39 of the printed bill, INCREASE operating expenses GENERAL FUNDS $125,000

Adjust all totals accordingly.

DESCRIPTION: Human Services - restore funding for the autism grant program


1300vc

     On page 25, line 32 of the printed bill, INCREASE GENERAL FUNDS $104,852

Adjust all totals accordingly.

DESCRIPTION: Legislative Research Council - Restore funding for 40-day session of the Legislature.


1300bb

     On page 26, line 10 of the printed bill, INCREASE personal services OTHER FUNDS $72,061

     On page 26, line 11, INCREASE operating expenses OTHER FUNDS $624,206

     On page 26, line 14, INCREASE FTEs 1.0

Adjust all totals accordingly.

DESCRIPTION: Attorney General--To provide funding and FTE for two half-time drug diversion field agents and to provide additional SCRAM funds.



1300bn

     On page 27, line 39 of the printed bill, DECREASE personal services OTHER FUNDS $630,111

Adjust all totals accordingly.

DESCRIPTION: This amendment removes the requested increase for the Investment Council's individual salary policy and incentive program for FY2010. This will align with the removal of all state salary increases.


1300ba

     On page 27, line 55 of the printed bill, INCREASE operating expenses OTHER FUNDS $100,000

Adjust all totals accordingly.

DESCRIPTION: Office of State Auditor--This amendment is needed due to passage of HB 1097 which established a fifty dollar fee, called the commission on equal access to our courts surcharge, to be collected by the clerk of courts for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support. This other fund expenditure authority will allow the Commission on Equal Access to Our Courts to spend the fees collected on allowable costs of the commission. The Office of the State Auditor has agreed to administer these funds on behalf of the commission.


1300maq

     On page 11, line 28 of the printed bill, INCREASE FTEs 1.0

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - Due to the passage of HB 1237 as amended, the Department of Social Services' Economic Assistance program needs an FTE to manage the sales tax on food refund program. This FTE was originally cut in the Governor's revised budget recommendation. (BFM58)


1300av

     On page 1, line 17 of the printed bill, DECREASE personal services GENERAL FUNDS $34,024 and DECREASE personal services FEDERAL FUNDS $6,160

     On page 1, line 18, DECREASE operating expenses GENERAL FUNDS $8,362 and DECREASE operating expenses FEDERAL FUNDS $1,372

Adjust all totals accordingly.

DESCRIPTION: Office of the Governor - Decrease personal services and operating expenses by two percent.


1300baa

     On page 18, line 39 of the printed bill, INCREASE operating expenses GENERAL FUNDS $237,251

Adjust all totals accordingly.

DESCRIPTION: Provide funding for a master's degree in social work at USD.


1300ay
     On page 16, line 11 of the printed bill, DECREASE operating expenses GENERAL FUNDS $23,329,476 and INCREASE operating expenses FEDERAL FUNDS $23,329,476

    On page 17, line 3, DECREASE operating expenses GENERAL FUNDS $1,348,504 and INCREASE operating expenses FEDERAL FUNDS $1,348,504

    On page 18, line 39, DECREASE operating expenses GENERAL FUNDS $2,586,386 and INCREASE operating expenses FEDERAL FUNDS $2,586,386

    On page 18, line 46, DECREASE operating expenses GENERAL FUNDS $1,643,875 and INCREASE operating expenses FEDERAL FUNDS $1,643,875

    On page 18, line 53, DECREASE operating expenses GENERAL FUNDS $3,705,723 and INCREASE operating expenses FEDERAL FUNDS $3,705,723

    On page 19, line 17, DECREASE operating expenses GENERAL FUNDS $1,210,039 and INCREASE operating expenses FEDERAL FUNDS $1,210,039

    On page 19, line 24, DECREASE operating expenses GENERAL FUNDS $978,441 and INCREASE operating expenses FEDERAL FUNDS $978,441

    On page 19, line 31, DECREASE operating expenses GENERAL FUNDS $672,955 and INCREASE operating expenses FEDERAL FUNDS $672,955

    On page 19, line 38, DECREASE operating expenses GENERAL FUNDS $677,516 and INCREASE operating expenses FEDERAL FUNDS $677,516

    On page 20, line 54, DECREASE operating expenses GENERAL FUNDS $8,043,803 and INCREASE operating expenses FEDERAL FUNDS $8,043,803

Adjust all totals accordingly.



DESCRIPTION: Department of Education, Board of Regents, Department of Corrections - This reduces $44,196,718 in general funds and adds $44,196,718 in federal fund expenditure authority due to the education fiscal stabilization grant included in the stimulus package. (BFM) (Prepared retroactively to reflect committee action already taken.)

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on HB 1300 as found on pages 821 to 843 to of the House Journal be adopted.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1300: 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.

