84
th Legislative Session _ 2009
1276fb
On page 1, line 9, of the printed bill, after "
any
" insert "
person that has a
".
On page 1, line 11, delete "
shall
" and insert "
, but did not apply for a permit before January 1,
2009, may
".
On page 1, line 11, after "
2009
" insert "
, if the person agrees to the conditions established in
section 2 of this Act
".
On page 2, after line 1, insert:
"
Section 2. That chapter
10-45B
be amended by adding thereto a NEW SECTION to read as
follows:
The person agrees to only receive seventy-five percent of the total refund or credit for the sales
and use tax and contractors' excise tax that the person would otherwise qualify to receive pursuant
to this chapter.
Notwithstanding the provisions of
§
10-45B-8, the secretary shall determine and pay five percent
of the amount of the tax refund within ninety days of receipt of the return to the claimant in
accordance with §§ 10-59-22 and 10-59-23, and ninety-five percent shall be withheld by the
department until July 1, 2011. No interest shall be paid on the refund amount.".
Moved by: Greenfield
Second by: Solum
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1276 AS AMENDED
Moved by: Noem
Second by: Thompson
Action: Prevailed by roll call vote. (11-2-2-0)
Voting Yes: Gibson, Greenfield, Hunhoff (Bernie), Kirschman, Lange, Lederman, Noem, Russell,
Solum, Thompson, Olson (Ryan)
Voting No: Feickert, Juhnke
Excused: Cutler, Kirkeby
HB 1009: require certain tax refund claims for construction projects and certain
documents and records in support of tax refund claims for construction projects to
be filed within certain time periods.
Presented by: Jan Talley, Department of Revenue and Regulation
MOTION:
AMEND HB 1009
1009fa
On page 1, line 9, of the printed bill, delete "
thirty days
a
" and insert "
thirty
ninety
days".
On page 1, line 10, delete "
reasonable time
".
Moved by: Noem
Second by: Juhnke
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1009 AS AMENDED
Moved by: Greenfield
Second by: Gibson
Action: Prevailed by roll call vote. (13-0-2-0)
Voting Yes: Feickert, Gibson, Greenfield, Hunhoff (Bernie), Juhnke, Kirschman, Lange,
Lederman, Noem, Russell, Solum, Thompson, Olson (Ryan)
Excused: Cutler, Kirkeby
HB 1256: provide for a temporary increase in the sales and use tax and to declare an
emergency.
Presented by: Representative Thomas Brunner
Proponents: Dianna Miller, Large School Group
Jim Hutmacher, Mid Size Schools
Michele Brich, Inkeepers Association
Opponents: Shawn Lyons, Retailers Association
Cathy Brechtelsbauer, Bread for the World
Leona Wieland, Pax Christi
MOTION:
AMEND HB 1256
1256fa
On the printed bill, delete everything after the enacting clause.
Moved by: Greenfield
Second by: Noem
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1256 TO THE 41ST LEGISLATIVE DAY
Moved by: Hunhoff (Bernie)
Second by: Gibson
Action: Prevailed by roll call vote. (9-5-1-0)
Voting Yes: Feickert, Gibson, Hunhoff (Bernie), Kirschman, Lange, Lederman, Noem, Russell,
Thompson
Voting No: Cutler, Greenfield, Juhnke, Solum, Olson (Ryan)
Excused: Kirkeby
THE CHAIR DEFERRED HB 1266 UNTIL THURSDAY, FEBRUARY 19, 2009.
HB 1072: repeal certain exemptions from the sales tax and the use tax and to repeal
certain provisions concerning the delayed remittance of sales and use taxes for certain
businesses.
Presented by: Jan Talley, Department of Revenue and Regulation
Opponents: Bob O'Connell, Sioux Falls Area Chamber of Commerce
Rock Nelson, Sioux Falls Area Chamber of Commerce
Bruce Viau, Self, Yankton (via telephone)
Bill Retterath, Self, Brookings (via telephone)
Julie Johnson, Aberdeen Visitor Bureau, Absolutely Aberdeen
Deb Mortenson, Associated General Contractors of SD, Incorporated.
David Bordewyk, Newspaper Association
Laurie Schultz, Design Professional Corporation
MOTION:
AMEND HB 1072
1072fb
On page 1 of the printed bill, delete lines 5 to 9, inclusive.
1072fa
On page 1 of the printed bill, delete lines 10 to 15, inclusive.
On page 2, delete line 1.
1072fc
On page 2 of the printed bill, delete lines 2 to 9, inclusive.
On page 5, delete lines 9 to 16, inclusive.
1072fd
On page 2 of the printed bill, delete lines 10 to 17, inclusive.
Moved by: Solum
Second by: Cutler
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1072 AS AMENDED
Moved by: Noem
Second by: Cutler
Action: Failed by roll call vote. (5-8-2-0)
Voting Yes: Cutler, Lederman, Noem, Solum, Olson (Ryan)
Voting No: Feickert, Gibson, Greenfield, Hunhoff (Bernie), Kirschman, Lange, Russell,
Thompson
Excused: Juhnke, Kirkeby
THE CHAIR DEFERRED ACTION ON HB 1072 UNTIL THURSDAY,
FEBRUARY 19, 2009.
HB 1073: repeal certain sales and use tax exemptions and to revise certain sales and
use tax exemptions.
Presented by: Jan Talley, Department of Revenue and Regulation
Opponents: Julie Johnson, Aberdeen Development Corporation, Aberdeen Visitor Bureau
THE CHAIR DEFERRED ACTION ON HB 1073 UNTIL THURSDAY,
FEBRUARY 19, 2009.
MOTION:
ADJOURN
Moved by: Noem
Second by: Cutler
Action: Prevailed by voice vote.
Linda Daugaard
____________________________
Committee SecretaryRyan P. Olson, Chair