Timothy A. Rave, Chair
On page 1, line 2, of the Senate engrossed bill, after "land" insert "in Sioux Falls".
On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete "and" and
insert "in the contract's original format or".
On page 2, line 20 of the Senate engrossed bill, after "statute" insert ", ordinance, or rule".
On page 4, delete line 7, and insert "The following records are not subject to sections 1,
2, and 4 of this Act:".
On page 5, line 14, delete "Personal information in records regarding personnel of public
bodies" and insert "Personnel information".
On page 5, line 19, after "acts" insert ", emergency management or response, or public
safety,".
On page 5, line 23, delete "owned, operated, or occupied by a government entity".
(12) Correspondence, memoranda, calendars or logs of appointments, working papers, and
records of telephone calls of public officials or employees;".
On page 7, delete line 17, and insert "examination to obtain licensure, employment,
promotion or reclassification, or academic credit;".
On page 7, delete lines 19 and 20, and insert "personal records or documents of any public
official or employee;".
(27) Any other record made closed or confidential by state or federal statute or rule or as
necessary to participate in federal programs and benefits.".
On page 8, line 22, delete "for any construction or repair" and insert ";".
On page 9, delete line 3, and insert "individuals as part of an application for loans or
program services or application for".
No civil or criminal liability may attach to a public official for the mistaken denial or
provision of a record pursuant to this chapter if that action is taken in good faith.".
The name of any person or entity that receives a refund or credit of sales, use, or contractors
excise tax pursuant to this chapter and the amount of any such refund or credit is public
information and shall be available and open to public inspection as provided in
§
1-27-1.".
On page 6 of the Senate engrossed bill, delete line 23, and insert "archeological, historical,
or paleontological significance which nongovernmental donors have requested to remain closed
or which reveal the names and ".
On page 7, line 3, after "Act" insert "and the Archeological Resources Protection Act".
On the printed bill, delete everything after the enacting clause and insert:
Notwithstanding any provision of this chapter, any claim for refund 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 Department of Revenue and Regulation on or before July 1, 2009.
Notwithstanding any provision of this chapter, any claim for refund 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), that is
filed with the Department of Revenue and Regulation after July 1, 2009, is forever barred from
refund eligibility."
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide
an application deadline for sales and use tax refunds regarding certain storage facilities.".
On the printed bill, delete everything after the enacting clause and insert:
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide
for a plan to be presented to the Legislature regarding the need for additional drug courts and
certain other correctional issues.".
Any person who is active duty military with a home of record in South Dakota is considered
to have met the provisions of subdivision 23-7-7.1(6).".
On page 1, between lines 3 and 4 of the Senate Appropriations Committee engrossed bill,
insert:
"
Section 1. That section 4 of Chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(2) Agriculture Services and Assistance
Operating Expenses, Federal Funds, delete "$1,349,591" and insert "$2,524,591"
Adjust all totals accordingly.".
DESCRIPTION: Department of Agriculture - This adds $1,175,000 in federal fund expenditure
authority to the division of Fire Suppression due to the stimulus package. The projects are as
follows: Tribal lands forest health and fuels management project, and Custer State Park fuel
management project. (BFM 4)
On page 1, between lines 3 and 4 of the Senate Appropriations Committee engrossed bill,
insert:
"
Section 1. That section 4 of Chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(3) Agriculture Development and Promotion
Operating Expenses, Federal Funds, delete "$1,236,222" and insert "$17,911,222"
Adjust all totals accordingly.".
DESCRIPTION: Department of Agriculture - This adds $16,675,000 in federal fund expenditure
authority to the division of Resource Conservation and Forestry due to the stimulus package.
The projects are as follows: Wood boiler financing for the State Vets Home, Lead/Deadwood
High School, and BHSU. Other projects include: Community tree health projects, Neim
Enterprises Inc. Co-Generation Plants. (BFM 5)
On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill,
insert:
"
Section 2. That Section 7 of Chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(2) Economic Assistance
Operating Expenses, Federal Funds, delete "$34,530,458" and insert "$38,810,458"
Adjust all totals accordingly."
DESCRIPTION: Department of Social Services - This amendment increases federal fund
expenditure authority by $3,000,000. The American Recovery and Reinvestment Act is
increasing funding for weatherizing low income homes throughout the state.
DESCRIPTION: Department of Social Services - This amendment increases federal fund
expenditure authority by $1,000,000. 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.
