94^th Legislative Session _ 2019

Committee: House State Affairs

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Anderson
P    Dennert
E    Diedrich
P    Goodwin
P    Gosch
P    Hansen
P    Haugaard
P    Jensen (Kevin)
P    McCleerey
E    Peterson (Kent)
P    Smith (Jamie)
P    Beal, Vice-Chair
P    Qualm, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Qualm.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 13, 2019

Moved by:    Gosch
Second by:    Jensen (Kevin)
Action:    Prevailed by voice vote.

MOTION:    AMEND HB 1084

1084wa

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

"    Section 1. That chapter 10-6 be amended by adding a NEW SECTION to read:

    Any new affordable housing structure is specifically classified for the purposes of taxation. For

purposes of this section a new affordable housing structure shall contain four or more units and the monthly rental rate of the units will be at or below the annually calculated rent for the state's sixty percent area median income being used by the South Dakota Housing Development Authority, for a minimum of fifteen years following the date of first occupancy.

    Section 2.That § 10-6-35.2 be amended to read:

    10-6-35.2. Any structure classified pursuant to § 10-6-35.1, 10-6-35.21, 10-6-35.22, 10-6-35.24, or 10-6-35.25, or section 1 of this Act, shall, following construction, be valued for taxation purposes in the usual manner. However, the board of county commissioners of the county where the structure is located, may adopt any formula for assessed value to be used for tax purposes. The formula may include for any or all of the five tax years following construction all, any portion or none of the assessed valuation for tax purposes. The board of county commissioners of the county where the structure is located may, if requested by the owner of the structure, not apply the discretionary formula and the full assessment shall be made without application of the formula. In waiving the formula for the structure of one owner, the board of county commissioners is not prohibited from applying the formula for subsequent new structures. The assessed valuation during any of the five years may not be less than the assessed valuation of the property in the year preceding the first year of the tax years following construction.

    Any structure that is partially constructed on the assessment date may be valued for tax purposes pursuant to this section and the valuation may not be less than the assessed valuation of the property in the year preceding the beginning of construction. During any period of time that the property is valued for tax purposes pursuant to under this section, the period of time may include the years when the property is partially constructed.

    Thereafter Following the five-year period under this section, the property shall be assessed at the same percentage as is all other property for tax purposes. "

Moved by:    McCleerey
Second by:    Goodwin
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1084 UNTIL FEBRUARY 22, 2019

    HB 1175: establish the Early Learning Advisory Council.

Presented by:    Representative Erin Healy (Handout(s): #1, 2, 3, 4)
Proponents:    Kathy N. Cruse, South Dakota Head Start Association
        Rob L. Monson, School Administrators of South Dakota
        Rhonda Cruse, self, Huron
        Senator Reynold Nesiba
        Kimberly Horn, self, Sioux Falls
        Sister Kathleen Bierne, Presentation Sisters of Aberdeen

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        Dianna Miller, Large School Group
        Mitch Richter, South Dakota Farmers Union
        Mitch Richter, United School Association of South Dakota
        Sandra Marie Waltman, South Dakota Education Association
        Debra Owen, Sioux Falls Area Chamber of Commerce
        Billy Mawhiney, self, Sioux Falls
Opponents:    Holly Farris, Department of Education
        Cindy Flakoll, Concerned Women for America Legislative Action Committee
        Ed Randazzo, Family Heritage Alliance Action
        Florence Thompson, self, Caputa, South Dakota
        Tonchi Weaver, South Dakota Citizens for Liberty
        Kathy Rice, self, Black Hawk

MOTION:    DO PASS HB 1175

Moved by:    Smith (Jamie)
Second by:    McCleerey
Action:    Failed by roll call vote. (2-9-2-0)

Voting Yes:    McCleerey, Smith (Jamie)

Voting No:    Anderson, Dennert, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin), Beal, Qualm

Excused:    Diedrich, Peterson (Kent)

MOTION:    DEFER HB 1175 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Gosch
Second by:    Hansen
Action:    Prevailed by roll call vote. (9-2-2-0)

Voting Yes:    Anderson, Dennert, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin), Beal, Qualm

Voting No:    McCleerey, Smith (Jamie)

Excused:    Diedrich, Peterson (Kent)

    HB 1133: repeal certain provisions regarding the Legislature.

Presented by:    Representative Steven Haugaard
Opponents:    Nathan Sanderson, South Dakota Retailers Association
        Will Mortenson, South Dakota Board of Technical Education
        Will Mortenson, South Dakota Municipal League
        David Owen, South Dakota Chamber of Commerce & Industry
        David Bordewyk, South Dakota Newspaper Association

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MOTION:    DO PASS HB 1133

Moved by:    Gosch
Second by:    Haugaard
Action:    Failed by roll call vote. (2-9-2-0)

Voting Yes:    Gosch, Haugaard

Voting No:    Anderson, Dennert, Goodwin, Hansen, Jensen (Kevin), McCleerey, Smith (Jamie), Beal, Qualm

Excused:    Diedrich, Peterson (Kent)

MOTION:    DEFER HB 1133 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Anderson
Second by:    Goodwin
Action:    Prevailed by roll call vote. (9-2-2-0)

Voting Yes:    Anderson, Dennert, Goodwin, Hansen, Jensen (Kevin), McCleerey, Smith (Jamie), Beal, Qualm

Voting No:    Gosch, Haugaard

Excused:    Diedrich, Peterson (Kent)

    HB 1135: provide for the use of certain confidential information by the director of the Legislative Research Council.

Presented by:    Representative Steven Haugaard
Proponents:    Tamara Darnall, LRC Fiscal Analyst

MOTION:    AMEND HB 1135

1135wa

    On page 1, line 5, of the printed bill, delete everything after "department" and insert "or agency,".

    On page 1, line 6, after "information" insert "kept in the normal course of business".

    On page 1, line 9, after "." insert "Any record, document, or other information provided under this section may not include any unnecessarily personally identifiable information.".

    On page 1, line 13, delete everything after "." and insert "The director may not release, provide,

share, or otherwise disclose any information received under section 1 of this Act with any legislator, other public agency or public body, or any other person who is not employed by the Legislative Research Council. The director shall destroy or maintain in accordance with security measures designed to comply with the confidentiality requirements of this section any record, document, or other information received under section 1 of this Act.".

    On page 1, line 14, delete everything before "The" .

    On page 2, delete lines 3 to 21, inclusive.

Moved by:    Dennert
Second by:    Gosch
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1135 UNTIL LATER TODAY

    HB 1214: prohibit certain licenses and registrations from being withheld from certain persons owing a debt within the Board of Regents' system.

MOTION:    TO TABLE HB 1214

Moved by:    Smith (Jamie)
Second by:    McCleerey
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Anderson, Dennert, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin), McCleerey, Smith (Jamie), Beal, Qualm

Excused:    Diedrich, Peterson (Kent)

MOTION:    ADJOURN

Moved by:    Beal
Second by:    Dennert
Action:    Prevailed by voice vote.

*** Bills not heard will be added to the afternoon meeting. (HB1136, HB 1265)

Pam Kean

Committee Secretary

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