JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION



THIRTY-SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 11, 2010

    The House convened at 10:30 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House pages Jacee Dennert and Molly Webster.

    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-fifth 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.
REPORTS OF CONFERENCE COMMITTEES

Cc1053A

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1053 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1053 be amended as follows:

1053rb

    On page 7, line 16 of the Senate engrossed bill, delete "twenty thirty" and insert "twenty".

    On page 7, line 21, after "statements" insert ", as defined in subdivision (5),".

    On page 7, line 24, delete "thirty" and insert "twenty".

Respectfully submitted,    Respectfully submitted,
Justin Cronin    Jason Gant
House Committee Chair    Senate Committee Chair

Cc22A

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 22 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 22 be amended as follows:

22ce


    On page 1 of the House Appropriations Committee engrossed bill, delete lines 5 to 14, inclusive.

    Delete pages 2 to 4, inclusive

    On page 5, delete lines 1 to 9, inclusive.

22ctc


    On page 1, line 1, of the House Appropriations Committee engrossed bill, delete everything after "revise" .

    On page 1, line 2, delete everything before "certain" .

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Cooper Garnos
House Committee Chair    Senate Committee Chair

Cc75A

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 75 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 75 be amended as follows:

75th


    On page 2 of the House engrossed bill, delete lines 3 to 8, inclusive, and insert:

"

            (4)    "Agritourism activity," any activity carried out on a farm, on a ranch, in a forest, or on an agribusiness operation that allows members of the general public, for recreational, entertainment, or educational purposes, to view or participate in agricultural activities, including farming, ranching, historical, cultural, harvest-your-own, or nature-based activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. An activity is not an agritourism activity if the participant is paid to participate in the activity;".

    On page 2, line 18, delete "with or".

Respectfully submitted,    Respectfully submitted,
Thomas Brunner    Larry Rhoden
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 concurred in House amendments to SB 12, 102, 104, 139, and 172.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Gray, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1060.

Respectfully,
Trudy Evenstad, Secretary

    Rep. Faehn moved that the House do now recess until 12:30 p.m., which motion prevailed and at 10:42 a.m., the House recessed.

RECESS

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

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 62.

Respectfully,
Trudy Evenstad, Secretary

    Rep. Rausch moved that the House do now recess until 2:00 p.m., which motion prevailed and at 12:33 p.m., the House recessed.

RECESS

    The House reconvened at 2:00 p.m., Rep. Deadrick presiding.

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

COMMUNICATIONS AND PETITIONS

March 11, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 10, 2010, I approved House Bills 1042, 1131, 1132, 1181, 1192, 1201, 1222, 1244, 1249, 1254, and 1257, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF CONFERENCE COMMITTEES

Cc1160A

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1160 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1160 be amended as follows:

1160cn


    On page 1, line 6, of the Senate engrossed bill, delete "Board" and insert "subdivision 13-55-31(3)".

    On page 1, line 7, delete everything before "is" .

    On page 1, line 14, delete "twelve hundred eighty" and insert "twelve hundred fifty".

    On page 2, after line 2, insert:

"    This Act is effective on July 1, 2013.".


1160cp

    On page 1, line 10, of the Senate engrossed bill, delete everything after "higher" and insert "and achieves ACT college readiness benchmark scores equaling or exceeding eighteen for English, twenty-one for reading, twenty-two for math, and twenty-four for science; or".

    On page 1, delete lines 11 and 12.

Respectfully submitted,    Respectfully submitted,
Kristi Noem    Cooper Garnos
House Committee Chair    Senate Committee Chair

Cc1202A

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1202 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 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Kristi Noem    Larry Rhoden
House Committee Chair    Senate Committee Chair

Cc106A

Also MR. SPEAKER:

    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 House floor amendments be deleted, thus restoring the bill to the House Appropriations Engrossed version.

Respectfully submitted,    Respectfully submitted,
Kristi Noem    Thomas Dempster
House Committee Chair    Senate Committee Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Faehn moved that consideration of the report of Conference Committee on HB 1053 be placed to follow SB 75 on today's calendar.

    Which motion prevailed.

