76th Legislative Session _ 2001

Committee: Senate Taxation
Monday, February 12, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    de Hueck
P    Diedrich (Larry)
P    Koetzle
P    McCracken
P    McIntyre
P    Moore
P    Staggers
P    Bogue, Vice-Chair
P    Hainje, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Hainje

MOTION:     TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

Moved by:    Koetzle
Second by:    Staggers
Action:    Prevailed by voice vote.

         SB 200: provide for the taxation of severed mineral interests.

Presented By:    Senator Olson (Handouts A, B)
Opponents:    Rich Sattgast, SD Association of County Officials (Handout C)
         Diana Miller, SD Quarry Association and SD Mining Association
         Larry Mann, Homestake Mine
    
        

MOTION:    DEFER SB 200 TO THE 41ST LEGISLATIVE DAY


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

Voting Yes:    Diedrich (Larry), Koetzle, McCracken, McIntyre, Staggers, Bogue, Hainje

Voting No:    de Hueck, Moore

         SB 179: revise the appeal procedure concerning the factor used for valuing agricultural and nonagricultural property.

Presented By:    Senator de Hueck

MOTION:     AMEND SB 179

179fa
     On page 1, after line 10 of the printed bill, insert:

"      Section 2. That § 10-13-37.1 be amended to read as follows:

     10-13-37.1.   For purposes of § §   10-3-41, 10-12-31.1, and 10-13-37, the secretary of revenue shall calculate a factor for each county for the agricultural and nonagricultural valuations. The factor shall be calculated by using the sales of arms-length transactions and the assessments from the preceding assessment year. The secretary shall take into consideration any reappraisals completed by the director of equalization. If there are less than fifteen sales of either class, the secretary shall use the preceding year's sales of that class with current assessments. In the case of agricultural land, sales may also be bridged in from adjoining counties if there are less than fifteen sales. The secretary of revenue shall calculate all factors pursuant to this section no later than March first.

     Section 3. That § 10-11-43 be amended to read as follows:

     10-11-43.   An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to the appeal and interveners before the Office of Hearing Examiners. The appeal shall be taken and conducted pursuant to the provisions of chapter 1-26.

     The venue of the appeal shall be in the circuit court for the county in which the property subject to the appeal is situated. The venue of appeals taken from 10-13-37.2 shall be in either the county in which the property subject to the appeal is situated or to the circuit court for Hughes County, as the appellant may elect. ".

Moved by:    de Hueck
Second by:    Moore


Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 179 AS AMENDED

Moved by:    Moore
Second by:    de Hueck
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    de Hueck, Diedrich (Larry), Koetzle, McCracken, McIntyre, Moore, Staggers, Bogue, Hainje

MOTION:     PLACE SB 179 ON CONSENT

Moved by:    de Hueck
Second by:    Diedrich (Larry)
Action:    Prevailed by voice vote.

         SB 230: revise the distribution of certain sales tax revenues.

Presented By:    Senator Reedy (Handout D, E)

** Comments were made by Scott Peterson, Department of Revenue.

MOTION:     DEFER SB 230 TO THE 41ST LEGISLATIVE DAY

Moved by:    Diedrich (Larry)
Second by:    McCracken
Action:    Prevailed by roll call vote.(5-3-1-0)

Voting Yes:    Diedrich (Larry), McCracken, Staggers, Bogue, Hainje

Voting No:    Koetzle, McIntyre, Moore

Excused:    de Hueck

         SB 138: provide for a capital outlay fund for rural fire protection districts.

** The sponsor requested that the bill be tabled or deferred.

MOTION:    TO TABLE SB 138

Moved by:    Bogue


Second by:    Diedrich (Larry)
Action:    Prevailed by roll call vote.(7-1-1-0)

Voting Yes:    Diedrich (Larry), Koetzle, McCracken, McIntyre, Staggers, Bogue, Hainje

Voting No:    Moore

Excused:    de Hueck

         SB 227: provide for collection of data and information concerning electronic commerce.

Presented By:    Senator Staggers
Opponents:    Gary Viken, Department of Revenue

MOTION:     DEFER SB 227 TO THE 41ST LEGISLATIVE DAY

Moved by:    McCracken
Second by:    Bogue
Action:    Withdrawn

The Chair deferred SB 227 until February, 14th.

         SB 197: create a classification for owner-operated farm property and class 2 agricultural property, to establish a maximum property tax levy for class 2 agricultural property for the general fund of a school district, and to repeal the classification for nonagricultural acreage.

Presented By:    Senator Hutmacher
Opponents:    Paul Kinsman, Department of Revenue

MOTION:     DEFER SB 197 TO THE 41ST LEGISLATIVE DAY

Moved by:    Diedrich (Larry)
Second by:    Bogue
Action:    Prevailed by roll call vote.(6-2-1-0)

Voting Yes:    Diedrich (Larry), McCracken, Moore, Staggers, Bogue, Hainje

Voting No:    Koetzle, McIntyre

Excused:    de Hueck

         SB 177: impose an excise tax on the gross receipts of wireless, cellular, and personal communications system telephone companies.

Proponents:    Dick Howard, SD County Commissioners Association
Opponents:    Dennis Duncan, Verizon Wireless
         Lorin Pankratz, Western Wireless

The Chair deferred SB 177 until February 14th.

         HB 1127: modify the procedure for the remittance of the 911 surcharge.

Presented By:    Representative Duenwald
Proponents:    Dick Howard, SD County Commissioners Association

MOTION:     DO PASS HB 1127

Moved by:    Diedrich (Larry)
Second by:    McIntyre
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    de Hueck, Diedrich (Larry), Koetzle, McCracken, McIntyre, Moore, Staggers, Bogue, Hainje

MOTION:     PLACE HB 1127 ON CONSENT

Moved by:    Moore
Second by:    de Hueck
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    McCracken
Second by:    de Hueck
Action:    Prevailed by voice vote.

Ryan Olson

____________________________

Committee Secretary
Dick Hainje, Chair


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