73rd Legislative Session -- 1998

Committee: House Taxation

Thursday, January 29, 1998

                                            P - Present
                                            E - Excused
                                            A - Absent

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


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Cutler.


MOTION:      TO APPROVE THE MINUTES OF JANUARY 27, 1998

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

Vice Chair Wick assumed the chair.

          HB 1255:   to revise the railroad tax credit.

Proponents:      Andrew Fergel, Corson County State's Attorney, McIntosh
Opponents:      Bill Dougherty, lobbyist, Burlington Northern Santa Fe Railroad, Sioux Falls
Presented by:      Representative Ken Wetz, prime sponsor, Newell, (Used visual aids showing rail freight traffic density from 1993 through 1995)

MOTION:      DEFER HB 1255 UNTIL THE 36TH LEGISLATIVE DAY



Moved by:      Representative Napoli
Second by:      Representative Belatti

MOTION:      SUBSTITUTE MOTION DO PASS HB 1255

Moved by:      Representative Waltman
Second by:      None
Action:      Died for a lack of a second

MOTION:      DEFER HB 1255 UNTIL THE 36TH LEGISLATIVE DAY

Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Belatti, Diedrich, Fiegen, Napoli, Peterson (Bill), Moore, Wick

Voting no:      Apa, Koskan, Kazmerzak, Waltman

Excused:      Barker, Cutler

          HB 1274:   to repeal the wheel tax and delay the effective date.

Proponents:      None.
Opponents:      Dennis Hanson, SD Association of County Commissioners, Pierre
          Dale Metter, SD Association of Towns and Townships, Iroquois
Presented by:      Representative Bill Peterson, prime sponsor, Sioux Falls

MOTION:      DO PASS HB 1274

Moved by:      Representative Napoli
Second by:      Representative Waltman

MOTION:      SUBSTITUTE MOTION AMEND HB 1274

f-1274a

     On page 3 , delete line 13 of the printed bill , and insert:

" Section 11. This Act does not become effective until the Legislature enacts legislation to replace the revenue lost from repealing the wheel tax. "



Moved by:      Representative Apa
Second by:      Representative Waltman
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1274

Action:      Failed by roll call vote.   (3-8-2-0)

Voting yes:      Napoli, Peterson (Bill), Waltman

Voting no:      Apa, Belatti, Diedrich, Fiegen, Koskan, Kazmerzak, Moore, Wick

Excused:      Barker, Cutler

MOTION:      DEFER HB 1274 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Moore
Second by:      Representative Fiegen
Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Belatti, Diedrich, Fiegen, Koskan, Kazmerzak, Moore, Wick

Voting no:      Apa, Napoli, Peterson (Bill), Waltman

Excused:      Barker, Cutler

          HB 1220:   to provide for the taxation of certain Department of Game, Fish and Parks lands.

Proponents:      None.
Opponents:      Curt Everson, Division of Finance and Management, Pierre
          Doug Hansen, Director, Division of Wildlife, Department of Game, Fish and Parks, Pierre
          Richard Barnett, United Sportsmen for South Dakota, Sioux Falls
Presented by:      Representative John Koskan, prime sponsor, Wood

MOTION:      DO PASS HB 1220

Moved by:      Representative Napoli
Second by:      Representative Apa

MOTION:      SUBSTITUTE MOTION DEFER HB 1220 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Waltman
Second by:      Representative Belatti
Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Belatti, Diedrich, Fiegen, Peterson (Bill), Moore, Waltman, Wick

Voting no:      Apa, Koskan, Napoli, Kazmerzak

Excused:      Barker, Cutler

          HB 1150:   to exempt transportation services, veterinarian services, and animal specialty services from sales and use tax.

Proponents:      Phil Cyre, lobbyist, SD Farmers Union, Huron
          Dennis Duncan, lobbyist, SD Veterinary Medical Association, Parker
          Carl Anderson, lobbyist, SD Grain and Feed Association, Aberdeen
Opponents:      Gary Viken, Secretary, Department of Revenue, Pierre
Presented by:      Representative Dean Schrempp, prime sponsor, Lantry

MOTION:      AMEND HB 1150

f-1150

     On page 1 , line 15 of the printed bill , after " (group no. 421) " insert " except the collection and disposal of solid waste " .

     On page 7 , delete lines 11 to 18 , inclusive , and insert:

"      Section 18. That § 10-52-11 be amended to read as follows:

     10-52-11.   Veterinarian services (group no. 074) and animal specialty services except veterinary (industry no. 0752) 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 provisions of this chapter. In addition, there There are specifically exempted from the provisions of this chapter and the computation of the tax imposed by it, gross receipts from transportation services and the collection and disposal of solid waste. "



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

MOTION:      DEFER HB 1150 UNTIL ANOTHER DAY

Moved by:      Representative Waltman
Second by:      Representative Kazmerzak

MOTION:      SUBSTITUTE MOTION DEFER HB 1150 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Koskan
Second by:      Representative Cutler
Action:      Failed by roll call vote.   (6-6-1-0)

Voting yes:      Belatti, Diedrich, Fiegen, Koskan, Wick, Cutler

Voting no:      Apa, Napoli, Peterson (Bill), Kazmerzak, Moore, Waltman

Excused:      Barker

MOTION:      DO PASS HB 1150 AS AMENDED

Moved by:      Representative Napoli
Second by:      Representative Apa
Action:      Failed by roll call vote.   (4-8-1-0)

Voting yes:      Apa, Napoli, Kazmerzak, Moore

Voting no:      Belatti, Diedrich, Fiegen, Koskan, Peterson (Bill), Waltman, Wick, Cutler

Excused:      Barker

MOTION:      TO TABLE HB 1150

Moved by:      Representative Koskan
Second by:      Representative Belatti
Action:      Prevailed by roll call vote.   (8-4-1-0)

Voting yes:      Apa, Belatti, Diedrich, Fiegen, Koskan, Kazmerzak, Wick, Cutler

Voting no:      Napoli, Peterson (Bill), Moore, Waltman

Excused:      Barker

          HB 1050:   to revise certain provisions pertaining to the taxation of telecommunications property.

Previous testimony was taken on January 20, 1998.

Proponents:      Jim Fry, Department of Revenue, Pierre
Opponents:      Dennis Duncan, Commnet Cellular, Inc., Parker

MOTION:      DO PASS HB 1050

Moved by:      Representative Moore
Second by:      Representative Diedrich
Action:      Prevailed by roll call vote.   (11-1-1-0)

Voting yes:      Apa, Belatti, Diedrich, Fiegen, Koskan, Peterson (Bill), Kazmerzak, Moore, Waltman, Wick, Cutler

Voting no:      Napoli

Excused:      Barker

MOTION:      ADJOURN

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



Jenelle Busse

_________________________________

Committee Secretary
Steve Cutler, Chair


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