87
th Legislative Session _ 2012
Committee: Senate State Affairs
Wednesday, February 08, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Adelstein
P Cutler
P Frerichs
P Gray
P Johnston
P Rave
P Tieszen
P Olson (Russell), Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Larry Rhoden, Chair.
MOTION: TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 6, 2012
Moved by: Rave
Second by: Olson (Russell)
Action: Prevailed by voice vote.
SB 174: increase the 911 emergency surcharge, to revise the collection and
distribution of the surcharge revenue, to provide for point of sale collection of the
prepaid wireless 911 emergency surcharge, and to provide funding for the upgrade
of 911 emergency services.
Presented by: Senator Corey Brown (Handout: 1)
Proponents: Jeff Carmon, Century Link, Sioux Falls
Daren Ketcham, Sioux Falls, Self
Ted Rufledt, Jr., Rapid City, Self
Robert Johnson, Buffalo, Self
Cheryl Riley, ATT, Cheyenne, Wyo
Nancy Riedel, Verizon, Cheyenne, Wy.
Dean Krogman, American Heart Association
Yvonne Taylor, SD Municipal League
Fred Lamphere, Belle Fourche, Self
Staci Eggert, SD Sheriff's Association
Greg Dean, SD Telecommunications Association
Andy Gerlach, Department of Revenue
Trevor Jones, Department of Public Safety
Bob O'Connell, Sioux Falls Area Chamber of Commerce
MOTION: AMEND SB 174
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On page 1 of the printed bill, delete lines 6 to 9, inclusive, and insert:
" Section 1. That § 34-45-2 be amended to read as follows:
34-45-2. The governing body of a public corporation may by ordinance authorize a 911
emergency reporting system. The ordinance shall include a description of the proposed 911 service
area. If the governing body of a public agency had adopted an ordinance authorizing a 911
emergency reporting system which was in effect on January 1, 2012, the ordinance remains in effect
for establishing such 911 service area unless amended or repealed by the public agency. Any
provision in the ordinance establishing a surcharge is no longer in effect after July 1, 2012. ".
On page 3, delete lines 20 to 24, inclusive, and insert "Any entity required to collect and remit the
surcharge imposed pursuant to § 34-45-4 or section 3 of this Act shall register with the Department
of Revenue. There is no registration fee. A registration shall be made upon a form prescribed by the
secretary of the Department of Revenue and shall set forth the name under which the applicant
transacts or intends to transact business, the location of the place of business, and such other
information as the secretary may require.
The department shall issue an identification number to each applicant. This identification number
is not assignable and is valid only for the entity to which it was issued. The identification number
is valid until canceled or revoked.".
On page 4, delete lines 1 to 4, inclusive.
On page 5, line 7, after "collect" insert "the surcharge".
On page 5, line 19, delete "holds a license issued" and insert "is registered".
On page 6, line 1, delete "premise" and insert "business premises".
On page 7, line 8, after "remit" insert "each month".
On page 7, line 10, after "." insert "The secretary of the Department of Public Safety shall
approve vouchers and the state auditor shall draw warrants to pay each public agency its share of the
distribution.".
On page 7, line 13, delete "surcharges" and insert "surcharge".
On page 7, line 14, after "into" insert "the".
On page 8, line 5, after ";" insert "and".
On page 8, delete lines 6 to 9, inclusive, and insert "(2) Transfer seventy-four percent of the
money deposited in the fund to the South Dakota 911".
On page 9, line 2, before "three" insert "first".
On page 10, line 22, overstrike "A public safety answering point shall comply with ARSD
50:02:04:02(2)".
On page 11, line 3, delete "by July 1, 2015." and insert "No public safety answering point may
be required to comply with the provisions of ARSD 50:02:04:02(2), unless the next generation 911
initiative has been implemented. The board shall determine when the next generation 911 initiative
is operational. The board shall notify each public safety answering point not complying with the
provisions of this rule when this determination has been made. The public safety answering point
shall comply with the provisions of the rule within ninety days.".
