75th Legislative Session -- 2000

Committee: House Taxation

Thursday, February 3, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Apa
P      Diedrich (Larry)
P      Garnos
P      Hanson
P      Jaspers
P      McIntyre
P      McNenny
P      Munson (Donald)
P      Nachtigal
P      Napoli
P      Waltman
E      Smidt, Vice-Chair
P      Koskan, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Koskan


MOTION:      TO APPROVE THE MINUTES OF February 1, 2000

Moved by:      Representative Jaspers
Second by:      Representative Garnos
Action:      Prevailed by voice vote.

          HB 1304:   revise certain provisions concerning the filing of tax returns and tax payments.

Presented by:      Representative Apa

MOTION:      TO TABLE HB 1304

Moved by:      Representative Apa
Second by:      Representative Diedrich (Larry)
Action:      Prevailed by roll call vote.   (7-2-4-0)



Voting yes:      Apa, Diedrich (Larry), Garnos, McIntyre, Nachtigal, Waltman, Koskan

Voting no:      Munson (Donald), Napoli

Excused:      Hanson, Jaspers, McNenny, Smidt

          HB 1205:   revise certain requirements for moving mobile homes or manufactured homes.

Presented by:      Representative Napoli
Proponents:      Rich Sattgast, Association of County Officials
          Sheila Anderson, Brown County Treasurer
          Janet Sayler, Pennington County Treasurer
          Steve Willard, SD Sheriff's Association
Opponents:      Jerry Biedenfeld, SD Manufactured Housing Association

MOTION:      AMEND HB 1205

1205fb

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

"      Section 1. That § 10-6-72 be amended to read as follows:

     10-6-72.   If a manufactured home has been assessed as real property and taxes are payable and the owner of the manufactured home plans to move, sell, transfer, or reassign the manufactured home before all the current taxes are paid, then the owner shall pay the current taxes in full, not on a pro rata basis. If a manufactured home has been assessed as real property and taxes are payable and the mobile home or manufactured home is repossessed, then the person repossessing the mobile home or manufactured home shall pay the current taxes in full before moving the mobile home or manufactured home. If the taxes are paid in full, the county treasurer shall issue an affidavit stating that the current year's taxes are paid.

     Section 2. That § 10-6-73 be amended to read as follows:

     10-6-73.   No property taxes are due on any may be levied on any mobile home or manufactured home in or sold from the inventory of any dealer as defined in subdivision 32-7A-1(2).

     Section 3. That § 32-5-16.3 be amended to read as follows:

     32-5-16.3.   Any person who moves a mobile home or manufactured home shall obtain a permit, as prescribed by the secretary of revenue, from the county treasurer where the home is located. The permit fee is valid for a single trip from the point of origin to a point of destination within the state. Before the county treasurer may issue a permit, the owner of the mobile home or manufactured home shall obtain an affidavit from the county treasurer stating that the current year's taxes are paid as

described in § §  10-6-70 to 10-6-72, inclusive, and §  10-6-73 or 10-9-3. The permit fee for mobile homes and manufactured homes for use on the public highways is fifteen dollars. The fees collected shall be credited to the license plate special revenue fund. The fee and permit imposed by this section does not apply to a new or used mobile home or manufactured home accompanied by a manufacturers statement of origin or a used mobile home accompanied with a notification form that is transported by a dealer licensed under chapter 32-7A. A violation of this section is a Class 2 misdemeanor. In addition to the criminal penalty imposed by this section, the person shall be assessed a civil penalty of two hundred fifty dollars for each offense.

     Section 4. That § 32-7A-11 be amended to read as follows:

     32-7A-11.   New and used mobile homes and manufactured homes accompanied by a manufacturers statement of origin and owned by a dealer may be transported upon the streets and highways to the dealer's place of business and to the purchaser of such a home and between a dealer's place of business and a supplemental lot or a temporary supplemental lot. Used mobile homes and manufactured homes owned by a dealer may be transported without a notification form, as prescribed by the secretary of revenue, upon the streets and highways from a dealer's place of business to a dealer's supplemental lot or a temporary supplemental lot. Any transport of a used mobile home or manufactured home by a dealer other than transport between a dealer's place of business to a supplemental lot or a temporary supplemental lot shall be accompanied with a permit notification form stating the point of origin and the point of destination pursuant to §  32-5-16.3 . The dealer shall provide a copy of the permit notification form to the director of equalization in the county of origin and to the director of equalization in the county of destination. "



Moved by:      Representative Napoli
Second by:      Representative Waltman
Action:      Was not acted on.

MOTION:      AMEND THE AMENDMENT

1205fc

     Amend the amendment (1205fb) by deleting sections 3 and 4.


