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JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 24, 2012
The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Student Rabbi Carolan Glatstein, followed by the
Pledge of Allegiance led by House pages Emily Carr and Brittany Cleveland.
Roll Call: All members present except Reps. Boomgarden and Stricherz who were
excused.
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 twenty-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,
Val Rausch, Chair
Which motion prevailed.
COMMUNICATIONS AND PETITIONS
February 23, 2012
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 23, 2012, I approved House Bills 1005, 1006,
1007, 1020, 1021, 1029, 1033, 1034, 1035, 1036, 1037, 1038, 1040, 1041, 1049, 1055, 1060,
1061, 1062, 1070, 1073, 1115, 1119, 1124, 1147, 1177, 1183, 1203, 1223, and 1232, and the
same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 25
and returns the same with the recommendation that said bill be amended as follows:
25cd
On page 4 of the Senate Appropriations Committee engrossed bill, delete lines 19 to 24,
inclusive.
Delete page 5.
25ctc
On page 1, line 2, of the Senate Appropriations Committee engrossed bill, delete "and a
new financial accountability rating system".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
SB 139 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations with a Do Pass recommendation.
Respectfully submitted,
Thomas J. Brunner, Chair
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 188 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 162 and returns the same with the recommendation that said bill be amended as follows:
162oa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. Terms used in this Act mean:
(1) "GOED," the Governor's Office of Economic Development;
(2) "Governing body," the governing body of the sponsor;
(3) "High technology activity," includes any of the following:
(a) Advanced computing, which is any technology used in the design or
development of computer hardware and software, data communications, or
information technologies;
(b) Advanced materials, which are materials with engineered properties created
through the development of specialized process and synthesis technology;
(c) Biotechnology, which is any technology that uses living organisms, cells,
macromolecules, micro-organisms, or substances from living organisms to
make or modify a product, improve plants or animals, or develop
micro-organisms for useful purposes. Biotechnology does not include human
cloning or stem cell research with embryonic tissue;
(d) Electronic device technology, which is any research or technology that
involves:
(i) Microelectronics, semiconductors, or electronic equipment;
(ii) Instrumentation, radio frequency, microwave, and millimeter
electronics;
(iii) Optical and optic-electrical devices; or
(iv) Data and digital communications and imaging devices;
(e) Engineering or laboratory testing related to the development of a product;
(f) Technology that assists in the assessment or prevention of threats or damage
to human health or the environment, including environmental cleanup
technology, pollution prevention technology, or development of alternative
energy sources;
(g) Medical device technology, which is any technology that involves medical
equipment or products;
(h) Product research and development; or
(i) Advanced vehicles' technology, which is any technology that involves:
(i) Electric vehicles, hybrid vehicles, or alternative fuel vehicles; or
(ii) Components used in the construction of electric vehicles, hybrid
vehicles, or alternative fuel vehicles;
(4) "Sponsor," any incorporated municipality, county, or improvement district created
pursuant to chapter 7-25A.
Section 2. The governing body of a sponsor may apply to GOED for designation of all or
part of the area within the sponsor's jurisdictional area as a certified technology park. The
application shall be in a form specified by GOED and shall include information GOED deems
necessary to make the determinations required pursuant to this Act.
Section 3. After receipt of an application submitted pursuant to section 2 of this Act, GOED
may designate a certified technology park for a period of five years if GOED determines that
the designation is in the best interests of economic development within this state and the
proposed certified technology park satisfies the following criteria:
(1) A firm commitment from at least one business engaged in a high technology activity
creating a significant number of jobs at the proposed site;
(2) A firm demonstration of support from a postsecondary educational institution, a
public or private institute that engages in research, a public or military research and
development or testing facility on an active United States government military base
or other military installation located within, or in the vicinity of, the proposed
certified technology park, or a laboratory or other research facility owned, operated
or funded by the United States located within, or in the vicinity of, the proposed
certified technology park; and
(3) A firm demonstration of support from an economic development organization within
the sponsor's jurisdictional area.