    Rep. Faehn moved that the House do not adopt the report of the Conference Committee on SB 22 as found on pages 828 and 829 of the House Journal and that a new committee on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.


    Rep. Burg moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 22 as found on pages 828 and 829 of the House Journal and do not appoint a new committee.

    The question being on Rep. Burg's substitute motion to not adopt the report of the Conference Committee on SB 22 and to not appoint a new committee.

    And the roll being called:

    Yeas 21, Nays 39, Excused 10, Absent 0

    Yeas:
Blake; Burg; Dennert; Engels; Fargen; Feickert; Feinstein; Gibson; Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

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

    Excused:
Carson; Cronin; Elliott; Frerichs; Gosch; Hunhoff (Bernie); Noem; Rausch; Vanneman; Speaker Rave

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

    The question being on Rep. Faehn's motion that the House do not adopt the report of the Conference Committee on SB 22 and that a new committee be appointed.

    A roll call vote was requested and supported.

    And the roll being called:

    Yeas 41, Nays 22, Excused 7, Absent 0

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

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

    Excused:
Carson; Elliott; Hunhoff (Bernie); Noem; Rausch; Vanneman; Speaker Rave

    So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and appointed as such committee Reps. Faehn, Lust, and Lucas.

    Rep. Brunner moved that the report of the Conference Committee on SB 75 as found on page 829 of the House Journal be adopted.

    The question being on Rep. Brunner's motion that the report of the Conference Committee on SB 75 be adopted.

    And the roll being called:

    Yeas 62, Nays 1, Excused 7, Absent 0

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

    Nays:
Lucas

    Excused:
Carson; Elliott; Hunhoff (Bernie); Noem; Rausch; Vanneman; 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. Faehn moved that the House do now recess until 4:30 p.m., which motion prevailed and at 2:17 p.m., the House recessed.

RECESS

    The House reconvened at 4:30 p.m., the Speaker presiding.

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

REPORTS OF CONFERENCE COMMITTEES

Cc22B

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 22 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,
Bob Faehn    Corey Brown
House Committee Chair    Senate Committee Chair

Cc195A

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 195 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 195 be amended as follows:

195oe

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

    "    Section 1. That § 10-45B-2 be amended to read as follows:

    10-45B-2. Any person As provided in this chapter, any person holding a permit issued pursuant to § 10-45B-6 may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A for the construction of a new agricultural processing facility and for sales or use taxes imposed and paid by such person under the provisions of chapters 10-45 and 10-46 for the purchase or use of agricultural processing equipment.

    Section 2. That § 10-45B-4 be repealed.

    10-45B-4. The refund of taxes for a new agricultural processing facility pertains only to project costs incurred and paid after April 1, 1997, and within thirty-six months of the construction date as stated on the application required by § 10-45B-6. No refund may be made unless:

            (1)    The project cost exceeds the sum of four million five hundred thousand dollars; and

            (2)    The person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.

    Section 3. That § 10-45B-4.1 be repealed.

    10-45B-4.1. The refund of taxes pursuant to § 10-45B-2.1 pertains only to project costs incurred and paid after February 1, 2005, up to and including thirty-six months from the construction date if the project costs are sixty million dollars or less and after February 1, 2005, up to and including seventy-two months from the construction date if the project costs are more than sixty million dollars. There is no refund if the person applying for the refund does not obtain a permit from the secretary as set forth in § 10-45B-6.

    Upon a showing of good cause, the time limits prescribed by this section may be extended by the secretary for a period not to exceed twenty-four months.

    Section 4. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    The refund of taxes pursuant to §§ 10-45B-2 and 10-45B-2.1 pertains only to project costs incurred and paid after January 1, 2008, up to and including thirty-six months from the construction date. No refund may be paid unless the person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.

    Section 5. That § 10-45B-5 be repealed.

    10-45B-5. If the project cost for a new agricultural processing facility exceeds four million five hundred thousand dollars, the refund shall be one hundred percent of the taxes attributed to the project cost.

    Section 6. That § 10-45B-5.1 be repealed.

