91
st Legislative Session _ 2016
Committee: Senate State Affairs
Monday, February 22, 2016
P - Present
E - Excused
A - Absent
Roll Call
P Hunhoff (Bernie)
P Sutton
P Brown
P Holien
P Otten (Ernie)
P Soholt
P Tieszen
P Solano, Vice-Chair
P Cammack, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Gary Cammack, Chair.
MOTION: TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 19, 2016
Moved by: Brown
Second by: Holien
Action: Prevailed by voice vote.
SB 162: create the State Board of Internal Control and to declare an emergency.
Presented by: Matt Michels, Lieutenant Governor
Others: Grace Kessler, Governor's Office
MOTION: AMEND SB 162
162fb
On page 3, line 2, of the printed bill, after "agencies" insert "excluding the Unified Judicial
System".
On page 3, line 3, after "agencies" insert "excluding the Unified Judicial System".
On page 3, between lines 3 and 4, insert:
"The Unified Judicial System may implement the code of conduct and conflict of interest policy in
accordance with the code of judicial conduct and employee policies utilized within the Unified
Judicial System".
On page 3, line 18, after "agency" insert "to a nonstate agency".
Moved by: Brown
Second by: Holien
Action: Prevailed by voice vote.
MOTION: DO PASS SB 162 AS AMENDED
Moved by: Sutton
Second by: Brown
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
SB 100: enhance South Dakota.
Presented by: Senator Brown
Proponents: Jeff Carmon, Centurylink (Handout: #1)
Greg Dean, South Dakota Telecommunications Association
Bill Van Camp, AT&T
Drew Duncan, Verizon Wireless
Chris Nelson, Public Utilities Commission
Julie Johnson, Aberdeen, self
David Owen, SD Chamber of Commerce & Industry
MOTION: AMEND SB 100
100ja
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 1-16G-56 be amended to read:
1-16G-56. Terms used in §§ 1-16G-56 to 1-16G-68, inclusive, mean:
(1) "Board," the Board of Economic Development;
(2) "Broadband telecommunications network facilities," the electronics, equipment,
transmission facilities, fiber optic and copper cables and any other property capable of
transmission speeds ten megabits per second of download speed and one megabit per
second of upload speed;
(3) "Commissioner," the commissioner of the Governor's Office of Economic Development;
(3)(4) "Completed the project" or "completion of the project," the first date when the project is
operational;
(4)(5) "Construction date," the first date earth is excavated or a contractor has initiated work for
the purpose of constructing a new or expanded facility or the first date new equipment is
located on the project site or existing equipment is removed from the project site for the
purpose of equipment upgrades, whichever occurs first;
(5)(6) "Data center," any facility established for the purpose of processing, storage, retrieval, or
communication of data;
(6)(7) "Department," the Department of Revenue;
(7)(8) "Equipment upgrades," the installation of new equipment or the replacement or
improvement of existing equipment, which is subject to the sales or use tax imposed by
chapters 10-45 or 10-46 or contractor's excise tax imposed by chapters 10-46A or 10-46B;
(8)(9) "GOED," the Governor's Office of Economic Development;
(9)(10) "New or expanded facility," a new building or structure, or the expansion,
renovation, or retrofitting of an existing building or structure, which is subject to
the contractor's excise tax imposed by chapters 10-46A or 10-46B;
(10)(11) "Person," any individual, firm, copartnership, joint venture, association,
cooperative, nonprofit development corporation, limited liability company, limited
liability partnership, corporation, estate, trust, business trust, receiver, or any group
or combination acting as a unit;
(11)(12) "Project," a new or expanded facility with a project cost which exceed twenty
million dollars, or equipment upgrades with a project cost which exceed two
million dollars. A project includes laboratory and testing facilities, manufacturing
facilities, data centers, power generation facilities, power transmission facilities,
broadband telecommunication network facilities, agricultural processing facilities,
wind energy facilities, and facilities defined by GOED as targeted industries. A
project does not include any building or structure:
(a) Used predominantly for the sale of products at retail, other than the sale of
electricity at retail, to individual consumers or other than to provide
telecommunication service as defined in § 10-45-1.17;
(b) Used predominantly for residential housing or transient lodging;
(c) Used predominantly to provide health care services;
(d) Used predominantly for the transportation or transmission of natural gas, oil, or
crude oil by means of a pipeline; or
(e) That is not subject to ad valorem real property taxation or equivalent taxes
measured by gross receipts;
(12)(13) "Project cost," the amount paid by the project owner in money, credits, property,
or other consideration associated with a project including, without limitation, land,
labor, materials, furniture, equipment, fees, or fixtures;
(13)(14) "Wind energy facility," any new facility or facility expansion that:
(a) Consists of a commonly managed integrated system of towers, wind turbine
generators with blades, power collection systems, and electric interconnection
systems, that convert wind movement into electricity, and is subject to the tax
imposed by §§ 10-35-18 and 10-35-19; and
(b) The construction of which is subject to contractors' excise tax pursuant to chapter
10-46A or 10-46B.
