81st Legislative Session _ 2006

Committee: House Taxation
Tuesday, January 31, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Buckingham
P    Dykstra
P    Garnos
P    Glover
P    Hackl
P    Hills
P    Lange
P    Novstrup
P    Olson (Ryan)
P    Turbiville
P    Valandra
P    Van Etten
P    Weems
P    Koistinen, Vice-Chair
P    Wick, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Vice Chair Koistinen

MOTION:     TO APPROVE THE MINUTES OF JANUARY 26, 2006

Moved by:    Turbiville
Second by:    Hills
Action:    Prevailed by voice vote.

         HB 1144: provide contractors' excise, sales, and use tax refunds for certain energy generation facilities.
Previous testimony was taken on HB 1144


Opponents:    Jane Page, SD Dept. Of Revenue and Regulation

MOTION:     AMEND HB 1144

1144fc
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 10-46A be amended by adding thereto a NEW SECTION to read as follows:

     There are exempted from the provisions of this chapter and from the tax imposed by it, gross receipts from the sale and installation of a geothermal heat pump system.

     Section 2. That chapter 10-46B be amended by adding thereto a NEW SECTION to read as follows:

     There are exempted from the provisions of this chapter and from the tax imposed by it, gross receipts from the sale and installation of a geothermal heat pump system.

     Section 3. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     There are exempted from the provisions of this chapter and from the tax imposed by it, gross receipts from the sale and installation of a geothermal heat pump system.

     Section 4. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

     There are exempted from the provisions of this chapter and from the tax imposed by it, gross receipts from the sale and installation of a geothermal heat pump system."

Moved by:    Garnos
Second by:    Buckingham
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1144 TO THE 36TH LEGISLATIVE DAY

Moved by:    Dykstra
Second by:    Van Etten
Action:    Prevailed by roll call vote.(11-4-0-0)


Voting Yes:    Buckingham, Dykstra, Glover, Hills, Novstrup, Olson (Ryan), Turbiville, Van Etten, Weems, Koistinen, Wick

Voting No:    Garnos, Hackl, Lange, Valandra

         HB 1226: expand the tax refund for agricultural processing facilities to include expansions to existing facilities and to revise the time period in which an application must be submitted.

Presented by:    Jafar Karim, Department of Tourism
Proponents:    Jane Page, SD Dept. Of Revenue and Regulation
        Don Andres, self
        Harry Christianson, Ethanol Producers Of SD
        David Owen, SD Chamber of Commerce & Industry
        Mark Leddy, Valley Queen Cheese, Milbank

MOTION:     DO PASS HB 1226

Moved by:    Dykstra
Second by:    Weems
Action:    Withdrawn.

MOTION:     AMEND HB 1226

1226fa
     On page 3, line 7 of the printed bill, overstrike " 2005 " and insert " 2006 ".

     On page 3 , line 8, overstrike " 2005 " and insert " 2006 ".

     On page 3 , line 9, overstrike " 2005 " and insert " 2006 ".

Moved by:    Hills
Second by:    Weems
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1226 AS AMENDED

Moved by:    Dykstra
Second by:    Hackl
Action:    Prevailed by roll call vote.(14-0-1-0)


Voting Yes:    Buckingham, Dykstra, Garnos, Glover, Hackl, Hills, Novstrup, Olson (Ryan), Turbiville, Valandra, Van Etten, Weems, Koistinen, Wick

Excused:    Lange

         HB 1227: provide a property tax exemption for coal-fired power plants upgrading pollution control equipment.

Presented by:    Jafar Karim, Department of Tourism
Proponents:    Michael Kenyon, Department of Revenue and Regulation
        Kevin Kouba, Otter Tail Power Company

MOTION:     DO PASS HB 1227

Moved by:    Turbiville
Second by:    Weems
Action:    Prevailed by roll call vote.(14-0-1-0)

Voting Yes:    Buckingham, Dykstra, Garnos, Glover, Hackl, Hills, Novstrup, Olson (Ryan), Turbiville, Valandra, Van Etten, Weems, Koistinen, Wick

Excused:    Lange

         HB 1081: exempt from the sales and use taxes certain maintenance items used on agricultural machinery and equipment.

Presented by:    Representative Joel Dykstra
Proponents:    Senator Jim Peterson
        Jane Page, SD Dept. Of Revenue and Regulation
        Dean Krogman, Implement Dealers of SD
        Yvonne Taylor, SD Municipal League

MOTION:     DO PASS HB 1081

Moved by:    Buckingham
Second by:    Garnos
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1081

1081fa
     On page 2, after line 9 of the printed bill, insert:

"
     Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

Moved by:    Wick
Second by:    Weems
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1081 AS AMENDED

Moved by:    Buckingham
Second by:    Weems
Action:    Prevailed by roll call vote.(15-0-0-0)

Voting Yes:    Buckingham, Dykstra, Garnos, Glover, Hackl, Hills, Lange, Novstrup, Olson (Ryan), Turbiville, Valandra, Van Etten, Weems, Koistinen, Wick

MOTION:     TO AMEND TITLE OF HB 1081

1081fta
     On page 1, line 2 of the printed bill, after " equipment " insert "and to declare an emergency".

Moved by:    Wick
Second by:    Weems
Action:    Prevailed by voice vote.

MOTION:     PLACE HB 1081 ON CONSENT CALENDAR

Moved by:    Turbiville
Second by:    Hills
Action:    Failed by voice vote.

         HB 1154: impose an excise tax on the gross receipts from the sale and use of farm machinery, farm attachment units, and irrigation equipment and to exempt the gross receipts from the sale of farm machinery, farm attachment units, and irrigation equipment from sales and use tax.

Presented by:    Representative Joel Dykstra
Proponents:    Senator Jim Peterson


        Yvonne Taylor, SD Municipal League
        Jane Page, SD Dept. Of Revenue and Regulation
        Bob Biersbach, self, Milbank

The Chair deferred HB 1154 until Thursday, February 2, 2006 .

MOTION:     ADJOURN

Moved by:    Hills
Second by:    Dykstra
Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary
Hal G. Wick, Chair


../01310730.HTA
Page 1