88^th Legislative Session _ 2013

Committee: Senate Taxation

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Ewing
P    Kirkeby
P    Omdahl
P    Otten (Ernie)
P    Welke
P    Monroe, Vice-Chair
P    Maher, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair, Senator Maher.

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 30^TH.

Moved by:    Welke
Second by:    Ewing
Action:    Prevailed by voice vote.

        SB 199: exempt all property used for educational purposes from taxation.

        THE CHAIR DEFERRED SB 199 UNTIL TO MONDAY, FEBRUARY 11^TH.

        SB 121: repeal certain provisions relating to the Commission on Intergovernmental Cooperation and to authorize state membership in the Council of State Governments.

Presented by:    Senator Deb Peters
Opponents:    Steve Sibson, self, Mitchell (Handouts: #1, 2 & 3)

MOTION:    AMEND SB 121

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121ua

    On page 3 of the printed bill, delete lines 4 to 8, inclusive.

Moved by:    Monroe
Second by:    Otten (Ernie)
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 121 AS AMENDED

Moved by:    Monroe
Second by:    Otten (Ernie)
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Ewing, Kirkeby, Omdahl, Otten (Ernie), Welke, Monroe, Maher

MOTION:    AMEND TITLE OF SB 121

121fta

    On page 1, line 2, of the printed bill, delete everything after "Corporation" and insert ".".

    On page 1, delete line 3.

Moved by:    Monroe
Second by:    Kirkeby
Action:    Prevailed by voice vote.

MOTION:    PLACE SB 121 ON CONSENT CALENDAR

Moved by:    Ewing
Second by:    Kirkeby
Action:    Prevailed by voice vote.

        SJR 2: Proposing and submitting to the electors at the next general election an amendment to Article XI, sections 13 and 14 and Article XXIII, section 1 of the Constitution of the State of South Dakota, relating to the vote required to increase taxes.

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Presented by:    Senator Corey Brown
Proponents:    Shawn Lyons, SD Retailers Association
        Tim Dougherty, Licensed Beverage Dealers of SD
        Nancee Johnson, SD Beer Distributors Association

MOTION:    AMEND SJR 2

j2fa

    On page 1, line 7, of the printed resolution, after "XI" delete ", sections 13 and 14 and Article XXIII, section 1".

    On page 2, delete lines 15 to 24, inclusive, and insert:

"    Section 4. That Article XI of the Constitution of the State of South Dakota, be amended by adding a NEW SECTION to read as follows:

    § 16. Amendments to this Constitution that have the effect of increasing the rate of taxation by the state, or that have the effect of imposing any new tax, or that have the effect of extending the imposition of a tax beyond the defined period of time for which it was imposed, or that further amend this section of the Constitution, may be proposed by initiative or by a majority vote of all members of each house of the Legislature. An amendment proposed by initiative shall require a petition signed by qualified voters equal in number to at least ten percent of the total votes cast for Governor in the last gubernatorial election. The petition containing the text of the proposed amendment and the names and addresses of its sponsors shall be filed at least one year before the next general election at which the proposed amendment is submitted to the voters. A proposed amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment.

    Any amendment to this Constitution that has the effect of increasing the rate of taxation by the state, or that has the effect of imposing any new tax, or that has the effect of extending the imposition of a tax beyond the defined period of time for which it was imposed, or that further amends this section of the Constitution, is deemed to be approved by the people only by consent of a two-thirds vote of the people.".

    On page 3, delete lines 1 to 5, inclusive.

Moved by:    Monroe
Second by:    Omdahl
Action:    Prevailed by voice vote.

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MOTION:    DO PASS SJR 2 AS AMENDED

Moved by:    Otten (Ernie)
Second by:    Monroe
Action:    Prevailed by roll call vote. (6-1-0-0)

Voting Yes:    Ewing, Kirkeby, Omdahl, Otten (Ernie), Monroe, Maher

Voting No:    Welke

MOTION:    AMEND TITLE OF SJR 2

j2fta

    On page 1 of the printed resolution, delete line 2, and insert "amendments to Article XI of the".

Moved by:    Kirkeby
Second by:    Otten (Ernie)
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Welke
Second by:    Ewing
Action:    Prevailed by voice vote.

Lois Henry

Committee Secretary

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