Section 4. Within thirty days of the first anniversary of designation and within thirty days
of each anniversary thereafter, the sponsor shall furnish on forms provided by GOED all of the
following information:
(1) Total employment and payroll levels for businesses operating within the certified
technology park;
(2) The nature and extent of any technology transfer and research activity occurring
within the certified technology park;
(3) The nature and extent of any nontechnology businesses operating within the certified
technology park; and
(4) An analysis of the certified technology park's overall contributions to the
technology-based economy in this state.
Section 5. The sponsor may apply to GOED for renewal of the designation of a certified
technology park. The application shall be on forms supplied by GOED and shall be filed at least
three months prior to the expiration of the existing designation. GOED may renew the
designation of a certified technology park for up to five additional years if the requirements of
section 3 of this Act continue to be met and if the sponsor has complied with section 4 of this
Act.
Section 6. GOED may conduct, or cause to be conducted, such inspections and reviews of
the proposed certified technology park site and books and records relating to the application for
certification or recertification as GOED deems appropriate to carry out the provisions of this
Act.
Section 7. Each application for designation of a certified technology park, each application
for renewal of a designation, and all information related to any such applications, to the extent
not already in the public domain, shall be held in confidence by GOED and may not be made
available to the public prior to designation. If designation or redesignation is denied, the denial
shall remain confidential and no record of the application may be made available to the public.
If a designation or redesignation is granted, the information provided to GOED in connection
with the application and the information provided pursuant to section 4 of this Act shall be
available for public inspection and for use in marketing the certified technology park.
Section 8. GOED may revoke the designation of a certified technology park after notice and
a hearing conducted pursuant to the provisions of chapter 1-26 if the sponsor fails to comply
with section 4 of this Act or if the site no longer qualifies for designation as a certified
technology park."
162ota
On page 1, line 1 of the printed bill, delete everything after "Act to" and insert "provide for
the designation of certified technology parks.".
On page 1, delete lines 2 to 4, inclusive.
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
SB 161 and returns the same with the recommendation that said bill be amended as follows:
161ob
On page 2, line 12, of the Senate State Affairs Committee engrossed bill, delete everything
after "listen" and insert "to the meeting via telephone or the internet".
On page 2, line 13, delete everything before "." .
And that as so amended said bill do pass and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 114 and 175 which were deferred to the 41st Legislative Day.
Respectfully submitted,
David Lust, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HB 1017, 1018, 1051, 1117, 1130, 1156, 1164, 1178,
1199, and 1254 and HJR 1006 which have passed the Senate without change.
Also MR. SPEAKER:
I have the honor to return herewith HB 1059 and 1230 which have been amended by the
Senate and your concurrence in the amendments is respectfully requested.
Also MR. SPEAKER:
I have the honor to return herewith HCR 1011 in which the Senate has concurred.
Respectfully,
Fee Jacobsen, Secretary
MOTIONS AND RESOLUTIONS
Rep. Cronin moved that HCR 1016 and HCR 1017 be referred to the Committee on State
Affairs.
Which motion prevailed.
Rep. Deelstra moved that the House do concur in Senate amendments to HB 1066.
The question being on Rep. Deelstra's motion that the House do concur in Senate
amendments to HB 1066.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Boomgarden; Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Tulson moved that the House do concur in Senate amendments to HB 1131.
The question being on Rep. Tulson's motion that the House do concur in Senate
amendments to HB 1131.
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Tornow
Excused:
Boomgarden; Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Abdallah moved that the House do concur in Senate amendments to HB 1227.
The question being on Rep. Abdallah's motion that the House do concur in Senate
amendments to HB 1227.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Boomgarden; Stricherz; Tornow
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
HCR 1012: A CONCURRENT RESOLUTION, Directing the Department of Game, Fish
and Parks to return a mountain lion carcass or pelt to a certain Harding County resident and to
reconsider its policy with respect to possession of mountain lion carcasses and pelts.
Rep. Olson moved that HCR 1012 as found on pages 520 and 521 of the House Journal be
adopted.
The question being on Rep. Olson's motion that HCR 1012 be adopted.
And the roll being called:
Yeas 21, Nays 47, Excused 2, Absent 0
Yeas:
Brunner; Fargen; Greenfield; Hansen (Jon); Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones;
Kloucek; Liss; Miller; Nelson (Stace); Olson (Betty); Russell; Schrempp; Steele; Tornow; Van
Gerpen; Venner; Wink
Nays:
Abdallah; Blake; Bolin; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Feickert;
Feinstein; Gibson; Gosch; Haggar; Hawley; Hickey; Hoffman; Iron Cloud III; Killer; Kirkeby;
Kirschman; Kopp; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry;
Romkema; Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Street; Tulson; Turbiville;
Vanneman; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch
Excused:
Boomgarden; Stricherz
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
HCR 1014: A CONCURRENT RESOLUTION, Urging the United States Department of
Veterans Affairs to reconsider its proposed closure of certain VA facilities in Hot Springs.
Rep. Iron Cloud III moved that HCR 1014 as found on pages 566 to 568 of the House
Journal be adopted.
The question being on Rep. Iron Cloud III's motion that HCR 1014 be adopted.
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Steele
Excused:
Boomgarden; Street; Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1014 was adopted.
HCR 1015: A CONCURRENT RESOLUTION, Urging the federal government to secure
our national borders and enforce United States immigration laws.
Rep. Nelson moved that HCR 1015 as found on pages 568 and 569 of the House Journal
be adopted.
The question being on Rep. Nelson's motion that HCR 1015 be adopted.
And the roll being called:
Yeas 49, Nays 18, Excused 3, Absent 0
Yeas:
Abdallah; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Elliott; Gosch;
Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Jones; Kirkeby;
Kloucek; Kopp; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup
(David); Olson (Betty); Romkema; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Steele;
Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Speaker Rausch
Nays:
Blake; Dennert; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III;
Killer; Kirschman; Liss; Lucas; Perry; Rozum; Solum; Turbiville; Wismer
Excused:
Boomgarden; Street; Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1015 was adopted.
HCR 1018: A CONCURRENT RESOLUTION, Urging Congress to restore the impact aid
program.
Rep. Brunner moved that HCR 1018 as found on pages 571 and 572 of the House Journal
be adopted.
The question being on Rep. Brunner's motion that HCR 1018 be adopted.
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen;
Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup
(David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott;
Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Bolin
Excused:
Boomgarden; Nelson (Stace); Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1018 was adopted.
SECOND READING OF CONSENT CALENDAR ITEMS
SB 106: FOR AN ACT ENTITLED, An Act to require the disclosure of certain public
employee contracts.
Was read the second time.
The question being "Shall SB 106 pass as amended?"
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Yeas:
Abdallah; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen;
Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp;
Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Blake; Lucas
Excused:
Boomgarden; Stricherz
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.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 112: FOR AN ACT ENTITLED, An Act to remove the limitation on the number of
retail gaming licenses in Deadwood in which a person may have a financial interest.
Having had its second reading was up for consideration and final passage.
Rep. Hickey moved that SB 112 be amended as follows:
On page 1, after line 5 of the printed bill, insert:
" Section 2. That chapter 42-7B be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding the provisions of § 42-7B-58, the Commission of Gaming shall make
available upon written request a list of the owners of each licensed gaming establishment.".
Which motion lost.
The question being "Shall SB 112 pass?"
And the roll being called:
Yeas 48, Nays 20, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein;
Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hoffman; Hunhoff (Bernie); Jones;
Killer; Kirkeby; Kirschman; Kopp; Liss; Lust; Magstadt; Moser; Munsterman; Novstrup
(David); Olson (Betty); Perry; Romkema; Rozum; Sigdestad; Sly; Solum; Steele; Street; Tulson;
Turbiville; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Bolin; Brunner; Feickert; Hickey; Hubbel; Hunt; Iron Cloud III; Jensen; Kloucek; Lucas; Miller;
Nelson (Stace); Russell; Schaefer; Schrempp; Scott; Tornow; Van Gerpen; Venner; Verchio
Excused:
Boomgarden; Stricherz
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.
SB 192: FOR AN ACT ENTITLED, An Act to make appropriations for the purpose of
one-time increases in education and health care funding.
Having had its second reading was up for consideration and final passage.
Rep. Wink moved that SB 192 be amended as follows:
Delete the previously adopted amendment (192mb), thus restoring the bill to the original
printed bill.
Rep. Lust moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Wink's motion that SB 192 be amended.
