JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



THIRTY-SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 11, 2010

    The Senate convened at 10:30 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate pages Aisling Gould and Tiffany Newman.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-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,
Bob Gray, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 10, 2010

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

I herewith return Senate Bill 103 with the following recommendations as to STYLE and FORM.

Senate Bill 103 is an Act to revise certain provisions relating to trusts. Currently, Section 10 provides that a certificate of a trustee or of trustees of a trust in support of a real property transaction may substantially follow a form which is incorporated into that section. The form, on page 11, line 22, of the Senate Judiciary Engrossed version provides, "County of Minnehaha". Since the form is intended to be used statewide, I recommend the word, "Minnehaha," be stricken and replaced with a blank, "______________", to avoid any confusion as to the applicability of the form.

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF CONFERENCE COMMITTEES

cc22A

MR. PRESIDENT:

    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. PRESIDENT:

    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

cc1053A

Also MR. PRESIDENT:

    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

MOTIONS AND RESOLUTIONS

    HCR 1017: A CONCURRENT RESOLUTION, Opposing federal control of state water rights through unnecessary expansion of the federal Clean Water Act

    Was read the second time.

    Sen. Rhoden moved that the Senate do concur in HCR 1017 as found on page 767 of the House Journal.

    Sen. Vehle moved as a substitute motion that HCR 1017 be deferred to the bottom of today's 10:30 a.m. calendar.

    Which motion prevailed.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Vehle moved that the report of the Conference Committee on SB 62 as found on page 632 of the Senate Journal be adopted.

    The question being on Sen. Vehle's motion that the report of the Conference Committee on SB 62 be adopted.

    And the roll being called:

    Yeas 25, Nays 3, Excused 7, Absent 0

    Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Hanson (Gary); Haverly; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Olson (Russell); Schmidt; Tieszen; Vehle

    Nays:
Heidepriem; Kloucek; Nesselhuf

    Excused:
Adelstein; Gray; Hansen (Tom); Novstrup (Al); Peterson; Rhoden; Turbak Berry

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

    Sen. Knudson moved that the Senate do now recess until 12:30 p.m., which motion prevailed and at 10:51 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 12:30 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 62 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MOTIONS AND RESOLUTIONS

    Sen. Knudson moved that HCR 1017 be deferred to the next calendar.

    Which motion prevailed.

    Sen. Knudson moved that the Senate do now recess until 2:30 p.m., which motion prevailed and at 12:39 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 2:30 p.m., the President presiding.


COMMUNICATIONS AND PETITIONS

March 11, 2010

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2010, I approved Senate Bills 4, 10, 50, 56, 60, 61, 90, 96, 101, 132, 136, 145, 183, 186, and 190, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 103 as found on page 650 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall the recommendation of the Governor as to change of style and form of SB 103 be approved?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Abdallah; Gant

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

REPORTS OF CONFERENCE COMMITTEES

cc106A

MR. PRESIDENT:

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

Cc1160a

Also MR. PRESIDENT:

    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. PRESIDENT:

    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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 75.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 22 and has appointed Reps. Faehn, Lust, and Lucas as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    HCR 1017: A CONCURRENT RESOLUTION, Opposing federal control of state water rights through unnecessary expansion of the federal Clean Water Act.

    


    Having had its second reading was up for consideration.

    Sen. Rhoden moved that the Senate do concur in HCR 1017 as found on page 767 of the House Journal.

    The question being on Sen. Rhoden's motion that the Senate do concur in HCR 1017.

    And the roll being called:

    Yeas 22, Nays 10, Excused 3, Absent 0

    Yeas:
Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Garnos; Gillespie; Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Kloucek; Maher; Miles; Nelson; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Vehle

    Nays:
Ahlers; Hansen (Tom); Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Nesselhuf; Olson (Russell); Turbak Berry

    Excused:
Abdallah; Gant; Gray

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1017 was concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


    Sen. Garnos moved that the Senate do not adopt the report of the Conference Committee on SB 22 as found on page 650 of the Senate Journal and that a new committee on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Sen. Nesselhuf moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 22 as found on page 650 of the Senate Journal and do not appoint a new committee.

