JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



THIRTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 12, 2010

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

    The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by Senate page Reagan Nielsen.

    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-sixth 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.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 12, 21, 62, 75, 78, 102, 104, 115, 139, 141, 169, and 172 were delivered to his Excellency, the Governor, for his approval at 8:50 a.m., March 12, 2010.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

cc1060A

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1060 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1060 be amended as follows:

1060fj


    On the Senate engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    For the purposes of this chapter, the term, wind energy facility, means:

            (1)    Any new facility, or facility expansion, consisting of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that converts wind movement into electricity;

            (2)    Any new or upgraded electric transmission line and associated facilities; or

            (3)    Any new business facility that manufactures, assembles, or distributes wind or transmission components.

    Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding any provision of chapter 10-45B or section 8 of SB 195 as previously enacted by the Eighty-fifth Legislature, this section controls the amount of refunds payable under chapter 10-45B for any new business facility that is a wind energy facility and has a construction date on or after January 1, 2010. For project costs 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 wind energy 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; and
            (3)    For project costs of forty or more million dollars, there shall be a refund of fifty-five percent of the taxes paid.

    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."

1060ftd


    On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert "provide certain tax refunds for new or expanded wind energy facilities."

    On page 1, delete lines 2 to 4, inclusive.

Respectfully submitted,    Respectfully submitted,
Timothy Rave    Dave Knudson
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 195.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 106.

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

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

Respectfully,
Karen Gerdes, Chief Clerk


CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Brown moved that the Senate do not adopt the report of the Conference Committee on SB 22 as found on page 667 of the Senate Journal and that a new committee be appointed.

    Sen. Gray moved as a substitute motion that the report of the Conference Committee on SB 22 as found on page 667 of the Senate Journal be adopted.

    Sen. Garnos moved the previous question.

    Which motion prevailed.

    The question being on Sen. Gray's substitute motion that the report of the Conference Committee on SB 22 be adopted.

    And the roll being called:

    Yeas 18, Nays 17, Excused 0, Absent 0

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

    Nays:
Abdallah; Adelstein; Ahlers; Bartling; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Peterson; 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 11:00 a.m., which motion prevailed and at 10:38 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 11:00 a.m., the President presiding.

COMMUNICATIONS AND PETITIONS

March 12, 2010

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 11, 2010, I approved Senate Bills 7, 8, 11, 18, 19, 20, 30, 32, 35, 42, 53, 54, 85, 86, 89, and 122, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 106 and 195 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Knudson moved that the report of the Conference Committee on HB 1060 as found on page 670 of the Senate Journal be adopted.

    The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1060 be adopted.

    And the roll being called:

    Yeas 28, Nays 2, Excused 5, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Rhoden; Schmidt; Tieszen; Vehle

    Nays:
Hundstad; Turbak Berry

    Excused:
Bradford; Hansen (Tom); Kloucek; Olson (Russell); Peterson

    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 11:50 a.m., which motion prevailed and at 11:14 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 11:50 a.m., the President presiding.

    President Pro Tempore Gray now presiding.

REPORT OF CONFERENCE COMMITTEE

cc67A

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 67 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 67 be amended as follows:

67fc


    On page 1, line 7, of the House Taxation Committee engrossed bill, delete "sixty-three" and insert "forty-nine and one tenth".
    On page 1, line 13, delete "fifty-five" and insert "fifty-five and four tenths".

    On page 2, line 4, overstrike "four dollars and".

    On page 2, line 5, delete "two" and insert "three dollars and ninety-six and five tenths".

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Tom Hansen
House Committee Chair    Senate Committee Chair

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Hansen (Tom) moved that the report of the Conference Committee on SB 67 as found on page 674 of the Senate Journal be adopted.

    The question being on Sen. Hansen (Tom)'s motion that the report of the Conference Committee on SB 67 be adopted.

    And the roll being called:

    Yeas 31, Nays 1, Excused 3, Absent 0

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

    Nays:
Adelstein

    Excused:
Bradford; Hunhoff (Jean); 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 1:30 p.m., which motion prevailed and at 12:12 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 1:30 p.m., the President presiding.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

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

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 22.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1060.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 67.

Respectfully,
Karen Gerdes, Chief Clerk

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 22 and 67 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of SB 103, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor, at 2:50 p.m., March 12, 2010.


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 22, 67, 106, and 195 were delivered to his Excellency, the Governor, for his approval at 3:05 p.m., March 12, 2010.

Respectfully submitted,
Bob Gray, Chair

    Sen. Knudson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 29, the 38th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 22: FOR AN ACT ENTITLED, An Act to revise the per student allocation in the state aid to general education formula, and to revise certain allocations for disabilities in the state aid to special education formula.

    SB 67: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

    SB 106: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents and the Building Authority to contract for construction of classroom facilities at the University Center in Sioux Falls to replace facilities leased from the Sioux Falls School District, and to make an appropriation therefor.

    SB 195: FOR AN ACT ENTITLED, An Act to revise the refunds for new or expanded agricultural facilities and new or expanded business facilities and to sunset the refunds for new or expanded agricultural facilities and new or expanded business facilities.

    HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance and to declare an emergency.

    HB 1060: FOR AN ACT ENTITLED, An Act to provide certain tax refunds for new or expanded wind energy facilities.

    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 1160: FOR AN ACT ENTITLED, An Act to allow certain students to participate in the opportunity scholarship program under certain circumstances.

    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.

    And signed the same in the presence of the Senate.

    Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at 3:08 p.m. the Senate adjourned.

Trudy Evenstad, Secretary