JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION



THIRTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 12, 2010

    The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Seth Bietz 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-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,
Timothy A. Rave, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 12, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 11, 2010, I approved House Bills 1001, 1002, 1016, 1018, 1041, 1046, 1072, 1091, 1118, 1130, and 1172, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF CONFERENCE COMMITTEES

Cc1060A

MR. SPEAKER:

    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

Cc67A

Also MR. SPEAKER:

    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

MESSAGES FROM THE SENATE

MR. SPEAKER:

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

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 22.

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 67.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Faehn moved that consideration of the reports of the Conference Committees on HB 1060 and SB 67 be placed to follow SB 22 on today's calendar.

    Which motion prevailed.

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

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The House 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 69, Nays 0, Excused 1, Absent 0

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

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Faehn moved that the report of the Conference Committee on SB 22 as found on page 835 of the House Journal be adopted.

    Rep. Lust moved the previous question.

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

    The Speaker declared Rep. Lust's motion prevailed.

    The question being on Rep. Faehn's motion that the report of the Conference Committee on SB 22 be adopted.

    And the roll being called:

    Yeas 43, Nays 27, Excused 0, Absent 0

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

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

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

    Rep. Rausch moved that the report of the Conference Committee on HB 1060 as found on pages 850 and 851 of the House Journal be adopted.

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

    And the roll being called:

    Yeas 59, Nays 10, Excused 1, Absent 0

    Yeas:
Blake; Boomgarden; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wismer; Speaker Rave

    Nays:
Bolin; Brunner; Feickert; Iron Cloud III; Juhnke; Lederman; Lust; Olson (Betty); Olson (Ryan); Russell

    Excused:
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 the report of the Conference Committee on SB 67 as found on pages 851 and 852 of the House Journal be adopted.

    The question being on Rep. Faehn's motion that the report of the Conference Committee on SB 67 be adopted.

    And the roll being called:

    Yeas 70, Nays 0, Excused 0, Absent 0

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

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

    Rep. Noem moved that the House do now recess until 3:00 p.m., which motion prevailed and at 1:50 p.m., the House recessed.

RECESS

    The House reconvened at 3:00 p.m., the Speaker presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1077, 1110, 1138, 1227, 1231, and 1265 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., March 12, 2010.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1053, 1060, and 1160 were delivered to his Excellency, the Governor, for his approval at 3:05 p.m., March 12, 2010.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1053, 1060, and 1160 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

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

    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.

    And signed the same in the presence of the House.


    Rep. Rausch moved that the House do now adjourn, which motion prevailed and at 3:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk