72nd Legislative Session -- 1997

Committee: Senate Taxation

Friday, February 14, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brown (Arnold)
P      Daugaard
P      Flowers
P      Lange
P      Olson
P      Staggers
P      Thompson
P      Shoener, Vice-Chair
P      Paisley, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by SENATOR KEITH PAISLEY, CHAIRMAN.


MOTION:      TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

Moved by:      Senator Thompson
Second by:      Senator Olson
Action:      Prevailed by voice vote.

          SB 228:   to provide for and to regulate electronic livestock auctions.

Proponents:      Jerry Biedenfeld, SD Livestock Markets Assn.
          Rep. Don Munson, sponsor,Sam Holland, State Vet-Animal Industry Bd.
          Darlene Huettel, SD Stockgrowers Assn.
         
Presented by:      Sen. Hunhoff, sponsor

MOTION:      AMEND SB 228

t-228
     On the printed bill, Delete everything after the enacting clause and insert:

"      Section  1.  That chapter 40-15 be amended by adding thereto a NEW SECTION to read as follows:

    The term, electronic auction, refers to computer-accessible auctions where livestock are bought and sold through public auction. The Animal Industry Board shall regulate electronic auctions. Any livestock auction agency licensed under this chapter may also be licensed to operate electronic auctions of livestock for immediate slaughter if the application and licensure procedures for the electronic auctions are in compliance with § § 40-15-1 to 40-15-10, inclusive. The provisions of § § 40-15-11, 40-15-12, 40-15-14, 40-15-16, 40-15-21, 40-15-26 to 40-15-34, inclusive, 40-15-35.1, 40-15-36, 40-15-38, and 40-15-39 also apply to electronic auction agencies.

    Section 2. Livestock sold by electronic auction not delivered directly from the farm of origin to a United States Department of Agriculture or state inspected slaughter establishment may pass only through a United States Department of Agriculture approved stockyard for all classes of livestock.

    Section 3. The board shall promulgate rules pursuant to chapter 1-26 to ensure:

             (1)    That livestock for immediate slaughter sold on a carcass basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing livestock on a carcass basis;

             (2)    That livestock for immediate slaughter sold on a live basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing such livestock; and

             (3)    That a fee is assessed for all livestock sold by electronic auction on a per head basis in an amount equal to ten percent of the minimum inspection fees as provided for in § 40-15- 17. "


Moved by:      Senator Shoener
Second by:      Senator Thompson
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 228 AS AMENDED

Moved by:      Senator Thompson
Second by:      Senator Shoener
Action:      Prevailed by roll call vote.   (9-0-0-0)

Voting yes:      Brown (Arnold), Daugaard, Flowers, Lange, Olson, Staggers, Thompson, Shoener, Paisley

          SB 191:   to allow the payment of gross receipts tax on the rental of certain trailers and to declare an emergency.

Proponents:      Jim Keyes, Assoc. General Contractors
          Stan Burgers, Diesel Machinery, Sioux Falls
          Deb Hillmer, Dir. Of Motor Vechiles
         
Presented by:      Senator Paisley, prime sponsor

MOTION:      DO PASS SB 191

Moved by:      Senator Daugaard
Second by:      Senator Thompson
Action:      Prevailed by roll call vote.   (9-0-0-0)

Voting yes:      Brown (Arnold), Daugaard, Flowers, Lange, Olson, Staggers, Thompson, Shoener, Paisley

          SB 140:   to revise the criteria for the assessment freeze on the taxation of certain single-family dwellings.

Opponents:      Jim Shade, Dept. Of Revenue, Handout A
         
Presented by:      Sen. Staggers, sponsor

MOTION:      DEFER SB 140 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Shoener
Second by:      Senator Brown (Arnold)
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 140 UNTIL Saturday, Feb. 15, 1997.

Moved by:      Senator Olson
Second by:      Senator Lange
Action:      Failed by roll call vote.   (3-6-0-0)

Voting yes:      Lange, Olson, Staggers

Voting no:      Brown (Arnold), Daugaard, Flowers, Thompson, Shoener, Paisley

MOTION:      DEFER SB 140 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Shoener
Second by:      Senator Brown (Arnold)
Action:      Prevailed by roll call vote.   (6-3-0-0)

Voting yes:      Brown (Arnold), Daugaard, Flowers, Thompson, Shoener, Paisley

Voting no:      Lange, Olson, Staggers

          SB 234:   to exempt transportation services, veterinarian services, and animal specialty services from sales and use tax.

Proponents:      Rep. Schrempp, sponsor
          Van Johnson, SD Trucking Assn.
          Rep. Waltman, sponsor
          Jim Keyes, Assoc. General Contractors-Handout B
Opponents:      Sec. Gary Viken, Dept. Of Revenue
          Tim Kromminga, Sioux Empire Housing-Handout C
Presented by:      Sen. Dennert, sponsor
Comments by:      Scott Peterson, Dept. Of Revenue

MOTION:      DEFER SB 234 UNTIL Saturday, Feb. 15, 1997.

Moved by:      Senator Thompson
Second by:      Senator Shoener
Action:      Prevailed by voice vote.

MOTION:      REMOVE SB 197 FROM TABLE

Moved by:      Senator Staggers
Second by:      Senator Lange
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Shoener
Second by:      Senator Thompson
Action:      Prevailed by voice vote.


Gayle Schekel

_________________________________

Committee Secretary
Keith Paisley, Chair


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