    10-45B-5.1. The amount of the tax refund for a new business facility shall be a percentage of the taxes paid, as follows:

            (1)    For project costs of less than ten million dollars, there shall be no refund;

            (2)    For project costs of ten or more million dollars but less than fifteen million dollars there shall be a refund of twenty-five percent of the taxes paid;

            (3)    For project costs of fifteen or more million dollars but less than twenty million dollars there shall be a refund of thirty-three percent of the taxes paid;

            (4)    For project costs of twenty or more million dollars but less than forty million dollars there shall be a refund of fifty percent of the taxes paid;

            (5)    For project costs of forty or more million dollars but less than sixty million dollars there shall be a refund of sixty-seven percent of the taxes paid;

            (6)    For project costs of sixty million dollars or more but less than six hundred million dollars there shall be a refund of seventy-five percent of the taxes paid; and

            (7)    For project costs of six hundred million dollars and greater there shall be a refund of ninety percent of the taxes paid.

    Section 7. That § 10-45B-6.1 be repealed.

    10-45B-6.1. Any person issued a permit pursuant to this chapter prior to March 31, 1997, may continue to submit claims for the project.

    Section 8. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding any provision of chapter 10-45B or this Act, this section controls the amount of refunds payable under chapter 10-45B for any new agricultural processing facility or new business facility that has a construction date on or after January 1, 2010. For project cost incurred and paid from July 1, 2010, to December 31, 2012, inclusive, the amount of the refund shall be determined by applying the provisions of chapter 10-45B in effect on July 1, 2010. The amount of the tax refund for a new agricultural processing facility or new business facility shall be a percentage of the taxes paid, as follows:

            (1)    For project costs of less than ten million dollars, there shall be no refund;

            (2)    For project costs of ten or more million dollars but less than forty million dollars, there shall be a refund of forty-five percent of the taxes paid;

            (3)    For project costs of forty or more million dollars but less than five hundred million dollars, there shall be a refund of fifty-five percent of the taxes paid; and

            (4)    For projects costs of five hundred million or more dollars, there shall be no refund.

    No tax refund may be given for any project cost incurred and paid on or after January 1, 2013, except for performance retainage amounts, not to exceed ten percent, related to the project.

    Section 9. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    The provisions of chapter 10-45B in effect prior to January 1, 2010, apply to any project where the construction date was before January 1, 2010.

    Section 10. That § 10-45B-8 be amended to read as follows:

    10-45B-8. Any person issued a permit pursuant to this chapter shall submit a claim for refund to the department no more frequently than on or before the last day of each month and no less frequently than on or before the last day of each month following each calendar quarter. The secretary shall determine and pay the amount of the tax refund within ninety days of receipt of the claim for refund. Ninety-five percent of the amount of refund shall be paid to the claimant in accordance with §§ 10-59-22 and 10-59-23, and five percent shall be withheld by the department. No interest may be paid on the refund amount. If electronic funds transfer is available to the secretary, the secretary shall pay the refund by electronic funds transfer if requested by the claimant. The secretary shall pay the refund by electronic funds transfer.

    Section 11. That § 10-45B-8.1 be repealed.

    10-45B-8.1. No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received after the following applicable time period:

            (1)    Twelve months after the thirty-six month time period of § 10-45B-4;

            (2)    Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with project costs of sixty million dollars or less;

            (3)    Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with project costs of more than sixty million dollars; or

            (4)    Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.

Moreover, any such claim is barred from any future refund eligibility.

    Section 12. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received twelve months after the thirty-six month time period of section 4 of this Act. Moreover, any such claim is barred from any future refund eligibility.

    Section 13. That § 10-45B-8.2 be repealed.

    10-45B-8.2. No document or record in support of any claim for refund may be considered by the department if the documents or records in support of any claim for refund are received after the following applicable time period:


            (1)    Twelve months after the thirty-six month time period of § 10-45B-4;

            (2)    Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with project costs of sixty million dollars or less;

            (3)    Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with project costs of more than sixty million dollars; or

            (4)    Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.

Moreover, any such document or record is barred from any future consideration.

