88
th Legislative Session _ 2013
Committee: Senate State Affairs
Monday, March 04, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Rhoden, Chair
P Olson (Russell), Vice-Chair
P Johnston
P Tieszen
P Lederman
P Rave
E Brown
P Lucas
P Frerichs
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Larry Rhoden, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 27, 2013
Moved by: Rave
Second by: Johnston
Action: Prevailed by voice vote.
HB 1137: impact education in South Dakota.
Presented by: Senator Timothy Rave
MOTION: DO PASS HB 1137
Moved by: Rave
Second by: Johnston
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Lucas, Frerichs
Excused: Brown
HB 1161: establish and provide certain incentives for projects that create new jobs
or promote economic activity and to establish the rural economic development
partnership program.
Presented by: Representative Scott Munsterman
MOTION: DO PASS HB 1161
Moved by: Olson (Russell)
Second by: Frerichs
Action: Prevailed by roll call vote. (7-0-2-0)
Voting Yes: Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Lucas, Frerichs
Excused: Rave, Brown
HB 1165: revise certain property tax levies for the general fund of school districts.
Introductory comments were made by Senator Russell Olson.
Proponents: Senator Larry Rhoden
MOTION: AMEND HB 1165
1165fb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 10-6-33.35 be amended to read as follows:
10-6-33.35. There is hereby established the Agricultural Land Assessment Implementation and
Oversight Advisory Task Force. The task force shall consist of the following fourteen members:
(1) The speaker of the House of Representatives shall appoint four members of the House of
Representatives, no more than two of whom may be from one political party;
(2) The speaker of the House of Representatives shall appoint three members of the general
public, at least one of the members shall have an agricultural background and at least one
of the members shall have a business background;
(3) The president pro tempore of the Senate shall appoint four members of the Senate, no
more than two of whom may be from one political party; and
(4) The president pro tempore of the Senate shall appoint three members of the general
public, at least one of the members shall have an agricultural background and at least one
of the members shall have a business background.
The initial appointments shall be made no later than July 1, 2008, and shall serve until January
12, 2009. The speaker of the House of Representatives and president pro tempore of the Senate
before the close of each regular session of the Legislature held in odd-numbered years shall appoint
members to the task force for a term of two years. If there is a vacancy on the task force, the vacancy
shall be filled in the same manner as the original appointment.
The task force shall advise the department regarding the rules promulgated by the department
to administer the provisions concerning the assessment and taxation of agricultural lands and shall
review the implementation of the provisions of law concerning the assessment and taxation of
agricultural land. The task force shall report to the Senate and House of Representatives and may
submit a copy of its report to the Governor. The task force may present draft legislation and policy
recommendations to the Legislative Research Council Executive Board.
The task force shall make recommendations in the following areas:
(1) The proper percentage of annual earning capacity to be used to determine the agricultural
income value pursuant to § 10-6-33.28;
(2) The proper capitalization rate in order to have total taxable valuation for the taxes payable
in 2011 from agricultural property be not more than total taxable valuation for the taxes
payable in 2010 from agricultural property plus the estimated growth in agricultural
property value in 2010;
(3) The changes, if any, that must be made to §§ 13-10-6, 13-16-7, 13-37-16, and 13-37-35.1
to ensure that the total amount of additional taxes that may be generated on agricultural
land by a school district pursuant to the provisions of §§ 13-10-6, 13-16-7, 13-37-16, and
13-37-35.1 will not provide a substantial property tax revenue increase for the school
district pursuant to the implementation of the productivity system pursuant to §§ 10-6-33.28 to 10-6-33.33, inclusive; and
(4) The changes, if any, that must be made to §§ 13-10-6, 13-16-7, 13-37-16, and 13-37-35.1
to ensure that the total amount of property taxes that may be lost on agricultural land by
a school district pursuant to the provisions of §§ 13-10-6, 13-16-7, 13-37-16, and 13-37-35.1 will not provide a substantial property tax revenue decrease for the school district
pursuant to the implementation of the productivity system pursuant to §§ 10-6-33.28 to
10-6-33.33, inclusive; and
(5) The distribution of the local effort for the general fund of school districts between the
classifications of real property as provided by § 13-13-72.1 which establishes the real
property tax contribution from agricultural property for the general fund of school districts
as a fixed ratio of the total local effort for such levies. The task force shall also consider
the other taxes paid by agricultural property, the relationship of the total assessed value
of agricultural property to the total assessed value of all real property, and other factors
the task force deems appropriate. "
Moved by: Olson (Russell)
Second by: Tieszen
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1165 AS AMENDED
Moved by: Frerichs
Second by: Johnston
Action: Prevailed by roll call vote. (7-0-2-0)
Voting Yes: Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Lucas, Frerichs
Excused: Rave, Brown
MOTION: AMEND TITLE OF HB 1165
1165ftb
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain
provisions concerning the agricultural land task force.".
On page 1, delete line 2.
Moved by: Lucas
Second by: Johnston
Action: Prevailed by voice vote.
HB 1212: increase the expense allowances of legislators.
Presented by: Representative David Novstrup (Handouts: Doc #1)
MOTION: AMEND HB 1212
1212ya
On page 1, line 10, of the House State Affairs Committee engrossed bill, delete "of one hundred
ten dollars per day" and insert "of one hundred ten twenty-three dollars per day".
On page 1, line 14, delete "an" and insert "or at the".
On page 2, line 2, after "year" insert ", whichever of the two is greater".
Moved by: Tieszen
Second by: Frerichs
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1212 AS AMENDED
Moved by: Tieszen
Second by: Frerichs
Action: Prevailed by roll call vote. (5-2-2-0)
Voting Yes: Rhoden, Olson (Russell), Tieszen, Lederman, Frerichs
Voting No: Johnston, Lucas
Excused: Rave, Brown
HB 1220: permit the use of golf carts under certain circumstances within state parks
or recreation areas.
Presented by: Representative Tim Rounds
Proponents: Bob Schneider, Ass't Dir., Parks & Rec.
Rob Skjonsberg, self
Dana Svendsen, Department of Public Safety
MOTION: AMEND HB 1220
1220fa
On page 1, line 10, of the House Local Government Committee engrossed bill, after
"headlights," insert "and".
On page 1, line 10, after "lights" delete ", and horn".
Moved by: Lucas
Second by: Lederman
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1220 AS AMENDED
Moved by: Johnston
Second by: Lederman
Action: Prevailed by roll call vote. (7-0-2-0)
Voting Yes: Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Lucas, Frerichs
Excused: Rave, Brown
MOTION: PLACE HB 1220 ON CONSENT CALENDAR
Moved by: Johnston
Second by: Olson (Russell)
Action: Prevailed by voice vote.
HB 1235: continue the Regional Watershed Advisory Task Force under the
supervision of the Executive Board of the Legislative Research Council in a manner
to save public financial resources.
Presented by: Senator Jason Frerichs
MOTION: DEFER HB 1235 TO THE 41
ST LEGISLATIVE DAY
Moved by: Frerichs
Second by: Olson (Russell)
Action: Prevailed by roll call vote. (7-0-2-0)
Voting Yes: Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Lucas, Frerichs
Excused: Rave, Brown
MOTION: ADJOURN
Moved by: Lucas
Second by: Lederman
Action: Prevailed by voice vote.
Jill Wellhouse
_______________________________
Committee Secretary
Larry Rhoden, Chair
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