84th Legislative Session _ 2009

Committee: Senate State Affairs
Monday, March 02, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
Y    Abdallah
Y    Gray, Vice-Chair
Y    Hanson (Gary)
Y    Heidepriem
Y    Knudson
Y    Olson (Russell)
Y    Rhoden
E    Turbak Berry
Y    Dempster, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Thomas A. Dempster, Chair.

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 25, 2009

Moved by:    Gray
Second by:    Hanson (Gary)
Action:    Prevailed by voice vote.

         HB 1009: require certain tax refund claims for construction projects and certain documents and records in support of tax refund claims for construction projects to be filed within certain time periods.

Presented by:    Jan Talley, Department of Revenue and Regulation

MOTION:     DO PASS HB 1009

Moved by:    Gray
Second by:    Olson (Russell)

Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

MOTION:     PLACE HB 1009 ON CONSENT CALENDAR

Moved by:    Gray
Second by:    Olson (Russell)
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:    Senator Thomas Nelson
        Lorin Pankratz, Deadwood Economic Development

MOTION:     DO PASS HB 1251

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

         HB 1129: ensure the integrity of pipelines to be used for the transportation of carbon dioxide for the purpose of enhanced oil recovery or geologic carbon sequestration.

Presented by:    Representative Eldon Nygaard
Proponents:    Hunter Roberts, Department of Tourism and State Development
        Steve Kolbeck, Public Utilities Commission
        Christopher VandeVenter, Basin Electric Power Coop. (Handout: 1)

MOTION:     DO PASS HB 1129

Moved by:    Gray
Second by:    Rhoden
Action:    Prevailed by roll call vote. (7-0-2-0)

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Olson (Russell), Rhoden, Dempster

Excused:    Knudson, Turbak Berry

MOTION:     PLACE HB 1129 ON CONSENT CALENDAR

Moved by:    Gray
Second by:    Rhoden
Action:    Prevailed by voice vote.

         HB 1276: revise certain provisions regarding the application for tax refunds for the construction of certain agricultural processing and new business facilities.

Presented by:    Brett Koenecke, Iberdrola Renewables
Proponents:    David Wiest, Department of Revenue and Regulation (Handout: 2)

MOTION:     AMEND HB 1276

1276oa

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

     "      Section 1. That § 10-45B-1.1 be amended to read as follows:

     10-45B-1.1.   For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

             (1)      Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

             (2)      Used predominantly for residential housing or transient lodging;

             (3)      Used predominantly to provide health care services; or

             (4)      That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts ; or
             (5)    That is a pipeline, railroad, power transmission line, or other linear conveyance or transmission facility .

     Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of section 1 of this Act do not apply to any project where the permit is granted by the department and construction date of the project occurs before July 1, 2009."


Moved by:    Knudson (Handout:3)
Second by:    Heidepriem
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1276

1276ob
    
     On the previously adopted amendment (1276oa), after section 2, insert the following:

"      Section 3. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     The name of any person or entity that receives a refund or credit of sales, use, or contractors excise tax pursuant to this chapter and the amount of any such refund or credit is public information and shall be available and open to public inspection as provided in §  1-27-1."


Moved by:    Gray
Second by:    Abdallah
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1276 AS AMENDED

Moved by:    Heidepriem
Second by:    Knudson
Action:    Prevailed by roll call vote. (6-2-1-0)

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Dempster

Voting No:    Olson (Russell), Rhoden
Excused:    Turbak Berry

 MOTION:     AMEND TITLE OF HB 1276

1276ota

     On page 1, line 1, of the House engrossed bill, delete everything after "the" and insert "eligibility for refunds of sales and use tax and contractor's excise tax and to require that certain information related to such refunds be public information.".

     On page 1, delete lines 2 and 3.


Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by voice vote.

 MOTION:     ADJOURN

Moved by:    Gray
Second by:    Abdallah
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary
Thomas A. Dempster, Chair