Section 2. That § 1-16G-61 be amended to read:
1-16G-61. Any person that has timely filed the application and is holding a permit issued by
GOED, and has completed the project, shall file an affidavit for reinvestment payment with GOED.
The affidavit for reinvestment payment shall contain the following information:
(1) The project owner's name and contact information;
(2) The general description of the project;
(3) The date of completion of the project;
(4) The final project costs;
(5) The amount of South Dakota sales tax, use tax, and contractors excise tax paid for the
construction of the project;
(6) The location of the project;
(7) The legal description of the project location;
(8) A list of the contractors and subcontractors that performed work on the project;
(9) If the reinvestment payment was assigned or transferred, the name and address of the
person to whom the reinvestment payment has been assigned or transferred; and
(10) Any other information that GOED may require.
The affidavit for reinvestment payment shall be on a form prescribed by the commissioner. The
affidavit for reinvestment payment shall be signed by the project owner and signed under oath before
a notary public. No affidavit for reinvestment payment may include more than one project.
In addition, a project for broadband telecommunication network facilities broadband
infrastructure funded in part using federal funds, shall attest to the satisfaction of the conditions of
such grant. The attestation shall satisfy any requirement by GOED that the project would not have
been undertaken but for the reinvestment payment. "
Moved by: Solano
Second by: Otten (Ernie)
Action: Prevailed by voice vote.
MOTION: DO PASS SB 100 AS AMENDED
Moved by: Solano
Second by: Otten (Ernie)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
MOTION: AMEND TITLE OF SB 100
100jta
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "enhance South
Dakota economic development through broadband infrastructure improvements.".
Moved by: Solano
Second by: Otten (Ernie)
Action: Prevailed by voice vote.
SB 151: lower the state sales and use tax on most food items, to increase the rate of taxation
for the sales and use tax on certain goods and services, to increase the amusement device tax,
and to increase the per student allocation in the state aid formula.
Presented by: Senator Sutton (Handout: #2)
Proponents: Mitch Richter, South Dakota United School Association
Robert Monson, School Administrators of South Dakota
Opponents: Jim Terwilliger, Bureau of Finance & Management
David Owen, SD Chamber of Commerce & Industry
Shawn Lyons, South Dakota Retailers Association
MOTION: AMEND SB 151
151ca
On page 15, after line 18 of the printed bill, insert:
" Section 22. It is the intent of the Legislature that from the proceeds of this Act, forty million
dollars shall be dedicated to reducing the property tax levies for general education for all classes of
property.".
Moved by: Hunhoff (Bernie)
Second by: Sutton
Action: Prevailed by voice vote.
MOTION: DO PASS SB 151 AS AMENDED
Moved by: Hunhoff (Bernie)
Second by: Sutton
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 151 TO THE 41
ST LEGISLATIVE DAY
Moved by: Brown
Second by: Solano
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano, Cammack
Voting No: Hunhoff (Bernie), Sutton
SB 99: accommodate legislation on Medicaid and medical services.
Presented by: Senator Brown
MOTION: TO TABLE SB 99
Moved by: Solano
Second by: Otten (Ernie)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
SB 101: accommodate legislation relating to education in South Dakota.
Presented by: Senator Brown
MOTION: TO TABLE SB 101
Moved by: Solano
Second by: Otten (Ernie)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
SB 124: enhance South Dakota.
Presented by: Senator Brown
MOTION: DO PASS SB 124
Moved by: Sutton
Second by: Soholt
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
SB 125: accommodate legislation relating to education in South Dakota.
Presented by: Senator Brown
MOTION: DO PASS SB 125
Moved by: Solano
Second by: Soholt
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
SB 126: accommodate legislation on medical services.
Presented by: Senator Brown
MOTION: DO PASS SB 126
Moved by: Solano
Second by: Sutton
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Soholt, Tieszen, Solano, Cammack
Voting No: Otten (Ernie)
SB 128: guarantee consumer choice.
Presented by: Senator Brown
MOTION: TO TABLE SB 128
Moved by: Solano
Second by: Sutton
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
SB 155: improve public safety.
Presented by: Senator Heineman (Phyllis)
MOTION: TO TABLE SB 155
Moved by: Solano
Second by: Otten (Ernie)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Hunhoff (Bernie), Sutton, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Solano,
Cammack
MOTION: ADJOURN
Moved by: Brown
Second by: Otten (Ernie)
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Gary Cammack, Chair
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