Senate State Affairs Minutes 01/26/1998 7:45 AM

Roll Call
P      Dunn (Jim)
P      Everist
P      Munson (David)
P      Dunn (Rebecca)
P      Hunhoff
P      Lawler
P      Whiting
P      Rounds, Vice-Chair
P      Halverson, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Halverson, Chairman.

MOTION:      TO APPROVE THE MINUTES OF JANUARY 23, 1998.

Moved by:      Senator Whiting
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.

          DEFER SB 174 UNTIL Wednesday, January 28, 1998.

          HCR 1003: Requesting that construction of the National World War II Memorial proceed expeditiously.

Proponents:      Representative Cerny

MOTION:      THAT HCR1003 BE CONCURRED IN

Moved by:      Senator Lawler
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote. (7-0-2-0)

Voting yes:      Dunn (Jim), Dunn (Rebecca), Hunhoff, Lawler, Whiting, Rounds, Halverson

Excused:      Everist, Munson (David)

MOTION:      PLACE HCR1003 ON CONSENT CALENDAR

Moved by:      Senator Lawler
Second by:      Senator Rounds
Action:      Prevailed by voice vote.

          SB 155: to permit affirmation rather than notarization of certain documents.

Proponents:      Senator Whiting
Opponents:      Jeremiah Murphy, Sioux Falls, Western Surety

        VICE-CHAIR ROUNDS PRESIDING.

MOTION:      DEFER SB 155 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Lawler
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote. (6-3-0-0)

Voting yes:      Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Lawler, Rounds

Voting no:      Hunhoff, Whiting, Halverson

        CHAIR HALVERSON PRESIDING.

MOTION:      TO INTRODUCE THE FOLLOWING BILLS ON BEHALF OF THE GOVERNOR.

        An Act to reduce the property tax levies for general funds of a school district for         the purposes of maintaining the relationship between state aid to general education         and local effort and to provide for a 5% reduction in property taxes for certain types         of property.

An Act to revise certain provisions relating to the annual property tax bill.

Moved by:      Senator Lawler
Second by:      Senator Everist
Action:      Prevailed by voice vote.

          SB 83: to repeal certain statutes concerning the confidentiality of certain information resulting from the examination, investigation, or audit of private entities.

Proponents:      Representative Collier
Opponents:      John Brown, Pierre, SD Consumer Finance Assn
Presented by:      Senator Hunhoff

MOTION:      DO PASS SB 83

Moved by:      Senator Whiting
Second by:      Senator Lawler
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE SB 83

Moved by:      Senator Everist
Second by:      Senator Rounds
Action:      Prevailed by roll call vote. (5-3-1-0)

Voting yes:      Dunn (Jim), Everist, Whiting, Rounds, Halverson

Voting no:      Dunn (Rebecca), Hunhoff, Lawler

Excused:      Munson (David)

          SB 131: to clarify eligibility for ethanol production incentive payments.

Proponents:      Jeff Fox, Sioux Falls, SD Ethanol Producers
Opponents:      Bob Sutton, SD Petroleum Council
          Comments by Pat Cerny, Burke, Southern Missouri Water Development District

MOTION:      DO PASS SB 131

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

Voting yes:      Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting, Rounds, Halverson

MOTION:      PLACE SB 131 ON CONSENT CALENDAR

Moved by:      Senator Lawler
Second by:      Senator Rounds
Action:      Prevailed by voice vote.

          SB 1: to establish a telecommunications gross receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross receipts taxes paid by certain telecommunications companies.

Proponents:      Senator Everist

MOTION:      AMEND SB 1

On page 3 , after line 16 of the printed bill , insert:

" Section 9A. By January 31, 2000, the secretary shall determine if any telecommunications company paid more property taxes for calendar year 1998 pursuant to section 9 of this Act than the telecommunications company paid in telecommunications gross receipts tax pursuant to this Act for calendar year 1999. If any telecommunications company paid a greater amount of property taxes for calendar year 1998 than it paid in telecommunications gross receipts tax for calendar year 1999, the secretary shall assess the telecommunications company the amount of the difference. The telecommunications company shall pay the assessment to the department by March 1, 2000. Any assessment collected shall be deposited in a special fund to be used for the schools 20th century technology program. The moneys deposited in the fund shall be appropriated pursuant to chapter 4-7 for use by the schools 20th century technology program. "

On page 3 , after line 16 of the printed bill , insert:

" Section 9A. By January 31, 2000, the secretary shall determine if any telecommunications company paid more property taxes for calendar year 1998 pursuant to section 9 of this Act than the telecommunications company paid in telecommunications gross receipts tax pursuant to this Act for calendar year 1999. If any telecommunications company paid a greater amount of property taxes for calendar year 1998 than it paid in telecommunications gross receipts tax for calendar year 1999, the secretary shall assess the telecommunications company the amount of the difference. The telecommunications company shall pay the assessment to the department by March 1, 2000. Any assessment collected shall be deposited in a special fund to be used for the schools 21st century technology program. The moneys deposited in the fund shall be appropriated pursuant to chapter 4-7 for use by the schools 21st century technology program. "