73rd Legislative Session -- 1998
Committee: House State Affairs
Wednesday, February 4, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Broderick
P
Brown (Richard)
P
Cutler
P
Hagg
P
Hunt
P
Jorgensen
P
Roe
P
Haley
P
Koetzle
P
Lucas
P
Schaunaman
P
Pederson (Gordon), Vice-Chair
P
Gabriel, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Larry E. Gabriel.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 2, 1998.
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Cutler
Action:
Prevailed by voice vote.
HB 1160 AND HB 1142 WERE DEFERRED UNTIL MONDAY, FEBRUARY 9, 1998.
HB 1066:
to repeal certain statutes concerning the confidentiality of certain
information resulting from the examination, investigation, or audit of private
entities.
Proponents:
Senator Bernie Hunhoff, sponsor
Dave Bordewyk, lobbyist, SD Newspaper Association
Opponents:
John Brown, lobbyist, SD Consumer Finance Association
Presented by:
Representative Caitlin Collier, prime sponsor
MOTION:
DO PASS HB 1066
Moved by:
Representative Haley
Second by:
Representative Lucas
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1066 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Jorgensen
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Pederson
(Gordon), Gabriel
Voting no:
Haley, Koetzle, Lucas, Schaunaman
HB 1017:
to limit annual property assessment increases.
Proponents:
Marie Ingalls, lobbyist, Farm Bureau
Opponents:
Jim Fry, Department of Revenue
Dennis Hanson, lobbyist, SD Association of County Commissioners
Presented by:
Representative Cheryl Madden, prime sponsor
MOTION:
AMEND HB 1017
f-1017
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That
§
10-3-41
be amended to read as follows:
10-3-41.
The director of equalization shall make the necessary adjustments to the valuations
before the notice of assessment pursuant to
§
10-6-50, so that the
median
level of assessment
represents at least eighty-five percent of market value as determined by the Department of Revenue.
Section
2.
That
§
10-6-33.6
be amended to read as follows:
10-6-33.6.
If the
median
value per acre in an identifiable region within a county deviates by more
than ten percent from the county average, the county director of equalization may establish a separate
market value per acre for the land defined by the director of equalization within that region.
Section
3.
That
§
10-6-33.8
be amended to read as follows:
10-6-33.8.
The
median
sales to assessment ratio of all real property
may not be less than
shall
be
eighty-five percent
or more than one hundred percent
of the market value
.
Section
4.
That
§
10-6-33.12
be amended to read as follows:
10-6-33.12.
For the purposes of
§
§
10-6-33.8 and 10-6-33.9, there shall be a separate
median
sales to assessment ratio and coefficient of dispersion for agricultural and nonagricultural real
property.
Section
5.
That
§
10-6-33.13
be amended to read as follows:
10-6-33.13.
The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning
the:
(1)
Collection and tabulation of information required to determine
median
appraisal or sales
assessment ratio, and coefficient of dispersion;
(2)
Criteria to be included in a compliance audit of assessment practices; and
(3)
Conditions under which a certificate of compliance may be issued to a county.
Section
6.
That
§
10-11-58
be amended to read as follows:
10-11-58.
In order to determine the average level of assessment in each county the secretary of
revenue shall compute the
median
ratio. The
median
ratio is the middle value in the array of ratios
of assessed valuations to sales, from the highest to the lowest for the current year and one year
preceding the assessment year. If there are fewer than ten sales,
medians
ratios
may, in the case of
agricultural land, be determined by bridging sales information from adjoining counties or in the case
of nonagricultural land from other municipalities.
Section
7.
That
§
10-11-59
be amended to read as follows:
10-11-59.
In order to determine the degree of assessment uniformity and compliance in the
assessment of property within each county, the secretary of revenue shall compute the coefficient
of dispersion. The coefficient of dispersion is the percentage which the average of the deviation of
the assessment ratio of individual sale properties bears to their
median
ratio.
Section
8.
That
§
10-12-42
be amended to read as follows:
10-12-42.
For taxes payable in 1997 and each year thereafter, the levy for the general fund of a
school district shall be as follows:
(1)
The maximum tax levy shall be sixteen dollars and forty-nine cents per thousand dollars
of taxable valuation subject to the limitations on agricultural property as provided in
subdivision (2) of this section and owner-occupied property as provided for in subdivision
(3) of this section;
(2)
The maximum tax levy on agricultural property for such school district shall be five
dollars and sixty-six cents per thousand dollars of taxable valuation. If the district's levies
are less than the maximum levies as stated in chapter 10-13, the levies shall maintain the
same proportion to each other as represented in the mathematical relationship at the
maximum levies;
(3)
The maximum tax levy for an owner-occupied single-family dwelling as defined in
§
10-13-40, for such school district may not exceed nine dollars and six cents per thousand
dollars of taxable valuation. If the district's levies are less than the maximum levies as
stated in chapter 10-13, the levies shall maintain the same proportion to each other as
represented in the mathematical relationship at the maximum levies.