And the roll being called:
Yeas 41, Nays 27, Excused 2, Absent 0
Yeas:
Abdallah; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar;
Hansen (Jon); Hoffman; Hunt; Jensen; Kirkeby; Kopp; Lust; Magstadt; Miller; Moser;
Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sly;
Solum; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen;
Wink; Speaker Rausch
Nays:
Blake; Bolin; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hubbel;
Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Nelson
(Stace); Russell; Schrempp; Sigdestad; Steele; Street; Tornow; Wismer
Excused:
Boomgarden; Stricherz
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried, and SB 192 was so amended.
The question being "Shall SB 192 pass?"
And the roll being called:
Yeas 64, Nays 4, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson
(Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele;
Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Hubbel; Lucas; Nelson (Stace); Russell
Excused:
Boomgarden; Stricherz
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
educational data reporting.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 127 pass as amended?"
And the roll being called:
Yeas 25, Nays 42, Excused 3, Absent 0
Yeas:
Abdallah; Brunner; Conzet; Cronin; Dryden; Gosch; Haggar; Hansen (Jon); Hoffman; Jones;
Lust; Moser; Munsterman; Novstrup (David); Perry; Schaefer; Sly; Solum; Street; Tulson;
Vanneman; White; Wick; Wismer; Speaker Rausch
Nays:
Blake; Bolin; Carson; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson;
Greenfield; Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Magstadt; Miller; Nelson (Stace); Olson
(Betty); Romkema; Rozum; Russell; Schrempp; Scott; Sigdestad; Steele; Tornow; Turbiville;
Van Gerpen; Venner; Verchio; Willadsen
Excused:
Boomgarden; Stricherz; Wink
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Lust moved that SB 186 be placed to precede SB 123 on today's calendar.
Which motion prevailed.
SB 186: FOR AN ACT ENTITLED, An Act to update the definition of the nonsectarian
textbooks that are loaned to certain students to include digital materials.
Was read the second time.
Rep. Gosch moved that SB 186 be amended as follows:
On page 1, line 14, of the House Education Committee engrossed bill, delete everything
after "materials" .
On page 2, line 1, delete "copyright or site restriction provisions" .
Which motion prevailed.
The question being "Shall SB 186 pass as amended?"
And the roll being called:
Yeas 62, Nays 3, Excused 5, Absent 0
Yeas:
Bolin; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Gosch;
Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt;
Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust;
Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
Nays:
Blake; Gibson; Street
Excused:
Abdallah; Boomgarden; Cronin; Feinstein; Stricherz
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.
SB 123: FOR AN ACT ENTITLED, An Act to revise how the taxes are applied to rural
electric companies.
Was read the second time.
The question being "Shall SB 123 pass as amended?"
And the roll being called:
Yeas 64, Nays 2, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden; Elliott; Fargen;
Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman;
Hubbel; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas;
Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty);
Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele;
Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Hunhoff (Bernie); Hunt
Excused:
Boomgarden; Cronin; Feinstein; Stricherz
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
Rep. Lust moved that SB 174, 169, 75, and 101 be deferred to Monday, February 27, the
28th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 7.
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 157 and has appointed Sens. Olson, Tidemann, and Tieszen 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.
Respectfully,
Fee Jacobsen, Secretary
ANNOUNCEMENTS
The Speaker appointed Reps. Rausch, Gosch, and Hawley as a 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 on SB 157.
There being no objection, the House reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 145 and 158 and returns the same with the recommendation that said bills do
pass and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 170 and returns the same with the recommendation that said bill be amended
as follows:
170fe
On the Senate State Affairs Committee engrossed bill, delete everything after the enacting
clause and insert:
" Section 1. That chapter 6 of the 2011 Session Laws be repealed.
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Any wind energy facility which installs wind turbines and operates the turbines to create
electrical energy is eligible for a rebate of the sales and use taxes and contractors' excise taxes
paid on the project. The wind energy facility is eligible for the rebate if the project has a
construction date on or after January 1, 2013, and the total project costs exceeds fifty million
dollars. For project costs incurred and paid after January 1, 2013, inclusive, the amount of the
rebate for the wind energy facility shall be determined by multiplying the nameplate capacity,
in megawatts, of the installed turbines by forty-five thousand dollars. The rebate is payable
when construction is complete and the sales and use taxes and contractors' excise taxes have
been paid in full.