Moved by:      Representative Munson (Donald)
Second by:      Representative Jaspers
Action:      Failed by roll call vote.   (6-6-1-0)

Voting yes:      Hanson, Jaspers, McIntyre, Munson (Donald), Nachtigal, Waltman

Voting no:      Apa, Diedrich (Larry), Garnos, McNenny, Napoli, Koskan

Excused:      Smidt

MOTION:      SUBSTITUTE MOTION AMEND THE AMENDMENT

1205fd

     Amend the amendment (1205fb) by making the following changes to sections 3 and 4.

In section 3:

Delete " manufacturers statement of origin or a used mobile home accompanied with a ".

Overstrike "Class 2" and insert " Class 1 ".

Delete " In addition to the criminal penalty imposed by this section, the person shall be assessed a civil penalty of two hundred fifty dollars for each offense. ".

In section 4:

Delete " accompanied by a manufacturers statement of origin and ".



Moved by:      Representative Apa
Second by:      Representative Napoli
Action:      Failed by roll call vote.   (4-8-1-0)

Voting yes:      Apa, McNenny, Napoli, Koskan

Voting no:      Diedrich (Larry), Garnos, Hanson, Jaspers, McIntyre, Munson (Donald), Nachtigal, Waltman

Excused:      Smidt

MOTION:      CALL THE QUESTION

Moved by:      Representative Napoli
Second by:      Representative Jaspers
Action:      Prevailed by voice vote.

MOTION:      AMEND THE AMENDMENT

1205fe

     Amend the amendment (1205fb) by making the following changes to sections 3 and 4.

In section 3:

Delete " manufacturers statement of origin or a used mobile home accompanied with a ".



In section 4:

Delete " accompanied by a manufacturers statement of origin and ".



Moved by:      Representative Napoli
Second by:      Representative Apa
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1205 (original)

1205fb

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

"      Section 1. That § 10-6-72 be amended to read as follows:

     10-6-72.   If a manufactured home has been assessed as real property and taxes are payable and the owner of the manufactured home plans to move, sell, transfer, or reassign the manufactured home before all the current taxes are paid, then the owner shall pay the current taxes in full, not on a pro rata basis. If a manufactured home has been assessed as real property and taxes are payable and the mobile home or manufactured home is repossessed, then the person repossessing the mobile home or manufactured home shall pay the current taxes in full before moving the mobile home or manufactured home. If the taxes are paid in full, the county treasurer shall issue an affidavit stating that the current year's taxes are paid.

     Section 2. That § 10-6-73 be amended to read as follows:

     10-6-73.   No property taxes are due on any may be levied on any mobile home or manufactured home in or sold from the inventory of any dealer as defined in subdivision 32-7A-1(2).

     Section 3. That § 32-5-16.3 be amended to read as follows:

     32-5-16.3.   Any person who moves a mobile home or manufactured home shall obtain a permit, as prescribed by the secretary of revenue, from the county treasurer where the home is located. The permit fee is valid for a single trip from the point of origin to a point of destination within the state. Before the county treasurer may issue a permit, the owner of the mobile home or manufactured home shall obtain an affidavit from the county treasurer stating that the current year's taxes are paid as described in § §  10-6-70 to 10-6-72, inclusive, and §  10-6-73 or 10-9-3. The permit fee for mobile homes and manufactured homes for use on the public highways is fifteen dollars. The fees collected shall be credited to the license plate special revenue fund. The fee and permit imposed by this section does not apply to a new or used mobile home or manufactured home accompanied by a manufacturers statement of origin or a used mobile home accompanied with a notification form that is transported by a dealer licensed under chapter 32-7A. A violation of this section is a Class 2 misdemeanor. In addition to the criminal penalty imposed by this section, the person shall be assessed a civil penalty of two hundred fifty dollars for each offense.



     Section 4. That § 32-7A-11 be amended to read as follows:

     32-7A-11.   New and used mobile homes and manufactured homes accompanied by a manufacturers statement of origin and owned by a dealer may be transported upon the streets and highways to the dealer's place of business and to the purchaser of such a home and between a dealer's place of business and a supplemental lot or a temporary supplemental lot. Used mobile homes and manufactured homes owned by a dealer may be transported without a notification form, as prescribed by the secretary of revenue, upon the streets and highways from a dealer's place of business to a dealer's supplemental lot or a temporary supplemental lot. Any transport of a used mobile home or manufactured home by a dealer other than transport between a dealer's place of business to a supplemental lot or a temporary supplemental lot shall be accompanied with a permit notification form stating the point of origin and the point of destination pursuant to §  32-5-16.3 . The dealer shall provide a copy of the permit notification form to the director of equalization in the county of origin and to the director of equalization in the county of destination. "



Moved by:      Representative Napoli
Second by:      Representative Waltman
Action:      Failed by voice vote.