DESCRIPTION: Department of Social Services - This amendment increases federal fund
expenditure authority by $280,000. The American Recovery and Reinvestment Act is providing
additional Temporary Assistance for Needy Families (TANF) funds in order to meet increases
in caseloads. (BFM 7)
On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill,
insert:
"
Section 2. That Section 7 of Chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(4) Children's Services
Personal Services, General Funds, delete "$8,817,418" and insert "$8,170,418"
Personal Services, Federal Funds, delete "$8,325,510" and insert "$8,972,510"
Operating Expenses, General Funds, delete "$23,373,230" and insert "$22,445,973"
Operating Expenses, Federal Funds, delete "$43,174,118" and insert "$45,101,375"
Adjust all totals accordingly.".
DESCRIPTION: Department of Social Services - This amendment decreases general funds by
($1,200,000) and increases federal fund expenditure authority by $1,200,000. 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.
DESCRIPTION: Department of Social Services - This amendment increases federal fund
expenditure authority by $1,000,000. 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.
DESCRIPTION: Department of Social Services - This amendment decreases general funds by
($374,257) and increases federal fund expenditure authority by $374,257. 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. (BFM 8)
On page 2, between lines 16 and 17 of the Senate Appropriations Committee engrossed
bill, insert:
"
Section 4. That section 16 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(5) Rehabilitation Services
Operating Expenses, Federal Funds, delete "$11,869,955" and insert "$12,589,955"
(11) Services to the Blind and Visually Impaired
Operating Expenses, Federal Funds, delete "$1,270,094" and insert "$1,630,094"
Adjust all totals accordingly.".
DESCRIPTION: Department of Human Services - This amendment adds $1,080,000 in federal
fund expenditure authority due to the stimulus package for client services. (BFM 12)
On the previously adopted amendment (50ai), in (4) delete "$22,445,973" and insert
"$21,592,545" and delete "$45,101,375" and insert "$45,954,803".
On the previously adopted amendment (50ac), in (11) delete "$153,953,186" and insert
"$153,965,068".
On the previously adopted amendment (50al), in (13) delete "$11,966,380" and insert
"$12,618,086".
On the previously adopted amendment (50am), in (5) delete "$12,589,955" and insert
"$12,770,260".
On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill,
insert:
"
Section 2. That section 7 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(3) Medical and Adult Services
Operating Expenses, General Funds, delete "$215,380,541" and insert "$193,104,770"
Operating Expenses, Federal Funds, delete "$408,133,484" and insert "$430,946,347"
Adjust all totals accordingly.
Section 3. That section 11 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(11) Education Resources
Operating Expenses, General Funds, delete "$6,044,816" and insert "$6,032,934"
Adjust all totals accordingly.".
On page 2, between lines 16 and 17, insert:
"
Section 4. That section 15 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(8) Juvenile Community Corrections
Operating Expenses, General Funds, delete "$10,152,225" and insert $9,474,018"
Operating Expenses, Federal Funds, delete "$8,126,432" and insert "$8,804,639"
Adjust all totals accordingly.
Section 5. That section 16 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(1) Administration, Secretary of Human Services
Operating Expenses, General Funds, delete "$320,749" and insert "$309,113"
Operating Expenses, Federal Funds, delete "$151,635" and insert "$163,271"
(2) Developmental Disabilities
Operating Expenses, General Funds, delete "$37,362,787" and insert "$33,477,031"
Operating Expenses, Federal Funds, delete "$60,250,915" and insert "$64,136,671"
(3) South Dakota Developmental Center-Redfield
Operating Expenses, General Funds, delete "$2,331,175" and insert "$1,237,260"
Operating Expenses, Federal Funds, delete "$3,318,223" and insert "$4,412,138"
(4) Alcohol and Drug Abuse
Operating Expenses, General Funds, delete "$7,111,712" and insert "$6,917,287"
Operating Expenses, Federal Funds, delete "$11,139,099" and insert "$11,333,524"
(5) Rehabilitation Services
Operating Expenses, General Funds, delete "$3,544,834" and insert "$3,364,529"
(12) Human Services Center
Operating Expenses, General Funds, delete "$9,927,038" and insert "$9,470,887"
Operating Expenses, Federal Funds, delete "$1,544,101" and insert "$2,000,252"
(13) Community Mental Health
Operating Expenses, General Funds, delete "$14,657,503" and insert "$14,005,797"
Adjust all totals accordingly.".
DESCRIPTION: This amendment affects the Department of Social Services, the Department
of Education, the Department of Corrections, and the Department of Human Services. This
includes a reduction of $30,293,182 in general funds and an increase of $30,830,274 in federal
fund expenditure authority due to the FMAP rate increase of 6.2% as part of the stimulus
package.