1300uac

     Rep. Dennert moved that HB 1300 be amended as follows:

     On page 11, line 40 of the House Appropriations Committee engrossed bill, INCREASE operating expenses GENERAL FUNDS $318,310 and INCREASE operating expenses FEDERAL FUNDS $142,421

     On page 11, line 47, INCREASE operating expenses GENERAL FUNDS $3,075,804 and INCREASE operating expenses FEDERAL FUNDS $6,314,290

     On page 11, line 54, INCREASE operating expenses GENERAL FUNDS $312,915 and INCREASE operating expenses FEDERAL FUNDS $243,068 and INCREASE operating expenses OTHER FUNDS $4,085

     On page 12, line 40, INCREASE operating expenses OTHER FUNDS $16,581
     On page 17, line 32, INCREASE operating expenses FEDERAL FUNDS $57,672

     On page 21, line 12, INCREASE operating expenses GENERAL FUNDS $21,134

     On page 22, line 4, INCREASE operating expenses GENERAL FUNDS $158,409 and INCREASE operating expenses FEDERAL FUNDS $129,022

     On page 22, line 47, INCREASE operating expenses GENERAL FUNDS $2,276

     On page 22, line 54, INCREASE operating expenses GENERAL FUNDS $464,151 and INCREASE operating expenses FEDERAL FUNDS $978,349

     On page 23, line 11, INCREASE operating expenses GENERAL FUNDS $148,934 and INCREASE operating expenses FEDERAL FUNDS $47,124

     On page 23, line 18, INCREASE operating expenses GENERAL FUNDS $31,209 and INCREASE operating expenses FEDERAL FUNDS $37,810

     On page 24, line 18, INCREASE operating expenses GENERAL FUNDS $205,215 and INCREASE operating expenses FEDERAL FUNDS $154,809 and INCREASE operating expenses OTHER FUNDS $4,553
     On page 25, line 34, INCREASE operating expenses GENERAL FUNDS $21,199

Adjust all totals accordingly.

DESCRIPTION: Provider Inflation. Increase provider inflation by 1.5 %.


     Rep. Faehn moved the previous question.

     The Speaker, being in doubt of the voice vote, called for a division of the House.

     Rep. Faehn's motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Dennert's motion that HB 1300 be amended.

     And the roll being called:

     Yeas 25, Nays 45, Excused 0, Absent 0


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

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

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

1300mas

     Rep. Feinstein moved that HB 1300 be amended as follows:

     On page 3, line 4 of the House Appropriations Committee engrossed bill, DECREASE operating expenses GENERAL FUNDS $641 and DECREASE operating expenses OTHER FUNDS $12,953

    On page 4, line 4, DECREASE operating expenses OTHER FUNDS $40,705

    On page 5, line 19, DECREASE operating expenses GENERAL FUNDS $284 and DECREASE operating expenses OTHER FUNDS $61,922

    On page 7, line 40, DECREASE operating expenses GENERAL FUNDS $11,715 and DECREASE operating expenses FEDERAL FUNDS $28,753 and DECREASE operating expenses OTHER FUNDS $157,565

    On page 10, line 40, DECREASE operating expenses GENERAL FUNDS $1,856 and DECREASE operating expenses OTHER FUNDS $23,376

    On page 11, line 33, DECREASE operating expenses GENERAL FUNDS $51,381 and DECREASE operating expenses FEDERAL FUNDS $102,630 and DECREASE operating expenses OTHER FUNDS $1,676

    On page 12, line 12, DECREASE operating expenses GENERAL FUNDS $9,924 and DECREASE operating expenses FEDERAL FUNDS $58,454 and DECREASE operating expenses OTHER FUNDS $56,431

    On page 14, line 26, DECREASE operating expenses GENERAL FUNDS $1,364 and DECREASE operating expenses FEDERAL FUNDS $86,907 and DECREASE operating expenses OTHER FUNDS $14,722


    On page 15, line 54, DECREASE operating expenses OTHER FUNDS $516,598

    On page 16, line 19, DECREASE operating expenses GENERAL FUNDS $58,610 and DECREASE operating expenses FEDERAL FUNDS $23,852 and DECREASE operating expenses OTHER FUNDS $537

    On page 18, line 12, DECREASE operating expenses GENERAL FUNDS $5,670 and DECREASE operating expenses FEDERAL FUNDS $90,485 and DECREASE operating expenses OTHER FUNDS $32,679

    On page 18, line 41, DECREASE operating expenses GENERAL FUNDS $90,876 and DECREASE operating expenses FEDERAL FUNDS $9,146 and DECREASE operating expenses OTHER FUNDS $250,730

    On page 19, line 10, DECREASE personal services GENERAL FUNDS $282,448 and DECREASE personal services FEDERAL FUNDS $60,609 and DECREASE personal services OTHER FUNDS $366,977

    On page 19, line 17, DECREASE personal services GENERAL FUNDS $48,512 and DECREASE personal services FEDERAL FUNDS $32,105 and DECREASE personal services OTHER FUNDS $5,276

    On page 19, line 24, DECREASE personal services GENERAL FUNDS $69,559 and DECREASE personal services FEDERAL FUNDS $45,250 and DECREASE personal services OTHER FUNDS $29,977

