92nd Legislative Session _ 2017

Committee: House Committee on Appropriations
Tuesday, February 21, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Ahlers
E    Carson
P    Howard
P    Karr
P    Peterson (Sue)
P    Lake
P    Bartels
P    Hunhoff, Vice-Chair
P    Anderson, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Anderson.

    HB 1172: revise certain provisions to maintain funding for the building South Dakota fund.

Presented by:    Representative Hawley (Handouts: No. 1, No. 2, No. 3)
Proponents:    Representative Kettwig (Handouts: No. 4)
        Julie Johnson, Aberdeen Development Corporation
        Senator Sutton
Opponents:    Liza Clark, Commissioner of the Bureau of Finance & Management
Others:    Mark Lauseng, Housing Development Authority

MOTION:    AMEND HB 1172

1172ca

    On page 2, after line 5 of the printed bill, insert:

"    Section 2. That § 1-16G-48 be amended to read:


    1-16G-48. The commissioner of the Bureau of Finance and Management shall authorize and disburse money from the building South Dakota fund for the following purposes:

            (1)    Twenty-five percent of the fund shall be transferred to the local infrastructure improvement grant fund created in § 1-16G-50;

            (2)    Fifteen Five percent of the fund shall be transferred to the economic development partnership fund created in § 1-16G-51;

            (3)    Thirty percent of the fund shall be transferred to the workforce education fund created in § 13-13-88;

            (4)    Twenty-five Thirty-five percent of the fund shall be transferred to the South Dakota housing opportunity fund created in § 11-13-2. Disbursement of funds to the South Dakota Housing Development Authority shall be made after South Dakota housing opportunity funds have been obligated by the oversight commission created pursuant to § 11-13-8; and

            (5)    Five percent of the fund shall be transferred to the revolving economic development and initiative fund created in § 1-16G-3 for the purpose of making grants to projects that have a total project cost of less than twenty million dollars.

     The commissioner of the Bureau of Finance and Management, at the request of the commissioner of the Governor's Office of Economic Development and the approval of the special committee created in § 4-8A-2 or the Senate and House standing committees on appropriations meeting in joint session, shall transfer building South Dakota fund money among the local infrastructure improvement grant fund, the economic development partnership fund, and the revolving economic development and initiative fund, provided the money is unobligated at the time of the request and subsequent transfer. ".


Moved by:    Ahlers
Action:    Died for lack of a second.

MOTION:    DEFER HB 1172 TO THE 41ST LEGISLATIVE DAY

Moved by:    Hunhoff
Second by:    Howard
Action:    Prevailed by roll call vote. (7-1-1-0)

Voting Yes:    Howard, Karr, Peterson (Sue), Lake, Bartels, Hunhoff, Anderson
Voting No:    Ahlers

Excused:    Carson

    HB 1173: revise the distribution of funds from the building South Dakota fund.

Presented by:    Representative Hawley
Proponents:    Mark Lauseng, Housing Development Authority
        Julie Johnson, Aberdeen Development Corporation

MOTION:    DO PASS HB 1173

Moved by:    Ahlers
Second by:    Hunhoff
Action:    Prevailed by roll call vote. (7-0-2-0)

Voting Yes:    Ahlers, Howard, Karr, Peterson (Sue), Bartels, Hunhoff, Anderson

Excused:    Carson, Lake

    HB 1199: repeal the lottery and certain gambling in South Dakota.

Presented by:    Representative Haugaard (Handouts: No. 5)
Proponents:    Nancy Loken, Canton, Self
Opponents:    Norm Lingle, SD Lottery (Handouts: No. 6)
        Bill VanCamp, South Dakota Retailers Association
        Wade Pogany, Associated School Boards of South Dakota
        Matt Krogman, SD Licensed Beverage Dealers and Gaming Association
        Robert Riter, Music and Vending Association of South Dakota

MOTION:    TO TABLE HB 1199

Moved by:    Anderson
Second by:    Bartels
Action:    Prevailed by roll call vote. (5-3-1-0)

Voting Yes:    Karr, Lake, Bartels, Hunhoff, Anderson

Voting No:    Ahlers, Howard, Peterson (Sue)

Excused:    Carson

    HB 1176: revise the distribution of certain taxes collected by the Department of Revenue.

