84th Legislative Session _ 2009
REVISED

Committee: House State Affairs
Friday, February 20, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Boomgarden
P    Engels
P    Feinstein
P    Gosch
P    Hunhoff (Bernie)
P    Lucas
P    Lust
P    Noem, Vice-Chair
P    Rausch
P    Rave
P    Steele
P    Turbiville
P    Faehn, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by REPRESENTATIVE BOB FAEHN, CHAIR.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 19, 2009

Moved by:    Rausch
Second by:    Turbiville
Action:    Prevailed by voice vote.

        
HB 1251: impose an additional tax on the proceeds of Deadwood gaming.

Presented by:    Neil Fulton, Governor's Office
Proponents if Amendment 1251oa is adopted:
        Michael DeMersserman, Deadwood Visitors Bureau
        Senator Thomas Nelson


        Lorin Pankratz, Deadwood Economic Development
        Shawn Rost, Self, Deadwood

MOTION:     AMEND HB 1251

1251oa

     On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. That chapter 42-7B be amended by adding thereto a NEW SECTION to read as follows:

     In addition to the gaming tax imposed by §  42-7B-28, there is hereby imposed an additional one percent tax on the adjusted gross proceeds of gaming allowed by this chapter. The tax shall be paid to the commission and transferred to the general fund on a monthly basis notwithstanding the provisions of § §  42-7B-48 and 42-7B-48.1."


Moved by:    Turbiville
Second by:    Noem
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1251

Representative Hunhoff distributed handouts #1,2,3.

1251ba

     On page 1, line 5, of the printed bill, overstrike "a" and insert " two ".

     On page 1, line 5, overstrike "fee" and insert " fees ".

     On page 1, line 6, delete " two three thousand dollars." and insert " two one thousand dollars. There is also imposed a fifteen percent fee on the adjusted gross proceeds of gaming in excess of six thousand seven hundred dollars per state fiscal year. ".

     On page 1, line 8, delete everything after "." And insert " The one thousand dollars fee is payable on June fifteenth and the fifteen percent fee is payable to the commission per §  42-7B-29. The commission shall transfer one-third of the fees collected pursuant to this Act to the state general fund on a monthly basis. ".

     On page 1, delete line 9.

     On page 1, line 10, delete everything before "The" .


Moved by:    Hunhoff (Bernie)
Second by:    Feinstein
Action:    Failed by roll call vote. (4-9-0-0)

Voting Yes:    Engels, Feinstein, Hunhoff (Bernie), Lucas

Voting No:    Boomgarden, Gosch, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

MOTION:     AMEND HB 1251

1251oa

     On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. That chapter 42-7B be amended by adding thereto a NEW SECTION to read as follows:

     In addition to the gaming tax imposed by §  42-7B-28, there is hereby imposed an additional one percent tax on the adjusted gross proceeds of gaming allowed by this chapter. The tax shall be paid to the commission and transferred to the general fund on a monthly basis notwithstanding the provisions of § §  42-7B-48 and 42-7B-48.1."


Moved by:    Turbiville
Second by:    Noem
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1251 AS AMENDED

Moved by:    Rausch
Second by:    Noem
Action:    Prevailed by roll call vote. (10-3-0-0)

Voting Yes:    Boomgarden, Engels, Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

Voting No:    Feinstein, Gosch, Hunhoff (Bernie)

MOTION:     AMEND TITLE OF HB 1251

1251ota

     On page 1, line 1, of the printed bill, delete everything after "to" and insert "impose an additional tax on the proceeds of Deadwood gaming.".

     On page 1, delete line 2.


Moved by:    Turbiville
Second by:    Rausch
Action:    Prevailed by voice vote.

        
HB 1283: require legislative approval for agreements with Indian tribes.

Presented by:    Representative Kristi Noem
Proponents:    Clarence Skye, United Sioux Tribes
Opponents:    David Wiest, Department of Revenue and Regulation
        Paul Valandra, Rosebud Sioux Tribe

MOTION:     DEFER HB 1283 TO THE 41ST LEGISLATIVE DAY

Moved by:    Rave
Second by:    Rausch
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Boomgarden, Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

        
HB 1284: provide for the transport of electricity generated by certain customer- owned wind generation facilities and to establish maximum transporting charges for the electricity.

Presented by:    Representative Kristi Noem
Proponents:    John Koskan, Self, Wood, SD (Handout: 4)
        Angela Ehlers, SD Association of Conservation Districts
Opponents:    Ed Anderson, SD Rural Electric Association
        Steve Willard, SD Electric Utilities

MOTION:     AMEND HB 1284

1284fb

     On page 1, line 9, of the printed bill, after "." insert "No electric customer may submit a request to any utility to transport electricity pursuant to this section after June 30, 2014.".


Moved by:    Noem
Second by:    Rausch
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1284 AS AMENDED

Moved by:    Noem
Second by:    Gosch
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1284 TO THE 41ST LEGISLATIVE DAY

Moved by:    Rausch
Second by:    Lust
Action:    Prevailed by roll call vote. (9-1-3-0)

Voting Yes:    Engels, Feinstein, Gosch, Lucas, Rausch, Rave, Steele, Turbiville, Faehn

Voting No:    Noem

Excused:    Boomgarden, Hunhoff (Bernie), Lust

MOTION:     ADJOURN

Moved by:    Rausch
Second by:    Gosch
Action:    Prevailed by voice vote.

Eileen Eller

____________________________

Committee Secretary
Bob Faehn, Chair