P - Present
E - Excused
A - Absent
Roll Call
P Anderson
E Dennert
P 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 27, 2019
Moved by: Gosch
Second by: Beal
Action: Prevailed by voice vote.
SB 86: provide for calculations of sales tax revenues from sellers located outside of the state.
Presented by: Representative David Anderson
MOTION: AMEND SB 86
"
Section 1. That § 10-64-9 be amended to read:
10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote sellers
who deliver tangible personal property, products transferred electronically, or services directly to the
citizens of South Dakota, the additional net revenue from such obligation shall be used to reduce the
rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1,
10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on July first following the calendar year for
which each additional twenty million dollar increment of net revenue is collected and remitted by such
remote sellers. However, the rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2,
10-46E-1, and 10-58-1 may not be reduced below four percent pursuant to the provisions of this
section. The Department of Revenue shall prepare and submit to the Joint Committee on
Appropriations, no later than the twenty-first legislative day, calculations of actual revenue reported
during the immediately preceding calendar year under §§ 10-64-2 and 10-65-5. The calculation of
revenue reported under §§ 10-64-2 may not include any revenue reported prior to November 1, 2018.
If the revenue reported in a calendar year exceeds the revenue reported in the immediately preceding
calendar year by at least twenty million dollars, the committee shall introduce legislation to reduce the
rate of tax under §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1. 10-45-6.2, 10-45-8, 10-45-71,
10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46.69.2, 10-46E-1, and 10-58-1 by
one-tenth percent for each increment of twenty million dollars. The rate of tax reduced under this
section may not be less than four percent. "
MOTION: DO PASS SB 91
Moved by: Anderson
Second by: Beal
Action: Prevailed by roll call vote. (8-0-5-0)
Voting Yes: Anderson, Diedrich, Goodwin, Gosch, Haugaard, Jensen (Kevin), Beal, Qualm
Excused: Dennert, Hansen, McCleerey, Peterson (Kent), Smith (Jamie)
MOTION: PLACE SB 91 ON CONSENT CALENDAR
Moved by: Anderson
Second by: Beal
Action: Prevailed by voice vote.
SCR 8: Requesting Congress to lawfully change the Medicaid eligibility requirements to give
states the option to provide Medicaid services to persons in jail pending disposition.
Presented by: Representative Kevin Jensen
MOTION: THAT SCR 8 BE CONCURRED IN
Moved by: Diedrich
Second by: Gosch
Action: Prevailed by roll call vote. (8-0-5-0)
Voting Yes: Anderson, Diedrich, Goodwin, Gosch, Haugaard, Jensen (Kevin), Beal, Qualm
Excused: Dennert, Hansen, McCleerey, Peterson (Kent), Smith (Jamie)
SJR 2: Proposing and submitting to the voters an amendment to the Constitution of the State
of South Dakota, providing for wagering on sporting events.
Presented by: Caleb Archeneaux, self Rapid City
Proponents: Lynzie Montagu, self, Rapid City
Mike Rodman, Deadwood Gaming Association (Handout(s): #1,2,3)
David Owen, South Dakota Chamber of Commerce & Industry
Roger Tellinghuisen, Deadwood Gaming Association
Opponents: David Wiest, Department of Revenue (Handout(s): #4)
Pam Kean