    However, if the department requests any additional document or record from the project owner after a review of the claim for refund, and the request is made after the applicable time period provided by this section has expired, the project owner has sixty days to provide the requested document or record. No document or record received after this sixty-day period may be considered by the department. Moreover, any such document or record is barred from any future consideration.

    Section 14. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    No document or record in support of any claim for refund may be considered by the department if the document or record in support of any claim for refund is received twelve months after the thirty-six month time period of section 4 of this Act. Moreover, any such document or record is barred from any future consideration.

    However, if the department requests any additional document or record from the project owner after a review of the claim for refund, and the request is made after the applicable time period provided by this section has expired, the project owner has sixty days to provide the requested document or record. No document or record received after this sixty-day period may be considered by the department. Moreover, any such document or record is barred from any future consideration.

    Section 15. That § 10-45B-8.3 be repealed.

    10-45B-8.3. The provisions of §§ 10-45B-8.1 and 10-45B-8.2 apply to refunds for projects only if the permit was applied for after June 30, 2009.

    Section 16. That § 10-45B-9 be amended to read as follows:

    10-45B-9. The amounts withheld by the department in accordance with § 10-45B-8 shall be retained until the project has been completed and the claimant has met all the conditions of § 10-45B-4 or 10-45B-4.1 section 4 of this Act, at which time all sums retained shall be paid to claimant. "

Respectfully submitted,    Respectfully submitted,
Timothy Rave    Dave Knudson
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HCR 1017 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1053.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1160.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1202.

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 75.

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 106.

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 195.

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 SB 22 and has appointed Sens. Brown, Russell Olson, and Gary Hanson as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved SB 103 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 650 of the Senate Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 103.

Respectfully,
Trudy Evenstad, Secretary

    Rep. Lust moved that the House do now recess until 5:00 p.m., which motion prevailed and at 4:39 p.m., the House recessed.

RECESS

    The House reconvened at 5:00 p.m., the Speaker presiding.

MOTIONS AND RESOLUTIONS

    Rep. Faehn moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on March 12th, the 37th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Faehn moved that consideration of the report of the Conference Committee on SB 22 be placed to follow SB 195 on today's calendar.

    Which motion prevailed.

    Rep. Cronin moved that the report of the Conference Committee on HB 1053 as found on page 828 of the House Journal be adopted.

    The question being on Rep. Cronin's motion that the report of the Conference Committee on HB 1053 be adopted.

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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

    Excused:
Elliott

    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.

    Speaker Pro tempore Rausch now presiding.

    Rep. Noem moved that the report of the Conference Committee on HB 1160 as found on pages 831 and 832 of the House Journal be adopted.

    Rep. Faehn moved the previous question.

    Which motion prevailed.

    The question being on Rep. Noem's motion that the report of the Conference Committee on HB 1160 be adopted.

    And the roll being called:

    Yeas 58, Nays 10, Excused 2, Absent 0

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

    Nays:
Bolin; Cronin; Frerichs; Lucas; Moser; Olson (Ryan); Peters; Street; Vanneman; Wismer

    Excused:
Elliott; Tidemann

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

    Speaker Rave now presiding.

    Rep. Noem moved that the report of the Conference Committee on HB 1202 as found on page 832 of the House Journal be adopted.

    The question being on Rep. Noem's motion that the report of the Conference Committee on HB 1202 be adopted.

    And the roll being called:

    Yeas 66, Nays 2, Excused 2, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; 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; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

    Nays:
Frerichs; McLaughlin

    Excused:
Elliott; Tidemann

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

    Rep. Noem moved that the report of the Conference Committee on SB 106 as found on page 832 of the House Journal be adopted.

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

    And the roll being called:

    Yeas 63, Nays 5, Excused 2, Absent 0

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

    Nays:
Greenfield; Hamiel; Moser; Olson (Betty); Russell

    Excused:
Elliott; Tidemann

    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. Rausch moved that the report of the Conference Committee on SB 195 as found on pages 835 to 840 of the House Journal be adopted.

    Rep. Rounds moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 195 and the same committee be reappointed.

    The question being on Rep. Rounds' substitute motion that the House do not adopt the report of the Conference Committee on SB 195 and the same committee be reappointed.


