The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by House page Jason Wynia.

     Roll Call: All members present except Reps. Gillespie and Juhnke who were excused.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1204 which was deferred to the 36^th Legislative Day.

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1122, 1149, 1168, and 1201 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill be amended as follows:

    On page 1, line 7, remove the overstrikes from " or child support ".

    On page 1, line 8, after "guidelines." Insert " If the request is made in a child support proceeding, compliance with chapter 26-5B, including appropriate notice and an opportunity to be heard, if not previously provided, is required. ".

    On page 1, line 10, delete " currant " and insert " current ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1253 and returns the same with the recommendation that said bill be amended as follows:

    On page 1, line 12, after "36-26" insert "; or

"

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1074 which was tabled.

     Was read the first time and referred to the Committee on Commerce.

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Gillespie; Juhnke

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Was read the second time.

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Faehn; Glenski; Gosch; Hackl; Hargens; Hills; Hunt; Jerke; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Rave; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Dykstra; Engels; Feinstein; Gassman; Gilson; Halverson; Haverly; Heineman; Howie; Kirkeby; Moore; Noem; Novstrup (Al); Nygaard; Peters; Pitts; Rhoden; Vanneman; Willadsen

     Excused:
Gillespie; Juhnke

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

"
     Section 3. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding the provisions of §  13-6-92, if two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to § 13-6-48 no later than December 31, 2007, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in §  13-13- 10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, and the

secretary of education has issued an order to give effect to the reorganization plan pursuant to § 13-6-48 no later than December 31, 2007, the new school district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, and the secretary of education has issued an order to give effect to the reorganization plan pursuant to § 13-6-48 no later than December 31, 2007, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

    Any school district that receives consolidation incentive payments pursuant to this section may not receive consolidation incentive payments pursuant to § 13-6-92. ".

     Which motion prevailed.

     Which motion prevailed and the title was so amended.

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Gosch; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Moore

     Excused:
Gillespie; Hackl; Juhnke; Putnam

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

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

    On page 2, line 1, overstrike "property owner" and insert " voter ".

    On page 2, line 1, delete everything after " represented " .

    On page 2, delete line 2.

    On page 2, line 3, delete everything before "." .

     Which motion prevailed.

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Which motion prevailed.

    On page 1, delete lines 12 and 13.

     Which motion lost.

     Excused:
Gillespie; Juhnke

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     And the roll being called:

     Yeas 59, Nays 8, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Faehn; Feinstein; Gassman; Gilson; Glenski; Gosch; Hackl; Halverson; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; McLaughlin; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rave; Rhoden; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Engels; Hargens; Lust; Novstrup (Al); Novstrup (David); Peters; Rausch; Sigdestad

     Excused:
Cutler; Gillespie; Juhnke

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     And the roll being called:

     Yeas 61, Nays 6, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Gosch; Hackl; Halverson; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Carson; Hargens; Moore; Noem; Olson (Russell); Van Norman

     Excused:
Cutler; Gillespie; Juhnke

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

"
     Section 1. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Section 2. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Section 3. That sections 1 and 2 of this Act be repealed on July 1, 2015.

     Section 5. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Section 6. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Section 7. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Section 8. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Section 11. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

adjustment necessary for the computation required pursuant to § §  10-3-41, 10-12-31.1, 10-12-42, and 10-13-37.

     Section 12. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     10-6-33.13.   The secretary of revenue and regulation may promulgate rules pursuant to chapter 1-26 concerning the:

     Section 14. That § 10-12-31.1 be amended to read as follows:

     10-12-31.1.   Notwithstanding other provision of law, when applying the levies for school purposes, the county director of equalization of each county shall adjust the level of assessment in that district so that the level of assessment as indicated by the most recent assessment to sales ratio as provided for in § 10-11-55 and the most recent assessment to full agricultural land value ratio agricultural income value as provided for in § 10-11-57 sections 5 to 10, inclusive, of this Act in that district are equal to eighty-five percent of market value or agricultural income value . The Department of Revenue and Regulation shall provide the director of equalization of each county all of the factors of adjustment necessary for the computations required in this section.

     Section 15. That § 10-6-33.3 be amended to read as follows:

     10-6-33.3.   Land or improvement on land within an operating unit which is not used incident to an agricultural pursuit shall be separately listed and assessed and the income therefrom shall not be used in determining the values for the purposes of §§ 10-6-33.1 and 10-6-33.2 .

     10-6-33.5.   The assessment, valuation, equalization, and taxation of school and endowment lands shall be at the same level and on the same basis as lands assessed, valued, and equalized according to §§ 10-6-33.1 to 10-6-33.4, inclusive sections 5 to 10, inclusive, of this Act .

     Section 17. That § 10-6-33.7 be amended to read as follows:

     10-6-33.7.   Agricultural land in each county shall be divided into the eight classes defined by the United States Department of Agriculture's soil conservation service as published in its soil survey for each county. The county director of equalization shall, based on the agricultural lands soil survey classification, determine a value for each soil type. The value for each soil type shall be determined from sales of similar land based upon its soil survey classification, and as adjusted for the factors contained in subdivision 10-6-33.1(2). The sales used shall be sales of agricultural land that are sold for agricultural purposes.

