84
th Legislative Session _ 2009
1072fe
On page 4 of the printed bill, delete lines 22 to 24, inclusive.
On page 5, delete lines 1 to 8, inclusive.
Moved by: Hunhoff (Bernie)
Second by: Greenfield
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1072 AS AMENDED
Moved by: Noem
Second by: Hunhoff (Bernie)
Action: Prevailed by roll call vote. (10-4-1-0)
Voting Yes: Greenfield, Hunhoff (Bernie), Juhnke, Kirkeby, Lange, Lederman, Noem, Russell,
Solum, Olson (Ryan)
Voting No: Feickert, Gibson, Kirschman, Thompson
Excused: Cutler
MOTION:
AMEND TITLE OF HB 1072
1072fta
On page 1, line 1, of the printed bill, delete everything after "Act to" .
On page 1, line 2, delete "tax and to".
1073fb
On page 3 of the printed bill, delete lines 2 to 10, inclusive.
On page 4, delete lines 4 to 12, inclusive.
1073fc
On page 3 of the printed bill, delete lines 11 to 13, inclusive.
Moved by: Greenfield
Second by: Russell
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1073 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, Russell, Solum,
Thompson
Voting No: Greenfield, Juhnke, Kirkeby, Noem, Olson (Ryan)
Excused: Cutler
HB 1229: extend the time frame for when the gross receipts tax on visitor-related
businesses is imposed and to transfer money to the general fund from the tourism
promotion fund.
Presented by: Representative Kristi Noem
Proponents: Representative Bernie Hunhoff
Richard Benda, Department of Tourism and State Development (Handouts: #1)
Lorin Pankratz, Vacation Industry Alliance
Bill Honerkamp, Black Hills, Badlands & Lakes Association
MOTION:
AMEND HB 1229
1229fg
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
10-45D-2
be amended to read as follows:
10-45D-2.
There is hereby imposed a tax of one
and one-half
percent on the gross receipts from
any lodging establishment, campground, motor vehicle rental, visitor attraction, recreational
equipment rental, recreational service, spectator event, and visitor-intensive business. The tax
imposed by this section on the gross receipts of any visitor-intensive business shall apply to the gross
receipts received by such business during the months of June, July, August, and September. The tax
imposed by this section is in addition to any other tax imposed by chapters 10-45 and 10-46.
Tangible personal property, any product transferred electronically, services, and admissions are
subject to the tax imposed by this section only if subject to tax by chapters 10-45 and 10-46.
Section 2. That
§
1-42-31
be amended to read as follows:
1-42-31.
There is hereby established a tourism promotion fund in the Department of Tourism and
State Development.
The fund shall be used for the purposes and functions set forth in chapter 1-22
for the South Dakota State Arts Council and chapter 1-52 for the Department of Tourism and State
Development.
".
Moved by: Hunhoff (Bernie)
Second by: Gibson
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1229 AS AMENDED
Moved by: Gibson
Second by: Noem
Action: Prevailed by roll call vote. (15-0-0-0)
Voting Yes: Cutler, Feickert, Gibson, Greenfield, Hunhoff (Bernie), Juhnke, Kirkeby, Kirschman,
Lange, Lederman, Noem, Russell, Solum, Thompson, Olson (Ryan)
MOTION:
AMEND TITLE OF HB 1229
1229ftf
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "increase the
gross receipts tax imposed on visitor-related businesses and to revise certain provisions concerning
the tourism promotion fund.".
On page 1, delete lines 2 and 3.
Moved by: Lederman
Second by: Gibson
Action: Prevailed by voice vote.
HB 1266: impose a tax on the gross receipts of advertising services, to create the
education advertising gross receipts tax fund, and to deposit the advertising gross
receipts tax revenue in the education advertising gross receipts tax fund.
Presented by: Representative Thomas Deadrick
Proponents: Senator Mike Vehle
Dianna Miller, Large School Group
Jim Hutmacher, Coalition of Schools, Mid Size Schools
Opponents: David Bordewyk, Newspaper Association
Steve Willard, Broadcasters Association
Myron Rau, Auto Dealers Association
Shawn Lyons, Retailers Association
Bob Faehn, Self, Watertown
MOTION:
AMEND HB 1266
1266fa
On page 1 of the printed bill, delete line 12, and insert:
"
(5) "Regional seller" or "regional advertiser," any seller or advertiser that sells from locations
in more than one state;
(6) "Secretary," the secretary of the Department of Revenue and Regulation;
(7) "Seller" or "advertiser," any person whose identity, business, service, or product is the
primary subject of the advertising message.".
On page 3, line 2, after "." insert "The gross receipts for advertising services are not subject to
the tax imposed by this Act if the advertising services are provided to any regional seller or
advertiser that does not have a principal place of business in this state.".
Moved by: Noem
Second by: Juhnke
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1266 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, Noem, Russell, Solum, Thompson,
Olson (Ryan)
Voting No: Greenfield, Juhnke, Kirkeby, Lange, Lederman
Excused: Cutler
HB 1294: repeal the methodology that assesses agricultural land based on its
agricultural income value, to dissolve the implementation and oversight advisory task
force, and to revise certain provisions concerning the assessment of real property.
Presented by: Representative David Lust
Proponents: Senator Al Novstrup (Handouts: #1,2,3)
Mary Worlie, Association of Assessing Officers, Incorporation (Handouts: #4)
Debbie Kahl, Association of Assessing Officers, Incorporation
Opponents: Michael Kenyon, Department of Revenue and Regulation (Handouts: #5)
Mary Duvall, Farm Bureau
Mathew McCaulley, Corn Growers Association
Walt Bones, Self, Parker
Jodie Hickman, Cattlemen's Association
MOTION:
DEFER HB 1294 TO THE 41ST LEGISLATIVE DAY
Moved by: Noem
Second by: Juhnke
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1294
Moved by: Cutler
Second by: Feickert
Action: Failed by roll call vote. (4-11-0-0)
Voting Yes: Cutler, Feickert, Kirkeby, Thompson
Voting No: Gibson, Greenfield, Hunhoff (Bernie), Juhnke, Kirschman, Lange, Lederman, Noem,
Russell, Solum, Olson (Ryan)
MOTION:
DEFER HB 1294 TO THE 41ST LEGISLATIVE DAY
Moved by: Noem
Second by: Juhnke
Action: Prevailed by roll call vote. (11-4-0-0)
Voting Yes: Gibson, Greenfield, Hunhoff (Bernie), Juhnke, Kirschman, Lange, Lederman, Noem,
Russell, Solum, Olson (Ryan)
Voting No: Cutler, Feickert, Kirkeby, Thompson
MOTION:
ADJOURN
Moved by: Gibson
Second by: Noem
Action: Prevailed by voice vote.
Linda Daugaard
____________________________
Committee SecretaryRyan P. Olson, Chair