Senate Journal 2/23/2009 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 23, 2009

The Senate convened at 2:00 p.m., pursuant to adjournment, the President Pro Tempore presiding.

The prayer was offered by the Chaplain, Rev. Susan Carr, followed by the Pledge of Allegiance led by Senate page Kama Konda.

Roll Call: All members present except Sen. Gary Hanson who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-sixth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 193 which was tabled.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1150 and 1202 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1126 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1231 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 199, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

199fd

On page 10, line 9, of the printed bill, delete " one-half " and insert " three-tenths ".

On page 10, line 13, delete " one-half " and insert " three-tenths ".

On page 11, line 4, delete " one-half " and insert " three-tenths ".

On page 11, line 9, delete " one-half " and insert " three-tenths ".

On page 11, line 15, delete " one- " and insert " three-tenths ".

On page 11, line 16, delete " half ".

On page 12, line 8, delete " one-half " and insert " three-tenths ".

On page 12, line 18, delete " one-half " and insert " three-tenths ".

On page 12, line 22, delete " one-half " and insert " three-tenths ".

On page 13, line 4, delete " one-half " and insert " three-tenths ".

On page 13, line 17, delete " one-half " and insert " three-tenths ".

On page 13, line 20, delete " one-half " and insert " three-tenths ".

On page 14, line 1, delete " one-half " and insert " three-tenths ".

On page 14, delete lines 7 to 21, inclusive, and insert:

"Section 17. That § 10-52-2 be amended to read as follows:

10-52-2. Any incorporated municipality within this state may impose any non-ad valorem tax in accordance with the provisions of this chapter, except upon fuel used for motor vehicles, by ordinance enacted by its local governing board. However, no tax may be levied on the sale, use, storage and consumption of items taxed under chapters 10-45 and 10-46, unless such tax conforms in all respects to the state tax on such items with the exception of the rate, and the rate levied does not exceed two and fifteen-hundredths percent. "

199ff

On page 14 of the printed bill, delete lines 7 to 21, inclusive, and insert:

"Section 17. Any retailer required to file a return and remit the tax imposed by chapter 10- 45 who sells any item defined as food pursuant to subdivision 10-45-1(5) shall report the gross receipts from the sale of food when the retailer files its return with the department. Within ninety days after the return is filed, the department shall distribute an amount of money to each municipality that imposes a tax pursuant to chapter 10-52. The amount of money distributed to each municipality shall be equal to the gross receipts from the sale of food in the municipality times the rate of taxation imposed by the municipality pursuant to chapter 10-52.

Section 18. Any retailer required to file a return and remit the tax imposed by chapter 10-46 who uses any item defined as food pursuant to subdivision 10-46-1(5) shall report the gross receipts from the use of food when the retailer files its return with the department. Within ninety days after the return is filed, the department shall distribute an amount of money to each municipality that imposes a tax pursuant to chapter 10-52. The amount of money distributed to each municipality shall be equal to the gross receipts from the use of food in the municipality times the rate of taxation imposed by the municipality pursuant to chapter 10-52.

Section 19. Within ninety days after the return is filed pursuant to sections 17 and 18 of this Act, the department shall distribute an amount of money to each Indian tribe that has entered into a tax collection agreement that covers sales and use tax. The amount of money distributed to each Indian tribe shall be equal to the gross receipts from the sales and use of food in the area defined by the tax collection agreement times the percentage of such taxes remitted to the tribe times four percent."

199ftc

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "exempt certain food items from sales and use tax, to".

On page 1, line 3, after "municipalities" insert "and Indian tribes".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill be amended as follows:

1215ra

On page 1, after line 11 of the House engrossed bill, insert:

"Section 3. That § 10-45C-14 be amended to read as follows:

10-45C-14. There is hereby created in the state treasury the tax relief fund. The revenue collected pursuant to § 10-45C-15 shall be deposited in the tax relief fund for the purpose of reducing the rate of taxation or reducing property taxes. The fund shall be invested as provided by law, and the interest earned shall be credited to the fund. The Legislature may not appropriate any money from the tax relief fund until the second fiscal year after Congress approves legislation giving states the authority to require retailers to collect South Dakota's sales and use tax. However, until that time, all moneys in the tax relief fund shall be transferred to the state general fund before the final day of each yearly quarter. "

And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1197 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1181 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 20 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1121 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 20 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 6 Introduced by: Senators Kloucek, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Dempster, Fryslie, Gant, Garnos, Heidepriem, Howie, Hunhoff (Jean), Jerstad, Knudson, Maher, Merchant, Miles, Nesselhuf, Olson (Russell), Peterson, Schmidt, Tieszen, and Vehle and Representatives Putnam, Blake, Bolin, Brunner, Carson, Curd, Cutler, Deadrick, Dennert, Elliott, Engels, Faehn, Fargen, Feickert, Frerichs, Gibson, Greenfield, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Lange, Lederman, Lucas, McLaughlin, Moser, Noem, Nygaard, Romkema, Russell, Schrempp, Sly, Solberg, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, and Verchio

A CONCURRENT RESOLUTION, Supporting certain health screening programs sponsored by the South Dakota Lions Foundation.

WHEREAS, the South Dakota Lions Foundation is a nonprofit organization that supports the charitable efforts of Lions clubs throughout South Dakota; and

WHEREAS, a primary goal of the South Dakota Lions Foundation is to create a permanent vehicle for the development and delivery of programs and services to the visually and hearing impaired; and

WHEREAS, the Lions Foundation is a partner to all ninety South Dakota Lions clubs and their communities in providing such services as matching assistance grants, over-the-ear hearing aids, diabetes support, eyeglass collection, and mobile screening units; and

WHEREAS, the Lions Foundation supports the Governor's reading program for blind and visually impaired children by creating incentive programs to promote achievement in reading; and

WHEREAS, the Lions Foundation is initiating a new project, Screening in a Better Way, as a new approach to providing early detection and prevention services to South Dakota citizens through community-based projects sponsored by local Lions clubs and the Foundation; and

WHEREAS, the Screening in a Better Way approach has the following goals: to hold an early detection project in every Lions club location annually, to connect those at risk with professional services, to identify those eligible for financial assistance, to encourage involvement in the work of Lions clubs, and to educate the public on good vision and hearing health; and

WHEREAS, the Screening in a Better Way program will provide a cost-effective tool to allow Lions clubs to leverage limited resources by partnering with local professionals and communities. The program will use a series of pilot projects in ten communities to analyze and refine the program for use in following years by all remaining South Dakota Lions clubs:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature applauds the efforts of the South Dakota Lions Foundation and South Dakota's Lions clubs and supports the Lions Foundation in the implementation of its Screening in a Better Way program.

Was read the first time, the President waived the referral to committee, and placed SCR 6 on the calendar of Tuesday, February 24, the 28^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Knudson moved that the word NOT be stricken from the report of the Committee on Appropriations on SB 117 as found on page 479 of the Senate Journal and that SB 117 be immediately reconsidered.

The question being on Sen. Knudson's motion that the word NOT be stricken from the report of the Committee on Appropriations on SB 117 and that SB 117 be immediately reconsidered.