72nd Legislative Session -- 1997

Committee: House Taxation

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Cutler, Chair
P      Wick, Vice-Chair
P      Apa
P      Belatti
P      Brown (Richard)
P      Diedrich
P      Koskan
P      Napoli
P      Peterson (Bill)
P      Barker
P      Kazmerzak
P      Moore
P      Waltman


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Cutler.

MOTION:      TO APPROVE THE MINUTES OF JANUARY 21, 1997

Moved by:      Representative Koskan
Second by:      Representative Diedrich
Action:      Prevailed by voice vote.

          HB 1034:   to revise the definition of lodging establishment and campground for the purposes of the sales and use tax.

Proponents:      None
Opponents:      None
Presented by:      Scott Peterson, Director of Business Tax Division, Dept. of Revenue, Pierre

MOTION:      AMEND HB 1034

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f-1034

     On page 1 , after line 15 , insert:
"     Section 2. This Act shall apply to any lodging establishment or campground that is rented five or more times to transient guests within one calendar year. "

Moved by:      Representative Moore
Second by:      Representative Waltman
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO AMEND HB 1034

f-1034a

     On page 1 , after line 15 , insert:
"     Section 2. This Act shall apply to any lodging establishment or campground that is rented on five or more different occasions to transient guests within one calendar year. "

Moved by:      Representative Wick
Second by:      Representative Moore
Action:      Was not acted on.

MOTION:      MOTION TO TABLE WICK'S AMENDMENT

Moved by:      Representative Belatti
Second by:      Representative Peterson (Bill)
Action:      Prevailed by voice vote.

MOTION:      MOTION TO TABLE MOORE'S AMENDMENT

Moved by:      Representative Belatti
Second by:      Representative Apa
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1034 UNTIL THE 41st LEGISLATIVE DAY

Moved by:      Representative Brown (Richard)
Second by:      Representative Diedrich
Action:      Failed by roll call vote.   (6-7-0-0)

Voting yes:      Belatti, Brown (Richard), Diedrich, Koskan, Napoli, Waltman

Voting no:      Cutler, Wick, Apa, Peterson (Bill), Barker, Kazmerzak, Moore

MOTION:      DO PASS HB 1034

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Moved by:      Representative Peterson (Bill)
Second by:      Representative Barker
Action:      Was not acted on.

MOTION:    SUBSTITUTE MOTION TO PASS OUT OF COMMITTEE WITHOUT RECOMMENDATION

Moved by:    Representative Napoli
Seconded by:    Representative Waltman
Action:    Failed by roll call vote. (2-11-0-0)

Voting yes:    Koskan, Napoli

Voting no:    Apa, Belatti, Brown (Richard), Diedrich, Peterson (Bill), Barker, Kazmerzak, Moore, Waltman, Wick, Cutler

MOTION:      ORIGINAL MOTION OF DO PASS HB 1034
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Cutler, Apa, Diedrich, Peterson (Bill), Barker, Kazmerzak, Moore

Voting no:      Wick, Belatti, Brown (Richard), Koskan, Napoli, Waltman

          HB 1003:   to increase the petroleum release compensation and tank inspection fee and to redistribute the revenue.

Proponents:      Herb Heesch, Tri-State Corn Processing, Rosholt (Document 1 and 2)
        Kay Braun, Tri-State Corn Processing, Rosholt
        Kermit Keifer, corn farmer, Tri-State Corn Processing, Rosholt
        Lorin Pankratz, SD Corngrowers Association, Sioux Falls
        Dean Krogman, Ethanol Producers, Pierre
        Brian Jennings, SD Farmers' Union

Vice Chair Wick assumed the chair.
         
Opponents:      Bob Sutton, SD Petroleum Council, Pierre

Chair Cutler assumed the chair.

Opponents:     Dawna Leitzke Osborne, SD Petroleum Marketers Association, Pierre
        David Volk, Secretary of Commerce and Regulation, Pierre
        Jim Keyes, Secretary, Associated General Contractors                   
Presented by:      Representative David Gleason, prime sponsor, Claire City
Comments by:      Deb Hillmer, Director of Motor Vehicles, Dept. Of Revenue, Pierre (For clarification)
          Pat Tracy, corn farmer, Pierre

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MOTION:      ADJOURN

Moved by:      Representative Brown (Richard)
Second by:      Representative Diedrich
Action:      Prevailed by voice vote.

Jenelle Busse

Committee Secretary