76th Legislative Session _ 2001

Committee: House Taxation
Thursday, February 08, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Flowers
P    Frost
P    Garnos
P    Hennies (Don)
P    Hundstad
P    Koistinen
P    Nachtigal
P    Napoli
P    Peterson (Jim)
P    Slaughter
P    Teupel
P    Van Etten
P    Wick
P    Jaspers, Vice-Chair
P    Brown (Richard), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Richard Brown, Chair

MOTION:     TO APPROVE THE MINUTES OF 02-06-01

Moved by:    Hennies (Don)
Second by:    Hundstad
Action:    Prevailed by voice vote.

         HB 1245: revise the provisions concerning the licensing, assessment, and taxation of manufactured homes.

Proponents:    Representative Bill Napoli


        Richard Sattgast, SD County Officials Association
Opponents:    Jerry Vogeler, SD Manufactured Homes Association
        Gary Viken, South Dakota Department of Revenue

MOTION:     AMEND HB 1245

1245fb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. 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 or regulated lender as defined in §   54-3-14 that is repossessing the mobile home or manufactured home shall obtain an affidavit, as prescribed by the secretary of revenue, from the county treasurer stating that the current year's taxes are paid as described in § §   10-21-36 to 10-21-39, inclusive, 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 transported by or for a dealer licensed under chapter 32-7A. A violation of this section is a Class 2 misdemeanor.

     Section 2. That § 32-5-16.4 be amended to read as follows:

     32-5-16.4.   Any transport of a used mobile home or manufactured home by a transporter shall be accompanied with a notification form, as prescribed by the secretary of revenue, stating the point of origin and the point of destination. The transporter shall provide a copy of the notification form to the director of equalization in the county of origin and the county of destination. This section does not apply to any transport regulated under chapter 32-7A. A violation of this section is a Class 2 misdemeanor.

     Section 3. That § 32-5-16.5 be amended to read as follows:

     32-5-16.5.   Any transport of a used mobile home or manufactured home by a transporter shall be accompanied with an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in § §   10-6-70 to 10-6-73, inclusive, or §   10-9-3. This section does not apply to any transport regulated under chapter 32-7A. A violation of this section is a Class 2 misdemeanor.

     Section 4. That § 32-5-16.6 be amended to read as follows:



     32-5-16.6.   If the owner of the used mobile home or manufactured home fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in § §   10-6-70 to 10-6-73, inclusive, or §   10-9-3, the court shall assess a civil penalty of two hundred fifty one thousand dollars to the owner. If a transporter of a used mobile home or manufactured home fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in § §  10-6-70 to 10-6-73, inclusive, or 10-9-3, the court shall assess a civil penalty of one thousand dollars to the transporter. If a regulated lender, as defined in §   54-3-14, is repossessing a used mobile home or manufactured home and fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in § §   10-6-70 to 10-6-73, inclusive, or §   10-9-3, the court shall assess a civil penalty of two hundred fifty one thousand dollars to the lender. All civil penalties collected pursuant to this section shall be deposited in the county general fund of the county in which the used mobile home or manufactured home is registered. "

Moved by:    Flowers
Second by:    Van Etten
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1245 AS AMENDED

Moved by:    Van Etten
Second by:    Napoli
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1245 TO THE 41ST LEGISLATIVE DAY

Moved by:    Wick
Second by:    Hundstad
Action:    Prevailed by roll call vote.(10-5-0-0)

Voting Yes:    Flowers, Frost, Garnos, Hundstad, Nachtigal, Peterson (Jim), Teupel, Wick, Jaspers, Brown (Richard)

Voting No:    Hennies (Don), Koistinen, Napoli, Slaughter, Van Etten

         HB 1186: exempt certain residential utilities from sales and use tax and to declare an emergency.

Presented By:    Representative Charles Flowers


Proponents:    Pam Nelson, SD PUC
        Rosemary Quigley, Catholic Diocese, Sioux Falls
Opponents:    Scott Peterson, South Dakota Department of Revenue

MOTION:     AMEND HB 1186

1186fb
     On page 1, line 7 of the printed bill, delete " heating of " .

     On page 2 , line 5, delete " heating of " .

     On page 2 , between lines 12 and 13, insert:

"      Section 5. Notwithstanding the effective date of this Act, if the retailer's billing cycle does not exceed thirty-one days, the goods and services exempted by this Act shall apply to the first bill rendered following the effective date of this Act and the exemption shall apply to all of the goods and services exempted by this Act included in that billing.".


Moved by:    Napoli
Second by:    Flowers
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1186 TO THE 41ST LEGISLATIVE DAY

Moved by:    Frost
Second by:    Wick
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION REFER HB 1186 AS AMENDED TO APPROPRIATIONS

Moved by:    Flowers
Second by:    Hundstad
Action:    Failed by roll call vote.(4-10-1-0)

Voting Yes:    Flowers, Hundstad, Nachtigal, Peterson (Jim)

Voting No:    Frost, Garnos, Hennies (Don), Koistinen, Napoli, Slaughter, Teupel, Van Etten, Wick, Jaspers

Excused:    Brown (Richard)



MOTION:     SUBSTITUTE MOTION TO TABLE HB 1186

Moved by:    Napoli
Second by:    Garnos
Action:    Prevailed by roll call vote.(10-4-1-0)

Voting Yes:    Frost, Garnos, Hennies (Don), Koistinen, Napoli, Slaughter, Teupel, Van Etten, Wick, Jaspers

Voting No:    Flowers, Hundstad, Nachtigal, Peterson (Jim)

Excused:    Brown (Richard)

         HB 1216: revise the procedure for filing for a property tax credit for renewable resource energy systems.

Presented By:    Representative Gerald Lange

MOTION:     DO PASS HB 1216

Moved by:    Flowers
Second by:    Van Etten
Action:    Prevailed by roll call vote.(10-4-1-0)

Voting Yes:    Flowers, Hennies (Don), Hundstad, Nachtigal, Peterson (Jim), Slaughter, Teupel, Van Etten, Wick, Jaspers

Voting No:    Frost, Garnos, Koistinen, Napoli

Excused:    Brown (Richard)

         HB 1223: clarify how the motor vehicle excise tax is calculated on certain leased vehicles.

Presented By:    Dick Gregerson, SD Auto Dealers
Proponents:    Debra Hillmer, South Dakota Department of Revenue

MOTION:     DO PASS HB 1223

Moved by:    Napoli
Second by:    Van Etten
Action:    Prevailed by roll call vote.(15-0-0-0)

Voting Yes:    Flowers, Frost, Garnos, Hennies (Don), Hundstad, Koistinen, Nachtigal, Napoli, Peterson (Jim), Slaughter, Teupel, Van Etten, Wick, Jaspers, Brown (Richard)

MOTION:     PLACE HB 1223 ON CONSENT

Moved by:    Napoli
Second by:    Brown (Richard)
Action:    Failed by voice vote.

MOTION:     ADJOURN

Moved by:    Hennies (Don)
Second by:    Jaspers
Action:    Prevailed by voice vote.

Dawn Magee

____________________________

Committee Secretary
Richard “Dick” E. Brown, Chair


../02080730.HTA
Page 1