76th Legislative Session _ 2001

Committee: Senate Taxation
Wednesday, February 14, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    de Hueck
P    Diedrich (Larry)
P    Koetzle
E    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 SUSPEND THE RULES FOR THE CALENDERING OF BILLS.

Moved by:    Bogue
Second by:    Koetzle
Action:    Prevailed by roll call vote.(6-0-3-0)

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

Excused:    de Hueck, McCracken, Moore

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

Presented By:    Senator Staggers

MOTION:     DEFER SB 227 TO THE 41ST LEGISLATIVE DAY



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

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

Voting No:    Staggers

Excused:    de Hueck, McCracken, Moore

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

Presented By:    Dick Gregerson, SD Auto Dealers Association
Proponents:    Deb Hilmer, Division of Motor Vehicles

MOTION:     DO PASS HB 1223

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

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

Voting No:    Staggers

Excused:    de Hueck, McCracken

         HB 1254: revise how the motor vehicle excise tax is applied to certain vehicles.

Presented By:    Representative Jensen
Proponents:    Brenda Forman, SD Association of Cooperatives
         Kathy Zander, SD Agri-business Association
         Deb Hilmer, Division of Motor Vehicles
         Roxanne Rice, Department of Transportation
         Dick Gregerson, SD Auto Dealers Association

MOTION:     DO PASS HB 1254

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

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

Excused:    McCracken

MOTION:     PLACE HB 1254 ON CONSENT

Moved by:    Bogue
Second by:    Moore
Action:    Prevailed by voice vote.

** The Chair turned the gavel over to Senator Bogue.
        
         SB 166: repeal the sales and use tax on farm machinery, farm attachment units, and irrigation equipment and to increase the school district general fund levy for agricultural property.
                                    
         MOTION:    RECONSIDER AND IMMEDIATELY CALENDAR SB 166

Moved by:    Hainje
Second by:    Diedrich (Larry)
Action:    Prevailed by roll call vote.(8-0-1-0)

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

Excused:    McCracken

MOTION:     AMEND SB 166

166fa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. There is established the Streamlined Sales Tax Project Task Force. The task force shall study the final report of the Streamlined Sales Tax Project to determine how the requirements found in the report impact the sales and use tax laws of South Dakota. The study shall include an analysis on the how the requirements found in the report will impact the businesses and citizens of South Dakota. The task force shall report its findings to the Legislature and Governor by December 1, 2001. The task force shall have fifteen members. The Executive Board of the Legislative Research Council shall appoint seven members of the South Dakota Legislature to serve on the task force. The Governor shall appoint two people representing the South Dakota Retailer's Association, two people representing the South Dakota Industry and Commerce Association, two people representing the

South Dakota Municipal League, and two people representing the Department of Revenue to the task force.

     Section 2. There is hereby appropriated from the general fund the sum of twenty thousand dollars ($20,000), or so much thereof as may be necessary, to the Executive Board of the Legislative Research Council for the purpose of the task force authorized by section 1 of this Act.

     Section 3. The director of the Legislative Research Council shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2002, shall revert in accordance with §  4-8-21.

     Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


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

MOTION:     DO PASS SB 166 AS AMENDED

Moved by:    Diedrich (Larry)
Second by:    Moore
Action:    Prevailed by roll call vote.(5-2-2-0)

Voting Yes:    Diedrich (Larry), McIntyre, Moore, Bogue, Hainje

Voting No:    Koetzle, Staggers

Excused:    de Hueck, McCracken

MOTION:     TO AMEND TITLE OF SB 166

166fta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "provide for a Streamlined Sales Tax Project Task Force, to make an appropriation therefor, and to declare an emergency.".

     On page 1 , delete lines 2 and 3 .

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

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

Presented By:    Representative Lange

MOTION:     AMEND HB 1216

1216ra
     On page 1, line 6 of the printed bill, overstrike " auditor " and insert " county director of equalization ".

     On page 1 , line 10, delete " the second and third year of " .

Moved by:    Moore
Second by:    Hainje
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1216 AS AMENDED

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

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

Excused:    de Hueck, McCracken

MOTION:     PLACE HB 1216 ON CONSENT

Moved by:    Moore
Second by:    Hainje
Action:    Prevailed by voice vote.

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



Presented By:    Senator de Hueck

MOTION:     DEFER SB 177 TO THE 41ST LEGISLATIVE DAY

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

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

Voting No:    McIntyre

Excused:    McCracken

MOTION:     ADJOURN

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

Ryan Olson

____________________________

Committee Secretary
Dick Hainje, Chair


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