    A roll call vote was requested and supported.

    And the roll being called:

    Yeas 18, Nays 49, Excused 3, Absent 0

    Yeas:
Cronin; Curd; Cutler; Greenfield; Juhnke; Krebs; Lederman; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Pitts; Rounds; Solum; Street; Vanneman; Speaker Rave

    Nays:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Lange; Lucas; Lust; McLaughlin; Nygaard; Olson (Ryan); Putnam; Rausch; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Thompson; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wismer

    Excused:
Elliott; Tidemann; Wink

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

    The question being on Rep. Rausch's motion that the report of the Conference Committee on SB 195 be adopted.

    And the roll being called:

    Yeas 53, Nays 14, Excused 3, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Noem; Nygaard; Olson (Ryan); Peters; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Thompson; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wismer; Speaker Rave

    Nays:
Burg; Curd; Cutler; Juhnke; Lederman; Moser; Novstrup (David); Olson (Betty); Pitts; Rounds; Russell; Solum; Street; Vanneman

    Excused:
Elliott; Tidemann; Wink

    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 consideration of the report of the Conference Committee on SB 22 be deferred to Friday, March 12th, the 37th legislative day.

    Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1016, 1018, 1041, 1046, 1054, 1107, 1109, 1135, 1136, 1164, 1177, 1187, 1214, 1228, 1240, 1248, and 1270 were delivered to his Excellency, the Governor, for his approval at 3:45 p.m., March 10, 2010.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HJR 1004 was delivered to his Excellency, the Secretary of State, for filing at 3:45 p.m., March 10, 2010.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1036, 1057, 1105, 1241, and 1264 were delivered to his Excellency, the Governor, for his approval at 9:12 a.m., March 11, 2010.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1077, 1110, 1138, 1227, 1231, and 1265 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1077: FOR AN ACT ENTITLED, An Act to enact a procedure for delayed appeal if the petitioner was unconstitutionally denied the right of appeal.

    HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to statutory rape.

    HB 1138: FOR AN ACT ENTITLED, An Act to create certified technology parks or certified sites to enhance knowledge and tech-based economic development.

    HB 1227: FOR AN ACT ENTITLED, An Act to permit townships to enroll in certain health, life, and disability income insurance benefits.

    HB 1231: FOR AN ACT ENTITLED, An Act to provide for the monitoring of the prescribing and dispensing of controlled substances.

    HB 1265: FOR AN ACT ENTITLED, An Act to revise certain provisions related to indigent counsel.

    SB 12: FOR AN ACT ENTITLED, An Act to provide for a tiered sex offender registry, to remove certain misdemeanors and juvenile offenses from the sex offender registry, and to establish certain criteria for eligibility to petition for removal or reassignment.

    SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exclusive benefit requirements and the range of investments available to the South Dakota Retirement System member trust fund.

    SB 62: FOR AN ACT ENTITLED, An Act to revise the notice requirements for closure of a highway and to provide a civil penalty for failure to comply with a closure.

    SB 75: FOR AN ACT ENTITLED, An Act to define certain terms related to liability for agritourism activities.

    SB 78: FOR AN ACT ENTITLED, An Act to revise the total amount of revenue payable to municipalities from taxes on real property.

    SB 102: FOR AN ACT ENTITLED, An Act to modify and continue the lease agreement on the Black Hills Playhouse.

    SB 104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding disclosure of public information and public meetings.

    SB 115: FOR AN ACT ENTITLED, An Act to prohibit the sale of contact lenses without a prescription.


    SB 139: FOR AN ACT ENTITLED, An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions.

    SB 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding documents or instruments filed with the register of deeds that may contain personally identifiable information and to revise certain format requirements relating to real estate documents filed with the register of deeds.

    SB 169: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers unless and until the insured is made whole.

    SB 172: FOR AN ACT ENTITLED, An Act to revise the definition for environmental upgrades used to provide a property tax exemption for coal-fired power plants.

    And signed the same in the presence of the House.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 6:14 p.m. the House adjourned.

Karen Gerdes, Chief Clerk