All levies in this section shall be imposed on valuations where the
median
level of assessment
represents eighty-five percent of market value as determined by the Department of Revenue. These
valuations shall be used for all school funding purposes. If the district has imposed an excess levy
pursuant to
§
10-13-43, the levies shall maintain the same proportion to each other as represented
in the mathematical relationship at the maximum levies in this section. The school district may elect
to tax at less than the maximum amounts set forth in this section.
Section
9.
That
§
10-13-37
be amended to read as follows:
10-13-37.
Property taxes shall be levied on valuations where the
median
level of assessment
represents eighty-five percent of the market value as determined by the Department of Revenue.
"
Moved by:
Representative Hagg
Second by:
Representative Brown (Richard)
Action:
Was not acted on.
MOTION:
DEFER HB 1017 AND THE PENDING AMENDMENT UNTIL WEDNESDAY,
FEBRUARY 11.
Moved by:
Representative Jorgensen
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
HB 1267:
to create a workers' compensation scholarship fund.
Proponents:
Paul Aylward, lobbyist, AFL-CIO and AFSCME, Huron
Opponents:
Ray Trankle, lobbyist, Industry and Commerce Association
Presented by:
Representative Gil Koetzle, prime sponsor
MOTION:
AMEND HB 1267
z-1267
On page
1
,
delete line
5 of the printed bill
.
On page
1
,
line
6
,
delete "
scholarships
"
and insert "
Scholarships shall be provided
"
.
On page
1
,
line
9
,
delete "
The workers'
"
.
On page
1
,
delete line
10
.
Moved by:
Representative Lucas
Second by:
Representative Schaunaman
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1267 AS AMENDED
Moved by:
Representative Lucas
Second by:
Representative Haley
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Broderick, Cutler, Hagg, Haley, Koetzle, Lucas, Schaunaman, Gabriel
Voting no:
Brown (Richard), Hunt, Jorgensen, Roe, Pederson (Gordon)
MOTION:
TO AMEND TITLE OF HB 1267
o-1267
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
provide for
scholarships for certain persons receiving workers' compensation benefits.
"
.
Moved by:
Representative Haley
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
HJR 1006:
Proposing and submitting to the electors at the next general election an
amendment to Article XI of the Constitution of the State of South Dakota, relating
to revenue and expenditure limits of certain units of government in South Dakota.
Proponents:
Mike Held, lobbyist, SD Farm Bureau
Opponents:
Bob Stevens, lobbyist, South Dakota Education Association
Presented by:
Representative Hal Wick, prime sponsor
MOTION:
AMEND HJR1006
o-j1006
On page
2
,
line
15 of the printed resolution
,
before "
.
"
insert "
or accomplished by reduction in
taxes that local governments may levy in an amount at least equal to the tax revenues as provided
in
§
15 of this Article
"
.
Moved by:
Representative Cutler
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
MOTION:
DEFER HJR1006 UNTIL MONDAY, FEBRUARY 9.
Moved by:
Representative Hunt
Second by:
Representative Broderick
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HJR1006 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Lucas
Second by:
Representative Haley
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Broderick, Brown (Richard), Hagg, Jorgensen, Roe, Haley, Koetzle, Lucas,
Pederson (Gordon)
Voting no:
Cutler, Hunt, Schaunaman, Gabriel
HB 1260:
to provide increased authority to the Board of Economic Development
to encourage loans in municipalities with a population of less than two thousand.
Comments by:
Representative Gil Koetzle (handout 1)
MOTION:
DEFER HB 1260 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Roe
Second by:
Representative Haley
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle,
Lucas, Schaunaman, Pederson (Gordon), Gabriel
HB 1174:
to revise certain solid waste reduction goals and landfill bans.
Comments by:
Representative Kay Jorgensen for the sub-committee
Terry Keller, Solid Waste Management Association
LuAnne Napton, lobbyist, SD Resources Coalition
Bill Huebner, self, Rapid City
Dick Tieszen, lobbyist, SD Waste Management
MOTION:
AMEND HB 1174
o-1174b
On the previously adopted amendment (o-1174c) in the second paragraph of the new material
being added to page 4 of the printed bill, after "
goal.
" insert "
Appropriate methods and technology
includes recycling facilities.
"
Moved by:
Representative Jorgensen
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1174
o-1174e
On page
2
,
line
15 of the printed bill
,
delete "
landfill's
"
.
On page
4
,
delete lines
11
to
17
, inclusive
.
Moved by:
Representative Jorgensen
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1174 AS AMENDED
Moved by:
Representative Hagg
Second by:
Representative Roe
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Richard), Hagg, Roe, Haley, Lucas, Pederson (Gordon), Gabriel
Voting no:
Broderick, Cutler, Hunt, Jorgensen, Koetzle, Schaunaman
MOTION:
ADJOURN
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Larry E. Gabriel, Chair
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