Section 3. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Any new business facility that is an environmental upgrade to an existing electric generation
facility is eligible for a rebate of the sales and use taxes and contractors' excise taxes paid on the
project. The new business facility is eligible for the rebate if the project has a construction date
on or after January 1, 2013, and the total project costs exceeds fifty million dollars. For project
costs incurred and paid after January 1, 2013, inclusive, the amount of the rebate for an
environmental upgrade shall be fifty percent of the total sales and use taxes and contractors'
excise taxes paid. The rebate is payable when construction is complete and the sales and use
taxes and contractors' excise taxes have been paid in full.
Section 4. That subdivision (6) of § 10-45B-1 be amended to read as follows:
(6) "Power generation facility," a facility with one power unit that generates electricity
with a nameplate capacity of no less than five three hundred megawatts;
Section 5. That § 1-16G-1.2 be amended to read as follows:
1-16G-1.2. The Board of Economic Development may take title by foreclosure to any
property given as security if the acquisition is necessary to protect any economic development
grant or loan or any business incentive grant made under pursuant to the provisions of this
chapter, and may sell, transfer, or convey any such property to any responsible buyer. Any sale
of property hereunder pursuant to the provisions of this chapter shall be performed in a
commercially reasonable manner. If the sale, transfer, or conveyance cannot be effected with
reasonable promptness, the board may, in order to prevent financial loss and sustain
employment, lease the property to a responsible tenant or tenants.
All sale proceeds or lease payments received by the board pursuant to this section shall be
deposited in the fund from which the original
grant or loan was made.
Section 6. That § 1-16G-8 be amended to read as follows:
1-16G-8. The Board of Economic Development shall promulgate rules pursuant to chapter
1-26 concerning the following:
(1) The existing barriers to economic growth and development in the state;
(2) Developing investment in research and development in high technology industries;
(3) The submission of business plans prior to the approval of economic development
grants or loans or business incentive grants. Business plans shall include the products
or services to be offered by the applicant, job descriptions with attendant salary or
wage information by job category, educational requirements by job category,
methods of accounting, financing other than that provided by the economic
development grant or loan or a business incentive grant, and marketing, sales,
merchandising, and other disciplines proposed to be used for business growth and
expansion;
(4) The cooperation between agencies of state government and applicant businesses for
nonfinancial services including loan packaging, marketing assistance, research
assistance, and assistance with finding solutions for complying with environmental,
energy, health, safety, and other federal, state, and local laws and regulations;
(5) Regular performance monitoring and reporting systems for participating businesses
to assure compliance with their business plans and, terms of repayment of an
economic development loan and compliance with terms of an economic development
grant or a business incentive grant;
(6) Establish eligibility criteria for grants and loans;
(7) Establish application procedures for grants and loans, including a requirement that
grant and loan applications be signed under penalty of perjury;
(8) Establish criteria to determine which applicants will receive grants or loans;
(9) Govern the use of proceeds of grants and loans;
(10) Establish criteria for the terms and conditions upon which loans shall be made,
including matching requirements, interest rates, repayment terms, and the terms of
security given to secure such loans; and
(11) Establish criteria for the terms and conditions upon which grants shall be made,
including permitted uses, performance criteria, and matching requirements; and
(12) Establish criteria for the terms and conditions upon which grants shall be repaid for
noncompliance with the terms and conditions upon which the grant was made.
Section 7. That § 1-16G-16.1 be amended to read as follows:
1-16G-16.1. The Board of Economic Development may use the revolving economic
development and initiative fund for the purpose of paying taxes and liens and for the procuring
of legal services and other services necessary to protect, recover, maintain, and liquidate the
assets of the revolving economic development and initiative fund and the business incentive
grant fund. Such costs may be incurred and paid up to ten percent of the loan or grant balance
with a majority vote of the board of economic development. Costs in excess of ten percent shall
be approved by a two-thirds vote of the board. Such services are not subject to state bid laws
so long as such services are procured in a commercially acceptable manner.