    The question being on Sen. Nesselhuf'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 15, Nays 19, Excused 1, Absent 0

    Yeas:
Adelstein; Ahlers; Bartling; Bradford; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

    Nays:
Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Kloucek; Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

    Excused:
Abdallah

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

    Sen. Garnos' motion to not adopt the report of the Conference Committee on SB 22 prevailed and the President announced as such committee Sens. Brown, Olson (Russell), and Hanson (Gary).

    Sen. Gant moved to defer action on the report of the Conference Committee on HB 1053 to the next calendar after the recess.

    Which motion prevailed.

    Sen. Rhoden moved that the report of the Conference Committee on SB 75 as found on page 651 of the Senate Journal be adopted.

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

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

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

    Nays:
Gillespie; Heidepriem; Hundstad; Jerstad

    Excused:
Abdallah; Fryslie


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

    Sen. Dempster moved that the report of the Conference Committee on SB 106 as found on page 655 of the Senate Journal be adopted.

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

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

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

    Nays:
Hunhoff (Jean); Kloucek; Maher; Peterson

    Excused:
Abdallah; Fryslie

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

    Sen. Adelstein moved that the report of the Conference Committee on HB 1160 as found on page 655 of the Senate Journal be adopted.

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

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Gant

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

    Sen. Rhoden moved that the report of the Conference Committee on HB 1202 as found on page 656 of the Senate Journal be adopted.

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

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    Sen. Knudson moved that the Senate do now recess until 3:45 p.m., which motion prevailed and at 3:07 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 3:45 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 75 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

Cc195A

MR. PRESIDENT:

    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

 CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Gant moved that the report of the Conference Committee on HB 1053 as found on page 651 of the Senate Journal be adopted.

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

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Brown

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

    Sen. Knudson moved that the report of the Conference Committee on SB 195 as found on page 661 of the Senate Journal be adopted.

    Sen. Gant moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 195 as found on page 661 of the Senate Journal and that a new committee be appointed.

    Sen. Knudson requested a roll call vote.

    Which request was supported.

    The question being on Sen. Gant's substitute motion to not adopt the report of the Conference Committee on SB 195 and that a new committee be appointed.

    And the roll being called:

    Yeas 15, Nays 20, Excused 0, Absent 0

    Yeas:
Abdallah; Bartling; Bradford; Brown; Gant; Gray; Hansen (Tom); Haverly; Howie; Maher; Nelson; Novstrup (Al); Olson (Russell); Peterson; Schmidt

    Nays:
Adelstein; Ahlers; Dempster; Fryslie; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Merchant; Miles; Nesselhuf; Rhoden; Tieszen; Turbak Berry; Vehle

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

    The question now being on Sen. Knudson's motion that the report of the Conference Committee on SB 195 be adopted.

    And the roll being called:

    Yeas 21, Nays 14, Excused 0, Absent 0

    Yeas:
Adelstein; Ahlers; Dempster; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Merchant; Miles; Nesselhuf; Rhoden; Tieszen; Turbak Berry; Vehle

    Nays:
Abdallah; Bartling; Bradford; Brown; Gant; Gray; Haverly; Howie; Maher; Nelson; Novstrup (Al); Olson (Russell); Peterson; Schmidt

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


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

REPORT OF CONFERENCE COMMITTEE

Cc22B

MR. PRESIDENT:

    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

    Sen. Knudson moved that the Senate do now recess until 5:00 p.m., which motion prevailed and at 4:34 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 5:00 p.m., the President presiding.

SIGNING OF BILLS

    The President publicly read the title to

    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.

    And signed the same in the presence of the Senate.

    Sen. Knudson moved that the Senate adjourn at 5:18 p.m. to convene at 10:00 a.m. on Friday, March 12, the 37th legislative day.

    Which motion prevailed.

Trudy Evenstad, Secretary