81
st Legislative Session _ 2006
Committee: Senate Taxation
Wednesday, February 15, 2006
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 10, 2006
Moved by: Kelly
Second by: Duenwald
Action: Prevailed by voice vote.
HB 1174: revise certain provisions concerning business improvement districts.
Presented by: Representative Alan Hanks
Proponents: Harry Christianson, self, Rapid City
MOTION:
AMEND HB 1174
1174fc
On page
1,
after line 9 of the House Taxation Committee engrossed bill, insert:
"
Section 2. That chapter
9-55
be amended by adding thereto a NEW SECTION to read as follows:
If a district has imposed an occupation tax based on rooms rented and the occupational tax
revenue was used only for the promotion of the district, a majority of the landowners may dissolve
the district established pursuant to
§
9-55-7 by submitting a petition to the governing body requesting
the district to be dissolved. On and after the date the petition is filed with the governing body, the
district may not enter into any new obligations or contracts. Not withstanding the other provisions
of this chapter, the governing body, upon receiving the petition and verifying that a majority of the
landowners have signed the petition, shall by resolution dissolve the district. However, the governing
body may not dissolve the district until there are sufficient funds available to extinguish all of the
debts and obligations of the district. The governing body shall administer any remaining affairs and
issues concerning the dissolved district.".
Moved by: Kelly
Second by: Lintz
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1174 AS AMENDED
Moved by: Kelly
Second by: Hansen (Tom)
Action: Prevailed by roll call vote.(8-0-1-0)
Voting Yes: Duenwald, Hansen (Tom), Hundstad, Kelly, Nesselhuf, Peterson (Jim), Lintz,
Knudson
Excused: Kooistra
MOTION:
PLACE HB 1174 ON CONSENT CALENDAR
Moved by: Kelly
Second by: Peterson (Jim)
Action: Prevailed by voice vote.
HB 1237: make an appropriation to fund tax refunds for elderly and disabled persons
and to revise the income eligibility requirements for property tax and sales tax
refunds.
Presented by: Angella Van Scharrel, Bureau of Finance & Management
Proponents: Sam Wilson, AARP
MOTION:
REFER TO Appropriations
Moved by: Duenwald
Second by: Lintz
Action: Prevailed by roll call vote.(8-0-1-0)
Voting Yes: Duenwald, Hansen (Tom), Hundstad, Kelly, Nesselhuf, Peterson (Jim), Lintz,
Knudson
Excused: Kooistra
HB 1164: provide for the taxation of leased motorcycles and motorized bicycles.
Presented by: Representative Jeffrey Haverly
Proponents: Myron Rau, SD Auto Dealer's Assn.
Deb Hilmer, Director of the Division of Motor Vehicles, answered questions from the committee.
MOTION:
DO PASS HB 1164 AS AMENDED
Moved by: Kelly
Second by: Hansen (Tom)
Action: Prevailed by roll call vote.(8-0-1-0)
Voting Yes: Duenwald, Hansen (Tom), Hundstad, Kelly, Nesselhuf, Peterson (Jim), Lintz,
Knudson
Excused: Kooistra
MOTION:
TO AMEND TITLE OF HB 1164
1164fta
On page
1,
line 1 of the printed bill,
delete "
provide for
"
and insert "revise".
Moved by: Lintz
Second by: Duenwald
Action: Prevailed by voice vote.
The gavel was turned over to Vice-Chair Lintz.
HB 1110: provide compensation to certain retailers for collecting and remitting the
sales tax.
Presented by: Representative Shantel Krebs
Proponents: Jerry Wheeler, SD Retailers Assn.
Terry Wilts, self, Sioux Falls
Bob Riter Jr., Nat'l Federation of Independent Business
Dawna Leitzke, South Dakota Petroleum Marketers Assn.
Opponents: Gary Viken, Secretary, Department of Revenue and Regulation (handout #1)
The gavel was returned to Chair Knudson.
MOTION:
DO PASS HB 1110
Moved by: Kelly
Second by: Peterson (Jim)
Action: Prevailed by roll call vote.(5-4-0-0)
Voting Yes: Hansen (Tom), Hundstad, Kelly, Peterson (Jim), Lintz
Voting No: Duenwald, Kooistra, Nesselhuf, Knudson
MOTION:
ADJOURN
Moved by: Lintz
Second by: Nesselhuf
Action: Prevailed by voice vote.
Cindy Tryon
____________________________
Committee Secretary
Dave Knudson, Chair
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