Section 8. That chapter 1-16G be amended by adding thereto a NEW SECTION to read as
follows:
Terms used in sections 8 to 13, inclusive, of this Act mean:
(1) "Large-scale project," a project with a total project cost exceeding five million
dollars;
(2) "Project cost," the amount paid in money, credits, property, or other money's worth
for a project.
Section 9. That chapter 1-16G be amended by adding thereto a NEW SECTION to read as
follows:
For the purposes of sections 8 to 13, inclusive, of this Act, the term, project, means a new
building or structure or the expansion of an existing building or structure, the construction of
which is subject to the contractors' excise tax imposed by chapters 10-46A or 10-46B. A project
includes laboratory and testing facilities, manufacturing facilities, power generation facilities,
power transmission facilities, agricultural processing facilities, and wind energy facilities. A
project does not include any building or structure:
(1) Used predominantly for the sale of products at retail, other than the sale of electricity
at retail, to individual consumers;
(2) Used predominantly for residential housing or transient lodging;
(3) Used predominantly to provide health care services;
(4) Constructed for raising or feeding of livestock; or
(5) That is not subject to ad valorem real property taxation or equivalent taxes measured
by gross receipts.
Section 10. That chapter 1-16G be amended by adding thereto a NEW SECTION to read
as follows:
There is established in the state treasury a fund to be known as the business incentive grant
fund for the purpose of making grants for large-scale project development. All money in the
business incentive grant fund is hereby continuously appropriated for the purpose of making
business incentive grants as provided in this chapter. Any repayment of grants from the business
incentive grant fund and any interest thereon shall be receipted into the business incentive grant
fund.
Section 11. That chapter 1-16G be amended by adding thereto a NEW SECTION to read
as follows:
The Board of Economic Development may make business incentive grants from the business
incentive grant fund for the purpose of promoting large-scale project development in South
Dakota.
Section 12. That chapter 1-16G be amended by adding thereto a NEW SECTION to read
as follows:
The Board of Economic Development may accept and expend for the purposes of sections
10 and 11 of this Act, any funds obtained from federal sources, gifts, contributions, or any
source if such acceptance and expenditure is approved in accordance with § 4-8B-10.
Section 13. That chapter 1-16G be amended by adding thereto a NEW SECTION to read
as follows:
There is hereby continuously appropriated to the business incentive grant fund the amount
of eighteen percent of all deposits into the general fund of the contractors' excise tax imposed
by chapter 10-46A and the alternate contractors' excise tax imposed by chapter 10-46B.
Transfers from the general fund to the business incentive grant fund pursuant to this provision
shall be made on a monthly basis by the Bureau of Finance and Management.
Section 14. The provisions of section 13 of this Act are effective on January 1, 2013."
170fte
On page 1, line 1 of the Senate State Affairs Committee engrossed bill, delete everything
after "to" and insert " repeal the large project development fund and the appropriation therefor,
to provide tax rebates for certain energy projects, to establish and provide for the administration
of the business incentive grant fund, and to make an appropriation for the business incentive
grant fund.".
On page 1, delete line 2.
And that as so amended said bill do pass.
Respectfully submitted,
Roger D. Solum, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 10
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 43
and returns the same with the recommendation that said bill be amended as follows:
43ra
On page 1, line 14, of the printed bill, after "felony." insert "This section does not apply
to any health care provider or to any facility licensed pursuant to chapter 34-12.".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 91
and returns the same with the recommendation that said bill be amended as follows:
91fc
On page 1 of the Senate engrossed bill, delete lines 6 to 9, inclusive, and insert:
" After notice and unanimous vote of the shareholders, a shareholder of a subchapter S
corporation that has ten or fewer shareholders, may represent the corporation during a property
tax appeal, pursuant to chapter 10-11, to the Office of Hearing Examiners. The designated
shareholder does not need to be a licensed attorney. In order to exercise this option, the
corporation shall present to the Office of Hearing Examiners, the name and mailing address of
each of the shareholders, proof of notice to the shareholders, and a copy of the minutes and
motion or resolution reflecting the unanimous vote authorizing the designated shareholder to
represent the corporation in the appeal.".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 86
which was deferred to the 41st Legislative Day.
