90th Legislative Session _ 2015

Committee: 1 A 03/12/2015 12:00:00 PM
Thursday, March 12, 2015

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Haggar (Don)
P    Feickert
P    Westra, Chair
P    Cammack
P    Buhl O'Donnell
P    Vehle, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Mike Vehle, Chair at 12:00 p.m. .

    SB 1: revise certain taxes and fees to fund improvements to public roads and bridges in South Dakota and to increase the maximum speed limit on interstate highways.

MOTION:    AMEND SB 1

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    On page 10, of the House engrossed bill, delete lines 9 to 13, inclusive, and insert: "bridge reserve fund." Any increased tax levy imposed pursuant to this section is exempt from the provisions of chapter 10-13, if the county establishes the amount of revenue payable from taxes on real property pursuant to section 21 of this Act. However, each year thereafter, the county may increase the amount of revenue payable from property taxes by applying the growth and the index factor pursuant to the provisions of § 10-13-35.".

    On page 10, between lines 13 and 14, insert:

"    Section 21. The governing body of the county may, by resolution, impose the increased tax levy provided in § 10-12-13 with an affirmative two-thirds vote of the governing body on or before July

fifteenth. The action of the governing body to authorize an increased tax levy shall be published within ten days of the action and shall be published at least twice in each legal newspaper designated by the county. The action to authorize an increased tax levy is subject to the referendum process in accordance with chapter 7-18A.".


    On page 10, line 17, delete "22" and insert "23".


Moved by:    Vehle
Second by:    Cammack
Action:    Prevailed by roll call vote. (4-2-0-0)

Voting Yes:    Haggar (Don), Westra, Cammack, Vehle

Voting No:    Feickert, Buhl O'Donnell

Darin Bergquist, Secretary, Department of Transportation, responded to questions.

MOTION:    AMEND SB 1

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    On page 5, of the House engrossed bill, line 8, delete "thirty-six" and insert "thirty-eight".

    On page 5, line 9, delete "seventy-two" and insert "seventy-one".

    On page 5, line 10, delete "one hundred eight" and insert "one hundred four".

    On page 5, line 11, delete "one hundred forty-four" and insert "one hundred thirty-seven".

    On page 5, line 16, delete "one hundred twenty" and insert "one hundred fifteen".

    On page 5, line 18, delete "twelve" and insert "eleven".

    On page 6, line 7, delete "one hundred eight" and insert "one hundred four".

    On page 6, line 8, delete "one hundred forty-four" and insert "one hundred thirty-seven".

    On page 6, line 10, delete "one hundred eighty" and insert "one hundred seventy".

    On page 6, line 13, delete "thirty-six" and insert "thirty-three".

    On page 6, line 23, delete "eighteen" and insert "twenty-two".

    On page 6, line 24, delete "thirty-six" and insert "thirty-eight".

    On page 7, line 1, delete "fifty-four" and insert "fifty-five".

    On page 7, line 2, delete "seventy-two" and insert "seventy-one".

    On page 7, line 3, delete "ninety" and insert "eighty-eight".

    On page 7, line 4, delete "one hundred eight" and insert "one hundred four".

    On page 7, line 5, delete "one hundred twenty-six" and insert "one hundred twenty-one".

    On page 7, line 7, delete "one hundred forty-four" and insert "one hundred thirty-seven".

    On page 7, line 9, delete "one hundred sixty-" and insert "one hundred fifty-four".

    On page 7, line 10, delete "two".

    On page 7, line 11, delete "one hundred eighty" and insert "one hundred seventy".

    On page 7, line 14, delete "eighteen" and insert "seventeen".

    On page 8, line 1, delete "eighteen" and insert "twenty-one".

    On page 8, line 2, delete "twenty-one" and insert "twenty-four".

    On page 8, line 4, delete "twenty-four" and insert "twenty-seven".

    On page 8, line 7, delete "one hundred one" and insert "ninety-seven".

    On page 8, line 20, delete "twenty-four" and insert "twenty-seven".

    On page 9, line 5, delete "one hundred one" and insert "ninety-seven".


Moved by:    Vehle
Second by:    Cammack
Action:    Failed by roll call vote. (3-3-0-0)

Voting Yes:    Cammack, Buhl O'Donnell, Vehle

Voting No:    Haggar (Don), Feickert, Westra

Recessed at 1:00 p.m. and reconvened at 5:20 p.m.

MOTION:    AMEND SB 1

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    On page 4, of the House engrossed bill, delete lines 5 to 7, inclusive, and insert:
"
            (1)    $.25 per gallon on July 1, 2015, to June 30, 2016, inclusive;

            (2)    $.28 per gallon on July 1, 2016, to June 30, 2017, inclusive; and
    
            (3)    $.31 per gallon on and after July 1, 2017.".

    On page 4, delete lines 11 to 13, inclusive, and insert:
"
            (1)    $.11 per gallon on July 1, 2015, to June 30, 2016, inclusive;

            (2)    $.14 per gallon on July 1, 2016, to June 30, 2017, inclusive; and
    
            (3)    $.17 per gallon on and after July 1, 2017.".


Moved by:    Vehle
Second by:    Buhl O'Donnell
Action:    Failed by roll call vote. (3-3-0-0)

Voting Yes:    Cammack, Buhl O'Donnell, Vehle

Voting No:    Haggar (Don), Feickert, Westra

Senator Vehle recessed the committee at 5:30 p.m. and reconvened it the following day, Friday, 3/12/15 at 9:30 a.m.

MOTION:    AMEND SB 1

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    On page 4, line 4, of the House engrossed bill, delete ":" and insert "$.28 per gallon.".

    On page 4, delete lines 5 to 7, inclusive.

    On page 4, line 10, delete ":" and insert "$.14 per gallon.".

    On page 4, delete lines 11 to 13, inclusive.

    On page 12, after line 20, insert:

"    Section 30. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect on and after April 1, 2015.".



Moved by:    Haggar (Don)
Second by:    Westra
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Haggar (Don), Feickert, Westra, Cammack, Buhl O'Donnell, Vehle

MOTION:    AMEND SB 1

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    On page 12, after line 20 of the House engrossed bill, insert:

"    Section 30. That § 32-5B-17 be amended to read as follows:

    32-5B-17. All revenues received pursuant to §§ 32-5B-1, 32-5B-1.4, and 32-5B-20 shall be credited to the state highway fund. However, ten percent of the revenue received pursuant to §§ 32-5B-1 and 32-5B-1.4 shall be credited to the local government highway and bridge fund. ".



Moved by:    Buhl O'Donnell
Second by:    Feickert
Action:    Failed by roll call vote. (2-4-0-0)

Voting Yes:    Feickert, Buhl O'Donnell

Voting No:    Haggar (Don), Westra, Cammack, Vehle

MOTION:    AMEND TITLE OF SB 1

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    On page 1, line 2, of the House engrossed bill, after "Dakota" delete "and" and insert ",".

    On page 1, line 3, after "highways" insert ", and to declare an emergency".


Moved by:    Haggar (Don)
Second by:    Westra
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Haggar (Don), Feickert, Westra, Cammack, Buhl O'Donnell, Vehle

MOTION:    ADJOURN

Moved by:    Westra
Second by:    Cammack
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Steve Westra, Chair


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