On page 12, delete lines 4 to 21, inclusive, and insert:
"
(1) Makes any false or fraudulent return in attempting to defeat or evade the surcharge
imposed by § 34-45-4 or section 3 of this Act is guilty of a Class 1 misdemeanor;
(2) Fails to pay the surcharge collected pursuant to the provisions of this chapter within sixty
days from the date the surcharge becomes due is guilty of a Class 2 misdemeanor;
(3) Fails to keep the records required by this chapter or refuses to exhibit these records to the
Department of Revenue for the purpose of examination is guilty of a Class 2
misdemeanor;
(4) Fails to file a return required by this chapter within sixty days from the date the return is
due is guilty of a Class 2 misdemeanor;
(5) Willfully violates any rule of the secretary for the administration and enforcement of the
provisions of this chapter is guilty of a Class 2 misdemeanor; or
(6) Fails to submit a 911 emergency surcharge registration after having been notified in
writing by the secretary of the Department of Revenue that the person is subject to the
provisions of this chapter is guilty of a Class 2 misdemeanor. However, it is not a
violation of this subdivision if the person submits a registration and meets all lawful
prerequisites for registering within ten days from receipt of written notice from the
secretary.".
On page 16, line 9, delete "incorporated".
On page 18, line 23, after "findings" insert "of".
On page 19, line 19, after "remit" insert "each month".
On page 19, line 21, after "." insert "The secretary of the Department of Public Safety shall
approve vouchers and the state auditor shall draw warrants to pay each public agency its share of the
distribution.".
On page 20, line 1, delete "surcharges" and insert "surcharge".
On page 20, line 1, after "into" insert "the".
On page 20, delete lines 13 to 19, inclusive, and insert "The Department of Public Safety shall
distribute the money deposited in the fund based on the ratio of the population of each eligible public
safety answering point to the population of all the eligible public safety answering points.".
Moved by: Rave
Second by: Olson (Russell)
Action: Prevailed by voice vote.
MOTION: DO PASS SB 174 AS AMENDED
Moved by: Olson (Russell)
Second by: Rave
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Cutler, Frerichs, Gray, Johnston, Rave, Tieszen, Olson (Russell), Rhoden
Excused: Adelstein
HB 1046: revise certain provisions regarding child custody during a soldier's
deployment.
Presented by: Robert Pasquallcci, Department of Military, Rapid City
Proponents: Royce Loesch, SD American Legion
Opponents: Tom Barnett, State Bar Association of South Dakota
THE CHAIR DEFERRED HB 1046
HB 1049: add certain definitions regarding the Department of the Military.
Presented by: Robert Pasquallcci, Department of Military, Rapid City
MOTION: DO PASS HB 1049
Moved by: Rave
Second by: Frerichs
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Adelstein, Cutler, Frerichs, Gray, Rave, Tieszen, Olson (Russell), Rhoden
Excused: Johnston
SB 175: increase the number of video lottery machines that may be placed in a
licensed establishment.
Presented by: Senator Bob Gray
Proponents: Larry Mann, Video Lottery Establishments of SD
Opponents: Mark Weber, Sioux Falls, Self
Linda Schauer, Concerned Women For America
Dale Bartscher, Family Heritage Alliance Action Inc.
Paul Goetze, Pierre, Self
MOTION: AMEND SB 175
175oa
On page 1, line 7, of the printed bill, after "establishment." insert "If more than ten video lottery
machines are placed in a licensed establishment, each video lottery machine in excess of ten
machines shall include video lottery game software approved by the commission after July 1, 2011.".
Moved by: Gray
Second by: Rave
Action: Prevailed by voice vote.
MOTION: DO PASS SB 175 AS AMENDED
Moved by: Gray
Second by: Rave
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Adelstein, Frerichs, Gray, Johnston, Rave, Tieszen, Olson (Russell)
Voting No: Cutler, Rhoden
SB 180: Proposing and submitting to the electors at the next general election a new
section to Article VI of the Constitution of the State of South Dakota, relating to the
distinction between the rights of natural persons and artificial entities.
Presented by: Senator Jason Frerichs
MOTION: TO TABLE SB 180
Moved by: Tieszen
Second by: Rave
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Adelstein, Cutler, Frerichs, Johnston, Rave, Tieszen, Olson (Russell), Rhoden
Excused: Gray
SB 182: revise certain provisions concerning tax incremental districts.
Presented by: Senator Stanford Adelstein (Handout: 2)
Proponents: Mike Houdyshell, Department of Revenue
Julie Johnson, Absolutely Aberdeen
MOTION: DO PASS SB 182
Moved by: Adelstein
Second by: Cutler
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 182 TO THE 41
ST LEGISLATIVE DAY
Moved by: Johnston
Second by: Rave
Action: Prevailed by roll call vote. (5-3-1-0)
Voting Yes: Cutler, Frerichs, Johnston, Rave, Tieszen
Voting No: Adelstein, Olson (Russell), Rhoden
Excused: Gray
MOTION: ADJOURN
Moved by: Rave
Second by: Tieszen
Action: Prevailed by voice vote.
Kay Johnson
____________________________
Committee Secretary
Larry Rhoden, Chair
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