     Section 18. That § 10-6-31.3 be amended to read as follows:

     10-6-31.3.   For tax purposes, land is agricultural land if it meets two of the following three criteria:

     Section 19. That § 10-13-37.1 be amended to read as follows:

     10-13-37.1.   For purposes of § 10-6-33.24 and §§ 10-3-41, 10-12-31.1, and 10-13-37, the secretary of revenue and regulation shall calculate a factor for each county for the agricultural

and nonagricultural valuations. The factor shall be calculated by using the sales of arms-length transactions and the assessments from the preceding assessment year. The secretary shall take into consideration any reappraisals completed by the director of equalization. If there are less fewer than fifteen sales of either class , the secretary shall use the preceding year's sales of that class with current assessments. In the case of agricultural land, sales may also be bridged in from adjoining counties if there are less than fifteen sales.

     Section 20. That § 13-11-10 be amended to read as follows:

     13-11-10.   In implementing the terms of § 13-11-9, a separate weighted average tax levy of the receiving districts shall be calculated for agricultural property, nonagricultural acreage property, owner-occupied single-family dwelling property, and for nonagricultural property for each sending school district as follows:

     Section 21. That § 10-12-42 be amended to read as follows:

     10-12-42.   For taxes payable in 2008 2011 and each year thereafter, the levy for the general fund of a school district shall be as follows:

     Section 22. That § 10-6-33.25 be amended to read as follows:

     10-6-33.25.   For the purposes of § 10-6-33.24, the agricultural income value shall be determined using capitalized annual cash rent. The annual cash rent is the annual cash rent, excluding the per acre tax on agricultural land, determined through an analysis of arms-length rental agreements collected within the county in the three years prior to the year for which the agricultural income value is being determined. The agricultural income value of cropland shall be based on average rents over a three-year period for cropland under natural conditions. The agricultural income value of noncropland shall be based on average rents over a three-year period for noncropland under natural conditions. However, no arms-length rental agreements for irrigated land may be used to determine the annual cash rent pursuant to this section. The annual cash rent shall be capitalized at seven and three-fourths six and fifteen hundredths percent.

     Section 23. That § §   10-6-33.1 , 10-6-33.4, 10-6-33.6, § §  10-6-33.14 to 10-6-33.20, inclusive, and § §  10-6-33.23 to 10-6-33.27, inclusive, be repealed.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill be amended as follows:

"
     Section 1. That §   13-13-72.1 be amended to read as follows:

     13-13-72.1.   Any adjustments in the levies specified in subdivision 13-13-10.1(6) §  10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. In addition to the adjustments in the levies provided by this section, the levies shall also be annually adjusted as necessary to reduce the portion of local need paid by local effort by an amount equal to nine million dollars from those funds transferred into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1, 2007. In addition to the adjustments in the levies provided by this section, the levies for nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as necessary to account for the additional increase in the total assessed value for nonagricultural property and owner-occupied single-family dwellings pursuant to the phasing out and repeal of the provisions provided in §  10-6-74.

     Section 2. That § 13-10-6 be amended to read as follows:

     13-10-6.   For the purpose of continuing a fund for the payment of pensions to retired employees of a school districts which shall have district that has established such system, such districts the school district may levy an annual tax not exceeding thirty cents per thousand dollars of taxable valuation of such the school district for the current year. Such The levy may not be included in determining the tax levy limitation of such the school district provided by law. Moneys collected from such the tax shall be kept by the business manager in a special pension fund and shall may not be used for any other purpose except upon discontinuance of such the pension system by the school district, in which case any unexpended balance shall be transferred to the general fund.

    On page 2, line 14, delete " 2010 " and insert " 2011 ".

    On page 2, line 17, delete " 2009 " and insert " 2010 ".

    On page 3, line 1, delete " 2008 " and insert " 2009 ".

    On page 3, line 4, delete " 2008 " and insert " 2009 ".

    On page 3, line 6, delete " 2011, 2012, 2013, and 2014 " and insert " 2012, 2013, 2014, and 2015 ".

    On page 3, line 9, delete " 2009 " and insert " 2010 ".

    On page 3, line 18, delete " 2008 " and insert " 2009 ".

    On page 3, line 20, delete " 2008 " and insert " 2009 ".

    On page 3, line 23, delete " 2010, 2011, 2012, 2013, and 2014 " and insert " 2011, 2012, 2013, 2014, and 2015 ".

    On page 4, line 16, delete " 2010 " and insert " 2011 ".

    On page 4, line 19, delete " 2009 " and insert " 2010 ".

    On page 5, line 1, delete " 2008 " and insert " 2009 ".

    On page 5, line 6, delete " 2009 " and insert " 2010 ".

    On page 5, line 13, delete " 2010, 2011, 2012, 2013, and 2014 " and insert " 2011, 2012, 2013, 2014, and 2015 ".

    On page 6, line 6, delete " 2010 " and insert " 2011 ".

    On page 6, line 7, delete " 2009 " and insert " 2010 ".

    On page 6, line 15, delete " 2011, 2012, 2013, and 2014 " and insert " 2012, 2013, 2014, and 2015 ".

    On page 9, line 21, delete " 2010, 2011, 2012, 2013, and 2014 " and insert " 2011, 2012, 2013, 2014, and 2015 ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1187 and 1252 which were deferred to the 36^th Legislative Day.