On the previously adopted amendment (50an), in the amend the previously adopted
amendment instruction for (50ac), delete "$153,965,068" and insert "$170,540,638".
On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill,
insert:
"
Section 2. That section 11 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(2) State Aid to General Education
Operating Expenses, General Funds, delete "$335,267,328" and insert "$314,403,735"
Operating Expenses, Federal Funds, delete "$0" and insert "$20,863,593
(9) Postsecondary Vocational Education
Operating Expenses, General Funds, delete "$19,487,140" and insert "$18,281,171"
Operating Expenses, Federal Funds, delete "$0" and insert "$1,205,969"
Adjust all totals accordingly.".
On page 1, after line 14, insert:
" (3) University of South Dakota Proper
Operating Expenses, General Funds, delete "$2,438,077" and insert "$190,921"
Operating Expenses, Federal Funds, delete "$11,492,161" and insert "$13,739,317"
Adjust all totals accordingly.
(4) University of South Dakota School of Medicine
Operating Expenses, General Funds, delete "$2,987,906" and insert "$1,451,932"
Operating Expenses, Federal funds, delete "$10,910,268" and insert "$12,446,242"
Adjust all totals accordingly.".
On page 2, between lines 6 and 7, insert:
" (8) South Dakota School of Mines and Technology
Operating Expenses, General Funds, delete "$1,604, 245" and insert "$522,105"
Operating Expenses, Federal Funds, delete "$10,170,639" and insert "$11,252,779"
Adjust all totals accordingly.
(9) Northern State University
Operating Expenses, General Funds, delete "$1,550,539" and insert "$675,517:
Operating Expenses, Federal Funds, delete "$3,235,700" and insert "$4,110,722"
Adjust all totals accordingly.
(10) Black Hills State University
Operating Expenses, General Funds, delete "$746,186" and insert "$144,361"
Operating Expenses, Federal Funds, delete "$11,773,747" and insert "$12,375,572"
Adjust all totals accordingly.".
On page 2, between lines 16 and 17, insert:
"
Section 4. That section 15 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(1) Administration, Central Office
Operating Expenses, General Funds, delete "$16,687,524" and insert "$9,493,937"
Operating Expenses, Federal Funds, delete "$2,478,818" and insert "$9,672,405"
Adjust all totals accordingly.
DESCRIPTION: This reduces $39,525,205 in general funds and adds $39,525,205 in federal
fund expenditure authority due to the education fiscal stabilization grant included int he stimulus
package.".
On the printed bill, delete everything after the enacting clause and insert:
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise
certain budgetary provisions relating to certain funds received from the federal government.".
A CONCURRENT RESOLUTION,
Urging increased cooperation and collaboration between
state, local, and tribal governments.
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.
WHEREAS,
the South Dakota High School Activities Association conducts state
competitions for nine different categories of girls' athletics, including Class AA, A, and B girls'
basketball, track, golf, cross country, and volleyball championships; Class AA and A gymnastics
team championships; individual and team tennis championships, and dance and cheer
competition championships; and
Rep. Lust moved that SB 37 be amended as follows:
On page 1, line 13, of the House Judiciary Committee engrossed bill, delete everything
after "Section 2." and insert "Any".
Rep. Verchio moved that SB 100 be amended as follows:
On the Senate State Affairs Committee engrossed bill, delete everything after the enacting
clause and insert:
No person may smoke, chew, possess, distribute, or sell any tobacco product. A violation
of this section is a Class 2 misdemeanor."
Rep. Juhnke moved that SB 106 be amended as follows:
On the House Education Committee engrossed bill, delete everything after the enacting
clause and insert:
Rep. Brunner moved as a substitute motion that SB 106 be amended as follows:
On the House Education Committee engrossed bill, delete everything after the enacting
clause and insert:
On page 1, line 1, of the House Education Committee engrossed bill, delete "enhance
education in South Dakota" and insert "revise certain provisions regarding the distribution of
funds to sparse school districts, and to appropriate funds to distribute to sparse school districts".
A LEGISLATIVE COMMEMORATION,
Honoring Savannah Johnson of Spearfish as a
recipient of a 2009 Prudential Spirit of Community Award.
A LEGISLATIVE COMMEMORATION,
Commending the Sturgis Brown High School
Scoopers Wrestling Team on winning the 2009 South Dakota Class A Wrestling
Championship.
WHEREAS,
the Sturgis Brown High School Wrestling Team won the 2009 State Class A
Wrestling Team Championship, together with several individual titles, under the direction of
head coach Steve Keszler; and