Respectfully submitted,
Roger W. Hunt, Chair
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1047, 1050, 1063,
1065, 1079, 1088, 1128, 1153, 1192, 1195, 1202, and 1212 were delivered to his Excellency,
the Governor, for his approval at 10:50 a.m., February 24, 2012.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1017, 1018, 1051, 1117, 1130, 1156, 1164, 1178,
1199, 1254, and 1263 and HJR 1006 and finds the same correctly enrolled.
Respectfully submitted,
Val Rausch, Chair
SIGNING OF BILLS
The Speaker publicly read the title to
HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration
to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an
emergency.
HB 1018: FOR AN ACT ENTITLED, An Act to repeal certain obsolete or unnecessary
provisions pertaining to the Department of Game, Fish and Parks.
HB 1051: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Board of Regents to implement the long-term capital project request of the
Board of Regents providing for the demolition, construction, remodeling, or renovation of
various structures on the campuses of the state's universities and to make appropriations
therefor.
HB 1117: FOR AN ACT ENTITLED, An Act to provide for the taking of muskrats by
shooting under certain conditions.
HB 1130: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain
documents filed with the county register of deeds, to create a county and statewide fund for the
purpose of modernizing and preserving records, and to distribute certain revenue.
HB 1156: FOR AN ACT ENTITLED, An Act to revise procedures and requirements
relating to special assessments and the financing of local improvements.
HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sale of certain surplus property in Yankton County.
HB 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
disposal of local government property.
HB 1199: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
distribution of funds to sparse school districts.
HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the
decision of a pregnant mother considering termination of her relationship with her child by an
abortion, to establish certain procedures to insure that such decisions are voluntary, uncoerced,
and informed, and to revise certain causes of action for professional negligence relating to
performance of an abortion.
HB 1263: FOR AN ACT ENTITLED, An Act to provide for mandatory HIV testing for
any person convicted of prostitution or solicitation of prostitution and to provide for appropriate
utilization of the test results.
HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to Article XIII, sections 20 and 21 of the Constitution of the
State of South Dakota, relating to the trust fund created from the proceeds of the state cement
enterprise sales.
SB 22: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
vacation or the change of location of county and township highways on school and public lands.
SB 37: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission and to declare an
emergency.
SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding habeas
corpus.
SB 46: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase
an airport structure for use by South Dakota State University and to make an appropriation
therefor.
SB 47: FOR AN ACT ENTITLED, An Act to increase the authorized square footage for
the motor pool building at South Dakota State University, to make an appropriation therefor,
and to declare an emergency.
SB 70: FOR AN ACT ENTITLED, An Act to revise the procedures for filing referred laws,
initiated constitutional amendments, and initiated measures and to revise certain election
provisions and campaign finance requirements for referred laws, initiated constitutional
amendments, and initiated measures.
SB 72: FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language
pathology to the public.
SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
unclaimed property trust fund.
SB 84: FOR AN ACT ENTITLED, An Act to allow for the reimbursement of travel
expenses during the recruitment of certain professional staff.
SB 90: FOR AN ACT ENTITLED, An Act to establish a fee for payments returned to the
Office of the Secretary of State due to insufficient funds and to provide for the distribution of
the fee.
SB 104: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
investment of public funds.
SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
elections.
SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
application for absentee voting.
SB 154: FOR AN ACT ENTITLED, An Act to revise certain statutes pertaining to persons
required to report child abuse and neglect.
SB 176: FOR AN ACT ENTITLED, An Act to establish a program to assist rural health
care facilities in recruiting certain health care professionals and to repeal certain provisions
regarding recruitment incentive payments for health care professionals.
SB 177: FOR AN ACT ENTITLED, An Act to establish a program to assist rural
communities to recruit certain health care professionals and to repeal certain provisions
regarding the physician, the midlevel, and the dentist tuition reimbursement programs.
SB 189: FOR AN ACT ENTITLED, An Act to provide a designation on certain nondriver
identification cards, driver licenses, and permits that the card holders or licensees are honorably
discharged veterans.
SB 196: FOR AN ACT ENTITLED, An Act to allow for the redistribution of existing
nursing facility beds.
And signed the same in the presence of the House.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:11 p.m. the House adjourned.
Karen Gerdes, Chief Clerk
by Arlene Kvislen