82nd Legislative Session _ 2007

Committee: House State Affairs
Monday, February 05, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brunner
P    Cutler
P    Deadrick
P    Dykstra, Vice-Chair
P    Faehn
P    Gillespie
P    Hargens
P    Krebs
P    Miles
P    Moore
P    Rave
P    Turbiville
P    Rhoden, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Larry Rhoden

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 2, 2007

Moved by:    Rave
Second by:    Brunner
Action:    Prevailed by voice vote.

Chair Rhoden passed the gavel to Vice-Chair Dykstra.

         HB 1139: define the status of principal in the education enhancement trust fund and the health care trust fund.

Presented by:    Representative Larry Rhoden

Proponents:    Senator Dave Knudson
        Representative Don Van Etten
        Larry Luitjens, American Cancer Society (Handout #1)
        Jennifer Stalley, American Cancer Society
        Jason Dilges, Bureau of Finance and Management

MOTION:     AMEND HB 1139

1139rf
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby created in the state treasury the education enhancement tobacco tax fund. All moneys in the education enhancement tobacco tax fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations acts for education enhancement programs.

     Section 2. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby created in the state treasury the health care tobacco tax fund. All moneys in the health care tobacco tax fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations acts for health care related programs.

     Section 3. That § 10-50-52 be amended to read as follows:

     10-50-52.   The first thirty million dollars in revenue collected annually pursuant to this chapter shall be deposited in the general fund. All revenue in excess of thirty million dollars collected annually shall be deposited in the tobacco prevention and reduction trust fund. Five million dollars of the revenue deposited annually in the tobacco prevention and reduction trust fund pursuant to this section shall be used to implement the tobacco prevention and reduction program. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the property tax reduction fund. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the education enhancement trust tobacco tax fund. Thirty-four percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the health care trust tobacco tax fund. "


Moved by:    Rhoden
Second by:    Deadrick
Action:    Prevailed by voice vote.


MOTION:     DO PASS HB 1139 AS AMENDED

Moved by:    Rhoden
Second by:    Brunner
Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Krebs, Miles, Rave, Turbiville, Rhoden

Voting No:    Gillespie, Hargens, Moore

 MOTION:     TO AMEND TITLE OF HB 1139

1139rtb
     On page 1, line 1 of the printed bill, delete " define the status of principal in " and insert "create and provide for".

     On page 1 , line 2, after " enhancement " delete " trust " and insert "tobacco tax".

     On page 1 , line 2, after " care " delete " trust " and insert " tobacco tax".

Moved by:    Deadrick
Second by:    Rhoden
Action:    Prevailed by voice vote.

          HB 1140: require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

Presented by:    Representative Larry Rhoden
Proponents:    Jennifer Stalley, American Cancer Society

MOTION:     DO PASS HB 1140

Moved by:    Rhoden
Second by:    Deadrick
Action:    Prevailed by roll call vote.(12-1-0-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Rave, Turbiville, Rhoden

Voting No:    Moore


Vice-Chair Dykstra passed the gavel back to Chair Rhoden.

The Chair moved HB 1209 to the bottom of the agenda.

The Chair deferred HB 1237 until Wednesday, February 7, 2007.

         HB 1272: provide for an early presidential primary.

Presented by:    Representative Shantel Krebs
Proponents:    Senator Dave Knudson

MOTION:     DO PASS HB 1272

Moved by:    Deadrick
Second by:    Brunner
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Moore, Rave, Turbiville, Rhoden

         HB 1271: make an appropriation to reimburse counties for the cost of the 2008 presidential primary.

MOTION:     REFER TO Appropriations

Moved by:    Krebs
Second by:    Rave
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Moore, Rave, Turbiville, Rhoden

         HB 1286: require that records of archaeological sites be maintained and to provide that certain records remain confidential.

Presented by:    Representative Mike Vehle
Proponents:    Jay Vogt, SD State Historical Society

MOTION:     AMEND HB 1286

1286oa
     On page 2, line 3 of the printed bill, after "archaeologist" delete " may " and insert "shall".

     On page 2 , line 5, after " site " delete " or " and insert "and may make the information available".

     On page 2 , line 13, delete " may " and insert "shall".

     On page 2 , line 14, delete " or " and insert "and may make the information available".

Moved by:    Deadrick
Second by:    Brunner
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1286 AS AMENDED

Moved by:    Dykstra
Second by:    Rave
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Moore, Rave, Turbiville, Rhoden

          HB 1213: establish legislative finding related to the composition of the Board of Pardons and Paroles.

Presented by:    Representative Thomas Van Norman

MOTION:     DO PASS HB 1213

Moved by:    Hargens
Second by:    Miles
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1213 TO THE 41ST LEGISLATIVE DAY

Moved by:    Cutler
Second by:    Dykstra
Action:    Prevailed by roll call vote.(11-2-0-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Krebs, Miles, Rave, Turbiville, Rhoden


Voting No:    Hargens, Moore

         HB 1229: reduce the taxes on cigarettes and tobacco products and to revise the distribution of the revenue from cigarettes and tobacco products.

Presented by:    Representative Garry Moore
Opponents:    Jennifer Stalley, American Cancer Society
        Michael Kenyon, Department of Revenue and Regulation

MOTION:     DEFER HB 1229 TO THE 41ST LEGISLATIVE DAY

Moved by:    Turbiville
Second by:    Krebs
Action:    Prevailed by roll call vote.(12-1-0-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Rave, Turbiville, Rhoden

Voting No:    Moore

The Chair deferred HB 1209 until another day.

MOTION:     ADJOURN

Moved by:    Hargens
Second by:    Moore
Action:    Prevailed by voice vote.



Jeannette Schipper

____________________________

Committee Secretary
Larry Rhoden, Chair