    On page 19, line 31, DECREASE personal services GENERAL FUNDS $90,565 and DECREASE personal services FEDERAL FUNDS $33,165 and DECREASE personal services OTHER FUNDS $62,939

    On page 19, line 38, DECREASE personal services GENERAL FUNDS $71,184 and DECREASE personal services FEDERAL FUNDS $8,096 and DECREASE personal services OTHER FUNDS $63,213

    On page 19, line 45, DECREASE personal services GENERAL FUNDS $51,311 and DECREASE personal services FEDERAL FUNDS $29,329 and DECREASE personal services OTHER FUNDS $105,393

    On page 19, line 52 DECREASE personal services GENERAL FUNDS $50,186 and DECREASE personal services FEDERAL FUNDS $5,339 and DECREASE personal services OTHER FUNDS $53,968

    On page 20, line 2, DECREASE personal services GENERAL FUNDS $7,100 and DECREASE personal services FEDERAL FUNDS $204

    On page 20, line 9, DECREASE personal services GENERAL FUNDS $16,705 and DECREASE personal services FEDERAL FUNDS $1,812


    On page 20, line 25, DECREASE operating expenses GENERAL FUNDS $20,663 and DECREASE operating expenses FEDERAL FUNDS $661 and DECREASE operating expenses OTHER FUNDS $587

    On page 21, line 12, DECREASE operating expenses GENERAL FUNDS $74,656 and DECREASE operating expenses FEDERAL FUNDS $19,036 and DECREASE operating expenses OTHER FUNDS $11,861

    On page 22, line 47, DECREASE operating expenses GENERAL FUNDS $918 and DECREASE operating expenses FEDERAL FUNDS $1,255 and DECREASE operating expenses OTHER FUNDS $60

    On page 25, line 12, DECREASE operating expenses GENERAL FUNDS $772 and DECREASE operating expenses FEDERAL FUNDS $374 and DECREASE operating expenses OTHER FUNDS $20,707

    On page 25, line 34, DECREASE operating expenses GENERAL FUNDS $92,305 and DECREASE operating expenses FEDERAL FUNDS $5,788 and DECREASE operating expenses OTHER FUNDS $106,944

    On page 25, line 48, DECREASE GENERAL FUNDS $155,644

    On page 27, line 5, DECREASE operating expenses GENERAL FUNDS $2,076 and DECREASE operating expenses OTHER FUNDS $3,970

    On page 28, line 11, DECREASE operating expenses GENERAL FUNDS $1159

Adjust all totals accordingly.

DESCRIPTION: Legislative Research Council - Eliminate all budgeted funds for out-of-state legislative travel.

DESCRIPTION: Decrease personal services authority by 2% for all annual salaries from $75,000 to $100,000, and by 5% for all annual salaries above $100,000 for the Department of Higher Education.

DESCRIPTION: To decrease ALL TRAVEL budgets due to reduced fuel prices and travel restrictions. Reductions are prorated based on GFO split. The cuts are applied, in most instances, to one budget line in each agency with the knowledge that each agency head has the authority to make transfers within their agency to best accommodate this reduction.

DESCRIPTION: Savings maintenance costs realized through sale of King Air 200


     Rep. Noem moved the previous question.

     Which motion prevailed.



     A roll call vote was requested and supported.

     The question being on Rep. Feinstein's motion that HB 1300 be amended.

     And the roll being called:

     Yeas 25, Nays 45, Excused 0, Absent 0

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

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

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     Rep. Noem moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1300 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent 0

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

     Nays:
Blake; Burg; Curd; Cutler; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Nygaard; Peters; Russell; Schrempp; Solberg; Sorenson; Street; Thompson; Van Gerpen; Vanderlinde; Wismer


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

     Rep. Faehn moved that the House do now recess until 5:39 p.m., which motion prevailed and at 4:39 p.m., the House recessed.

RECESS

     The House reconvened at 5:39 p.m., the Speaker presiding.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1300 which has passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on Monday, March 30th, the 40th legislative day.

     Which motion prevailed.

     Rep. Faehn moved that the House do now recess until 5:45 p.m., which motion prevailed and at 5:40 p.m., the House recessed.

RECESS

     The House reconvened at 5:45 p.m., the Speaker presiding.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1153 and 1254 were delivered to his Excellency, the Governor, for his approval at 11:15 a.m., March 13, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1079, 1237, and 1300 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1079: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the sex offender registry.

     HB 1237: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund certain property and sales tax refunds for elderly persons and persons living with a disability, 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.

     HB 1300: 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.

     SB 42: FOR AN ACT ENTITLED, An Act to  provide an application deadline for sales and use tax refunds regarding certain storage facilities.

     And signed the same in the presence of the House.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1079, 1237, and 1300 were delivered to his Excellency, the Governor, for his approval at 5:45 p.m., March 13, 2009.

Respectfully submitted,
Timothy A. Rave, Chair

     Rep. Rausch moved that the House do now adjourn, which motion prevailed and at 5:48 p.m. the House adjourned.

Karen Gerdes, Chief Clerk