MOTION:      DEFER HB 1205 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Napoli
Second by:      Representative Diedrich (Larry)
Action:      Prevailed by roll call vote.   (9-3-1-0)

Voting yes:      Diedrich (Larry), Garnos, Hanson, Jaspers, McIntyre, McNenny, Munson (Donald), Nachtigal, Napoli

Voting no:      Apa, Waltman, Koskan

Excused:      Smidt

          HB 1005:   use agricultural income value to determine the value of agricultural land and to conduct a pilot study on agricultural income value.

Presented by:      Representative McNenny
Proponents:      Representative Lintz

MOTION:      AMEND HB 1005

1005fc

     On page 1 , line 14 of the printed bill , delete " crop " .

     On page 1 , line 14 , delete " , cash rent, or a combination " and insert " and " .

     On page 1 , line 15 , delete " thereof " .

     On page 1 , line 15 , delete " crop " .

     On page 1 , line 16 , delete " crop " .

     On page 1 , line 16 , delete " or cash " .

     On page 1 , line 16 , after " basis. " insert " The capacity of the cropland to produce agricultural products shall be based on average yields for crops or plants under natural conditions. The capacity of noncropland to produce agricultural products shall be based on average acres per animal unit under natural conditions. " .

     On page 2 , line 17 , delete " defined in §  10-6-33.2 " and insert " specified in section 2 of this Act " .

     On page 2 , line 19 , after " The " insert " location, size, " .

     On page 3 , line 10 , after " divided " insert " by the director of equalization " .

     On page 3 , line 13 , delete " Agricultural Soil Conservation Service. Land enrolled in a federal or state " and insert " Agriculture Natural Resources Conservation Service. " .

     On page 3 , delete lines 14 and 15 .

     On page 7 , line 23 , after " land. " insert " The pilot study shall include an analysis of various capitalization rates and determine the impact of such rates on the total statewide assessed value of agricultural property and its relationship to the total statewide assessed value of all property. " .

     On page 7 , line 24 , delete " Codington " and insert " Clark " .

     On page 7 , line 24 , delete " Hand, Tripp " and insert " Hyde, Lyman " .

     On page 8 , line 2 , delete everything after " to the " and insert " Executive Board of the Legislative Research Council by March 31, 2001. The Executive Board of the Legislative Research Council, after receipt of the pilot study, may implement an interim study to study the effects of the capitalization rate, preventing a tax shift between agricultural and nonagricultural property, and to evaluate the procedures used to determine agricultural income values, preventing tax shifts within agricultural property. " .

     On page 8 , delete line 3 .


Moved by:      Representative McNenny
Second by:      Representative Diedrich (Larry)
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1005

1005fa

     On page 7 , line 21 of the printed bill , delete " on July 1, 2002 " and insert " only for the purpose of conducting the pilot study provided in Section 22 of this Act " .


Moved by:      Representative Napoli
Second by:      Representative Apa
Action:      Failed by roll call vote.   (3-9-1-0)

Voting yes:      Apa, Munson (Donald), Napoli

Voting no:      Diedrich (Larry), Garnos, Hanson, Jaspers, McIntyre, McNenny, Nachtigal, Waltman, Koskan

Excused:      Smidt

MOTION:      DO PASS HB 1005 AS AMENDED

Moved by:      Representative Waltman
Second by:      Representative McIntyre
Action:      Prevailed by roll call vote.   (10-2-1-0)

Voting yes:      Diedrich (Larry), Garnos, Hanson, Jaspers, McIntyre, McNenny, Munson (Donald), Nachtigal, Waltman, Koskan

Voting no:      Apa, Napoli

Excused:      Smidt

          HB 1006:   appropriate money for a pilot study concerning the use of agricultural income value as a means to value agricultural land and to declare an emergency.

Presented by:      Representative McNenny

MOTION:      DO PASS HB 1006

Moved by:      Representative Diedrich (Larry)
Second by:      Representative Jaspers
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Apa, Diedrich (Larry), Garnos, Hanson, Jaspers, McIntyre, McNenny, Munson (Donald), Nachtigal, Napoli, Waltman, Koskan

Excused:      Smidt

MOTION:      ADJOURN

Moved by:      Representative Jaspers
Second by:      Representative Hanson
Action:      Prevailed by voice vote.



Fran Berendes

_________________________________

Committee Secretary
John Koskan, Chair


../02030745.HTA    Page 1