84th Legislative Session _ 2009

Committee: Senate Taxation
Monday, February 02, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
E    Adelstein
P    Fryslie, Vice-Chair
E    Howie
P    Jerstad
P    Maher
P    Merchant
P    Nelson
P    Peterson
P    Hansen (Tom), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair, Senator Tom Hansen.

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, JANUARY 30TH, 2009

Moved by:    Merchant
Second by:    Nelson
Action:    Prevailed by voice vote.

        
SB 43: repeal the sales and use tax exemptions for certain amateur sports officials and rodeo services.

See previous testimony on Wednesday, January 28, 2009

Opponents:    Chuck Schroyer, SD YMCA of the U.S.A. Alliance
        Michael Held, SD Farm Bureau
        Johnny Kerstiens, SD Farmers Union
        Ron Boyd, SD Department of American Legion, Watertown, SD
        Gary Knudson, SD Veterans of Foreign Wars


        Joe Kraljic, Brotherhood of Maintenance of Way

COMMENTS: Paul Kinsman, Secretary of the Department of Revenue and Regulation

MOTION:     AMEND SB 43

43fb

     On page 2, after line 1 of the printed bill, insert:

"      Section 4.      That § 10-45-13.1 be amended to read as follows:

     10-45-13.1.   Membership organizations, major group 86, except industry numbers 8611, 8621, 8631, 8641, and 8699, as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President, are exempt from the tax imposed by this chapter on receipts from sales of services by them and their membership fees. This exemption does not apply to the tax imposed upon the gross receipts of sales of tangible personal property or any product transferred electronically by such organizations. This section does not exempt the gross receipts of a retailer which are the result of sales to organizations in major group 86 or exempt such organizations from payment of use tax on goods and services used in the conduct of their activities. ".



Moved by:    Nelson
Second by:    Fryslie
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 43 UNTIL ANOTHER DAY

MOTION:     ADJOURN

Moved by:    Merchant
Second by:    Jerstad
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary
Tom Hansen, Chair