84
th Legislative Session _ 2009
4ya
On the Senate engrossed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
10-6-33.35
be amended to read as follows:
10-6-33.35.
There is hereby established the Agricultural Land Assessment Implementation and
Oversight Advisory Task Force. The task force shall consist of the following fourteen members:
(1)
The speaker of the House of Representatives shall appoint four members of the House of
Representatives, no more than two of whom may be from one political party;
(2)
The speaker of the House of Representatives shall appoint three members of the general
public, at least one of the members shall have an agricultural background and at least one
of the members shall have a business background;
(3)
The president pro tempore of the Senate shall appoint four members of the Senate, no
more than two of whom may be from one political party; and
(4)
The president pro tempore of the Senate shall appoint three members of the general
public, at least one of the members shall have an agricultural background and at least one
of the members shall have a business background.
The initial appointments shall be made no later than July 1, 2008, and shall serve until January
12, 2009. The speaker of the House of Representatives and president pro tempore of the Senate
before the close of each regular session of the Legislature held in odd-numbered years shall appoint
members to the task force for a term of two years. If there is a vacancy on the task force, the vacancy
shall be filled in the same manner as the original appointment.
The task force shall advise the department regarding the rules promulgated by the department
to administer the provisions concerning the assessment and taxation of agricultural lands and shall
review the implementation of the provisions of law concerning the assessment and taxation of
agricultural land. The task force shall report to the Senate and House of Representatives and may
submit a copy of its report to the Governor. The task force may present draft legislation and policy
recommendations to the Legislative Research Council Executive Board.
The task force shall make recommendations in the following areas:
(1)
The proper percentage of annual earning capacity to be used to determine the agricultural
income value pursuant to § 10-6-33.28;
and
(2)
The proper capitalization rate in order to have total taxable valuation for the taxes payable
in 2011 from agricultural property be not more than total taxable valuation for the taxes
payable in 2010 from agricultural property plus the estimated growth in agricultural
property value in 2010
;
(3) The changes, if any, that must be made to
§
§
13-10-6, 13-16-7, 13-37-16, and 13-37-35.1
to ensure that the total amount of additional taxes that may be generated on agricultural
land by a school district pursuant to the provisions of
§
§
13-10-6, 13-16-7, 13-37-16, and
13-37-35.1 will not provide a substantial property tax revenue increase for the school
district pursuant to the implementation of the productivity system pursuant to
§
§
10-6-
33.28 to 10-6-33.33, inclusive; and
(4) The changes, if any, that must be made to
§
§
13-10-6, 13-16-7, 13-37-16, and 13-37-35.1
to ensure that the total amount of property taxes that may be lost on agricultural land by
a school district pursuant to the provisions of
§
§
13-10-6, 13-16-7, 13-37-16, and 13-37-
35.1 will not provide a substantial property tax revenue decrease for the school district
pursuant to the implementation of the productivity system pursuant to
§
§
10-6-33.28 to
10-6-33.33, inclusive
.
"
Moved by: Noem
Second by: Juhnke
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 4 AS AMENDED
Moved by: Noem
Second by: Juhnke
Action: Prevailed by roll call vote. (13-0-2-0)
Voting Yes: Feickert, Gibson, Greenfield, Hunhoff (Bernie), Juhnke, Kirkeby, Kirschman, Lange,
Lederman, Noem, Solum, Thompson, Olson (Ryan)
Excused: Cutler, Russell
MOTION:
AMEND TITLE OF SB 4
4yta
On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert
"provide for additional responsibilities to the Agricultural Land Assessment Implementation and
Oversight Advisory Task Force.".
On page 1, delete line 2.
Moved by: Noem
Second by: Juhnke
Action: Prevailed by voice vote.
SB 149: revise certain provisions regarding the general fund levies of school districts.
Presented by: Representative Ryan Olson
Senator Tom Hansen
Proponents: David Owen, Chamber of Commerce & Industry (Handouts: #2)
Shawn Lyons, Retailers Association
Michael Kenyon, Department of Revenue and Regulation
Michael Held, Farm Bureau
Opponents: Senator Stanford Adelstein
MOTION:
DO PASS SB 149
Moved by: Greenfield
Second by: Hunhoff (Bernie)
Action: Prevailed by roll call vote. (12-1-2-0)
Voting Yes: Feickert, Gibson, Greenfield, Hunhoff (Bernie), Juhnke, Kirkeby, Kirschman,
Lederman, Russell, Solum, Thompson, Olson (Ryan)
Voting No: Lange
Excused: Cutler, Noem
SB 42: impose the sales tax on the gross receipts derived from renting mini-storage
units, self-storage units, or storage space and the use tax on the use of mini-storage
units, self-storage units, or storage space.
Presented by: Andrew Fergel, Department of Revenue & Regulation (Handouts: #3)
Opponents: Matt Staab, Self, Brandon
Milton Stromer, Self, Rapid City
THE CHAIR DEFERRED SB 42 UNTIL FRIDAY, MARCH 6, 2009.
MOTION:
ADJOURN
Moved by: Kirkeby
Second by: Feickert
Action: Prevailed by voice vote.
Linda Daugaard
____________________________
Committee SecretaryRyan P. Olson, Chair