P - Present
E - Excused
A - Absent
Roll Call
P Duenwald
P Hansen (Tom)
P Hundstad
P Kelly
P Kooistra
P Nesselhuf
P Peterson (Jim)
P Lintz, Vice-Chair
P Knudson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Knudson.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 3, 2006
Moved by: Kooistra
Second by: Duenwald
Action: Prevailed by voice vote.
SB 111: repeal the excise tax on the gross receipts of personal communications
system, wireless, and cellular telecommunications companies.
Previous testimony was heard on SB 111 on February 1, 2006.
Presented by: Senator Ed Olson
Opponents: Greg Dean, SD Telecommunications Assn.
Michael Kenyon, Dept of Revenue and Regulation, answered questions from the committee.
MOTION:
AMEND SB 111
"
Section 1. That
§
10-33A-4
be amended to read as follows:
10-33A-4.
There is hereby imposed a tax of four percent upon the gross receipts of
telecommunications services, as defined in § 10-33A-2, that originate and terminate in the same state
and are billed to a customer with a place of primary use in this state or are deemed to have originated
or been received in this state and to be billed or charged to a service address in this state if the
customer's place of primary use is located in this state regardless of where the service actually
originates or terminates. Notwithstanding any other provision of this chapter and for purposes of the
tax imposed by this section, the tax imposed upon mobile telecommunication services shall be
administered in accordance with 4 U.S.C. §§ 116-126 as of July 28, 2000.
After January 1, 2006, the
total amount of revenue imposed by this chapter for any twelve month period may not exceed the
total amount of revenue collected for the twelve month period ending December 31, 2005.
"
Moved by: Hundstad
Second by: Lintz
Action: Failed by roll call vote.(0-8-1-0)
Voting No: Duenwald, Hundstad, Kelly, Kooistra, Nesselhuf, Peterson (Jim), Lintz, Knudson
Excused: Hansen (Tom)
MOTION:
DEFER SB 111 TO THE 36TH LEGISLATIVE DAY
Moved by: Lintz
Second by: Kelly
Action: Prevailed by roll call vote.(7-2-0-0)
Voting Yes: Duenwald, Hansen (Tom), Hundstad, Kelly, Kooistra, Lintz, Knudson
Voting No: Nesselhuf, Peterson (Jim)
HB 1206: provide contractors' excise, sales, and use tax refunds for the filming of
certain motion pictures, documentaries, or television films.
Presented by: Representative Cooper Garnos
Senator Stanford Adelstein
"
Moved by: Kelly
Second by: Hundstad
Action: Prevailed by roll call vote.(6-3-0-0)
Voting Yes: Duenwald, Hansen (Tom), Hundstad, Kelly, Peterson (Jim), Knudson
Voting No: Kooistra, Nesselhuf, Lintz
MOTION:
DO PASS HB 1206 AS AMENDED
Moved by: Lintz
Second by: Duenwald
Action: Prevailed by roll call vote.(8-1-0-0)
Voting Yes: Duenwald, Hansen (Tom), Kelly, Kooistra, Nesselhuf, Peterson (Jim), Lintz,
Knudson
Voting No: Hundstad
MOTION:
TO AMEND TITLE OF HB 1206
Moved by: Kelly
Second by: Lintz
Action: Prevailed by voice vote.
SB 121: provide for the assessment of severed mineral interests and to provide
additional funding for the general fund of counties and school districts.
Presented by: Senator Eric Bogue
Proponents: Larry Nelson, SD Municipal League
David Blair, East River Electric Power Cooperative, Inc.
"
Section
1.
Electric utilities, public utilities, telecommunication companies, and rural water
systems have the right to the use of the railroad right-of-way for the placement of facilities, upon
payment of a reasonable fee, and subject to reasonable regulation and negotiation in good faith as
to location, placement, and compensation when the placement of facilities is outside the public right
of way."
Moved by: Hundstad
Second by: Lintz
Action: Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF SB 121
"
Moved by: Hansen (Tom)
Second by: Duenwald
Action: Prevailed by roll call vote.(5-4-0-0)
Voting Yes: Duenwald, Hansen (Tom), Kelly, Peterson (Jim), Knudson
Voting No: Hundstad, Kooistra, Nesselhuf, Lintz
MOTION:
DEFER SB 121 TO THE 36TH LEGISLATIVE DAY
Moved by: Kooistra
Second by: Kelly
Action: Failed by roll call vote.(4-5-0-0)
Voting Yes: Kelly, Kooistra, Nesselhuf, Peterson (Jim)
Voting No: Duenwald, Hansen (Tom), Hundstad, Lintz, Knudson
MOTION:
DO PASS SB 121 AS AMENDED
Moved by: Hundstad
Second by: Hansen (Tom)
Action: Prevailed by roll call vote.(6-3-0-0)
Voting Yes: Duenwald, Hansen (Tom), Hundstad, Peterson (Jim), Lintz, Knudson
Voting No: Kelly, Kooistra, Nesselhuf
MOTION:
ADJOURN
Moved by: Nesselhuf
Second by: Hundstad
Action: Prevailed by voice vote.
Cindy Tryon