74th Legislative Session -- 1999

Committee: Senate Taxation

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Albers
P      Brown (Arnold)
P      Daugaard
P      Flowers
P      Moore
P      Olson
P      Valandra
P      Brosz, Vice-Chair
P      Paisley, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Brosz-Vice Chair

MOTION:      TO APPROVE THE MINUTES OF February 5, 1999

Moved by:      Senator Olson
Second by:      Senator Brown (Arnold)
Action:      Prevailed by voice vote.

          HB 1023:   revise certain dates pertaining to references to the Internal Revenue Code.

Proponents:      Jim Fry, Department of Revenue

MOTION:      DO PASS HB 1023

Moved by:      Senator Olson
Second by:      Senator Brown (Arnold)
Action:      Prevailed by roll call vote.   (7-0-2-0)

Voting yes:      Albers, Brown (Arnold), Daugaard, Flowers, Moore, Olson, Brosz

Excused:      Valandra, Paisley

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MOTION:      PLACE HB 1023 ON CONSENT

Moved by:      Senator Brown (Arnold)
Second by:      Senator Moore
Action:      Prevailed by voice vote.

          SB 177:   require the Department of Revenue to conduct a pilot program granting limited access to certain secured parties concerning liens and to provide rule making authority to implement the pilot program.

Proponents:      Bob Sutton, South Dakota Bankers Association

MOTION:      AMEND SB 177

f-177

     On page 1 , line 7 of the printed bill , after " liens " insert " as defined in chapters 32-3 and 32-3A " .

Moved by:      Senator Olson
Second by:      Senator Moore
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 177 AS AMENDED

Moved by:      Senator Albers
Second by:      Senator Flowers
Action:      Prevailed by roll call vote.   (8-0-1-0)

Voting yes:      Albers, Brown (Arnold), Daugaard, Flowers, Moore, Olson, Valandra, Brosz

Excused:      Paisley

The gavel was turned over to Senator Paisley - Chair

          SB 184:   revise the procedure for applying the index factor to the amount of revenue payable from taxes on real property within a taxing district.

Proponents:      Senator Brosz
          Dick Howard, SD Association of County Commissioners
          Ron Baumgart, Hughes County Commissioner
        Wally Larson, Hughes County Commissioner

Opponents:      Jim Fry, Department of Revenue

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MOTION:      DO PASS SB 184

Moved by:      Senator Brown (Arnold)
Second by:      Senator Albers
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 184 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Moore
Second by:      Senator Olson
Action:      Failed by roll call vote.   (4-5-0-0)

Voting yes:      Flowers, Moore, Olson, Paisley

Voting no:      Albers, Brown (Arnold), Daugaard, Valandra, Brosz

MOTION:      DO PASS SB 184

Moved by:      Senator Brown (Arnold)
Second by:      Senator Albers
Action:      Prevailed by roll call vote.   (5-4-0-0)

Voting yes:      Albers, Brown (Arnold), Daugaard, Valandra, Brosz

Voting no:      Flowers, Moore, Olson, Paisley

          SB 205:   revise the procedure for establishing the tax levy for a school district sending students to an adjoining school district.

Proponents:      Senator Duxbury
          Gene Enk, Executive Director, Associated School Boards of South Dakota

Opponents:      Todd Vik, Department of Education & Cultural Affairs
          Jim Fry, Department of Revenue

MOTION:      AMEND SB 205

f-205a

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

"
     Section 1. That § 13-11-10 be amended by adding a new subdivision to read as follows:

---

             (5)    The sum of the levies assessed for all funds, except the bond redemption fund, in the sending district shall be equal to or greater than the sum of all levies for all funds, except the bond redemption fund, in the receiving district. "

Moved by:      Senator Olson
Second by:      Senator Flowers
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND THE AMENDMENT

f-205

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

"
     Section 1. That § 13-11-10 be amended by adding a new subdivision to read as follows:

             (5)    The sum of the levies assessed for all funds in the sending district shall be equal to or greater than the sum of all levies for all funds in the receiving district. "

Moved by:      Senator Daugaard
Second by:      Senator Brown (Arnold)
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 205 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Brown (Arnold)
Action:      Prevailed by roll call vote.   (9-0-0-0)

Voting yes:      Albers, Brown (Arnold), Daugaard, Flowers, Moore, Olson, Valandra, Brosz, Paisley

MOTION:      ADJOURN

Moved by:      Senator Brown (Arnold)
Second by:      Senator Olson
Action:      Prevailed by voice vote.

Cynthia L. Mercer

Committee Secretary