MOTION:    REMOVE HB 1176 FROM THE TABLE

Moved by:    Karr
Second by:    Ahlers
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Ahlers, Howard, Karr, Peterson (Sue), Lake, Bartels, Hunhoff, Anderson

Excused:    Carson

MOTION:    AMEND HB 1176

1176ab

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 35-5-22 be amended to read:

    35-5-22. Twenty-five Twelve and one-half percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the municipalities. Each municipality's share of the fund shall be determined by the ratio of the population of each municipality to the total population of all the municipalities sharing in the receipts. The Department of Revenue shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the finance officer of each municipality its share of the fund. The amount received by each municipality shall be deposited in the municipality's general fund.

    Section 2. That § 35-5-22.2 be amended to read:

    35-5-22.2. Twenty-five Twelve and one-half percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the counties. Twenty-five percent of such alcoholic beverage fund so distributed to counties shall be divided equally by all counties. The remaining seventy-five percent shall be allocated to counties by the ratio of the population of each county to the total population of all the counties sharing in the receipts. The Department of Revenue shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the county auditor of each county its share of the fund. The amount received by each county shall be deposited in the county's general fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public defenders, and court-appointed attorneys.

    Section 3. That § 32-5-9.3 be amended to read:


    32-5-9.3. In addition to the license fee in § 32-5-9.1, there shall be assessed on each snowmobile registered a three four percent excise tax on the purchase price less trade difference. The fee and tax shall be collected pursuant to § 32-20A-15. Failure to pay the full amount of tax due is a Class 2 misdemeanor.

    Section 4. That § 32-3A-50 be amended to read:

    32-3A-50. In addition to all other fees, a person shall pay an excise tax at the rate of three four percent on the purchase price of any large boat, purchased or acquired for use on the waters of this state and required to be registered under the laws of this state. This tax shall be in lieu of any tax levied by chapters 10-45 and 10-46 on the sales of such large boats. Failure to pay the full amount of excise tax is a Class 1 misdemeanor.

    Section 5. There is hereby appropriated one dollar ($1) or so much thereof as may be necessary, from the state general fund to the special revenue fund for purposes of the redistribution calculation of the taxes collected in chapter 35.

    Section 6. That this Act be effective until June 30, 2018.".



Moved by:    Karr
Second by:    Ahlers
Action:    Prevailed by roll call vote. (6-1-2-0)

Voting Yes:    Ahlers, Karr, Peterson (Sue), Lake, Bartels, Hunhoff

Voting No:    Howard

Excused:    Carson, Anderson

MOTION:    AMEND TITLE OF HB 1176

1176atb

    On page 1, line 2, of the printed bill, after "Revenue" insert "and to increase certain excise taxes and to make an appropriation thereof.".


Moved by:    Ahlers
Second by:    Bartels
Action:    Prevailed by voice vote.
MOTION:    REFER HB 1176 TO JOINT COMMITTEE ON APPROPRIATIONS AS AMENDED

Moved by:    Peterson (Sue)
Second by:    Ahlers
Action:    Prevailed by roll call vote. (7-0-2-0)

Voting Yes:    Ahlers, Howard, Karr, Peterson (Sue), Lake, Bartels, Hunhoff

Excused:    Carson, Anderson

        THE CHAIR DEFERRED HB 1186

        THE CHAIR DEFERRED HB 1188

        THE CHAIR DEFERRED SB 128

        THE CHAIR DEFERRED HB 1210

MOTION:    ADJOURN

Moved by:    Karr
Second by:    Bartels
Action:    Prevailed by voice vote.

Mary Turner

____________________________

Committee Secretary
David L. Anderson, Chair

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