88
th Legislative Session _ 2013
Committee: House State Affairs
Wednesday, February 13, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Conzet
P Gibson
P Gosch
P Hansen
P Hunhoff (Bernie)
P Killer
P Munsterman
P Novstrup (David)
P Parsley
P Verchio
P Wink
P Cronin, Vice-Chair
P Lust, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Lust.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 6, 2013. 3:00 PM
Moved by: Wink
Second by: Munsterman
Action: Prevailed by voice vote.
HB 1215: limit the authority of delegates to a limited constitutional convention to vote
for unauthorized amendments contrary to legislative instructions and to provide a
penalty for the violation thereof.
Presented by: Representative Manny Steele
Proponents: Roman Buhler, Self, Meehan VA
David Biddulph, Self, New Smyrna Beach, FL
Opponents: Rita Houglum, SD Eagle Forum
Eldon Stahl, Self, Mitchell, SD
Gary Velder, Self, Newell
Linda Schauer, Concerned Women For America
MOTION: DO PASS HB 1215
Moved by: Gibson
Second by: Gosch
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Gibson, Gosch, Hansen, Hunhoff (Bernie), Killer, Novstrup (David), Parsley, Lust
Voting No: Conzet, Munsterman, Verchio, Wink, Cronin
HB 1217: revise and expand certain provisions related to organ and tissue donation.
Presented by: Deb Bowman, Office of the Governor
Proponents: Susan Mau Larson, Lfe Source, St Paul, MN
Denny Kaemingk, Self, Mitchell
Jeff Cleveland, Self, Corsica
Marlene Cleveland, Self, Corsica
Tim Bjork, Self, Pierre, SD
Scott Zieske, Regional Health
Deb Fischer Clemens, Avera Health
Dean Krogman, SD State Medical Association
Jens Saakvitne, SD Lions Eye & Tissue Bank
Sandy Meier, Self, Pierre
Dave Hewett, SD Association of Healthcare Organizations
Bob Miller, Funeral Directors' Association
Lorin Pankratz, Sanford Health
Trevor Jones, Department of Public Safety
MOTION: AMEND HB 1217
1217ja
On page 3, line 10, of the printed bill, delete everything after "shall" and insert "give written
notice to the holder of the driver license or identification card that the donor designation has been
removed from all department computer records.".
On page 3, delete line 11.
On page 3, line 19, after "organization" insert "and any nonprofit tissue or eye donation agency
which holds agreements with hospitals in South Dakota".
On page 4, line 8, delete "organ, tissue, and eye" and insert "the federally designated organ
procurement organization and any nonprofit tissue or eye donation agency which holds agreements
with hospitals in South Dakota".
On page 4, line 9, delete everything before "to" .
On page 4, line 24, after "organization" insert "and any nonprofit tissue or eye donation agency
which holds agreements with hospitals in South Dakota".
Moved by: Gosch
Second by: Gibson
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1217 AS AMENDED
Moved by: Gosch
Second by: Hansen
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Conzet, Gibson, Gosch, Hansen, Hunhoff (Bernie), Killer, Munsterman, Novstrup
(David), Parsley, Verchio, Wink, Cronin, Lust
HB 1045: repeal the lower rate of tax imposed on income over four hundred million
dollars for the bank franchise tax.
Presented by: Andy Gerlach, Department of Revenue
Opponents: Curt Everson, SD Bankers Association
Dean Krogman, Independent Community Bankers of SD
Doug Hajek, Self, Sioux Falls
MOTION: AMEND HB 1045
1045oa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 10-43-29.1 be amended to read as follows:
10-43-29.1. If the apportionment methods included in §§ 10-43-22.1 to 10-43-25.7, inclusive, do
not fairly represent the financial institution's net income in this state, the financial institution may
petition for, or the secretary may require, pursuant to criteria established by rule promulgated pursuant
to chapter 1-26, with respect to all or any part of the taxpayer's business activity:
(1) Separate accounting;
(2) The exclusion of any one or more of the factors;
(3) The inclusion of one or more additional factors which will fairly represent the taxpayer's
business activity in this state; or
(4) The employment of any other method to effectuate an equitable allocation and
apportionment of the taxpayer's taxable income.
The secretary may promulgate rules, pursuant to chapter 1-26, to implement the provisions of this
section. "
Moved by: Wink
Second by: Gibson
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1045 AS AMENDED
Moved by: Gosch
Second by: Hunhoff (Bernie)
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Gibson, Gosch, Hunhoff (Bernie), Parsley, Verchio, Wink, Cronin, Lust
Voting No: Conzet, Hansen, Killer, Munsterman, Novstrup (David)
MOTION: AMEND TITLE OF HB 1045
1045ota
On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise certain
provisions regarding alternative apportionment methods available for determination of the bank
franchise tax.".
On page 1, delete line 2.
Moved by: Gosch
Second by: Gibson
Action: Prevailed by voice vote.
HB 1046: increase the penalties for the failure to timely and accurately pay the bank
franchise tax.
Presented by: Andy Gerlach, Department of Revenue
MOTION: TO TABLE HB 1046
Moved by: Cronin
Second by: Gosch
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Conzet, Gibson, Gosch, Hansen, Hunhoff (Bernie), Killer, Munsterman, Novstrup
(David), Parsley, Verchio, Wink, Cronin, Lust
HB 1161: establish and provide certain incentives for projects that create new jobs or
promote economic activity.
Proponents: Dwaine Chapel, Self, Brookings
THE CHAIR DEFERRED HB 1161 UNTIL WEDNESDAY, FEBRUARY 13, 2013
3:00 PM
HB 1196: establish the rural economic development partnership program and to make
an appropriation therefor.
Proponents: Mark Hollenbeck, Self, Edgemont
Dwaine Chapel, Self, Brookings
THE CHAIR DEFERRED HB 1196 UNTIL WEDNESDAY, FEBRUARY 13, 2013
3:00 PM
THE CHAIR DEFERRED HB 1250 UNTIL WEDNESDAY, FEBRUARY 13, 2013
3:00 PM
MOTION: ADJOURN
Moved by: Gibson
Second by: Munsterman
Action: Prevailed by voice vote.
Joshua Klumb
____________________________
Committee Secretary
David Lust, Chair
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