77th Legislative Session _ 2002

Committee: Senate Taxation
Friday, January 18, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

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

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Bogue.

MOTION:     TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

Moved by:    McCracken
Second by:    Koskan
Action:    Prevailed by voice vote.

         SB 34: remove the exemption for certain tax liability on bonds issued by the Agriculture and Business Development Authority.

Presented By:    Paul Kinsman, Department of Revenue

MOTION:     DO PASS SB 34

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

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

Voting No:    Staggers



         SB 36: impose a sales and use tax on mobile telecommunications services and to implement the federal uniform and simplified sourcing rules for mobile telecommunications services.

Presented By:    Scott Peterson, Department of Revenue
Proponents:    Stacey Sprinkle, Verizon Wireless
Opponents:    Jim Hood, South Dakota Retailers Association
         Curt Reese, self

MOTION:     AMEND SB 36

36fa
     On page 2, line 10 of the printed bill, delete " on each local exchange access line " and insert " per cellular telephone ".

     On page 2 , line 13, after " 2000 " insert " . Notwithstanding any other provision of this chapter and for purposes of the surcharge imposed by this chapter, the surcharge imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §  116-126 as in effect on July 28, 2000 ".

On page 3 , between lines 6 and 7, insert:

"      Section 5. That § 10-45-6.1 be amended to read as follows:

     10-45-6.1.   There Except as provided in section 1 of this Act, there is hereby imposed on amounts paid for local telephone services, toll telephone services, and teletypewriter services, a tax of four percent of the amount so paid. The taxes imposed by this section shall be paid by the person paying for the services. If a bill is rendered the taxpayer for local telephone service or toll telephone service, the amount on which the tax with respect to such services shall be based shall be the sum of all charges for such services included in the bill; except that if a person who renders the bill groups individual items for purposes of rendering the bill and computing the tax, then the amount on which the tax for each such group shall be based shall be the sum of all items within that group, and the tax on the remaining items not included in any such group shall be based on the charge for each item separately. If the tax imposed by this section with respect to toll telephone service is paid by inserting coins in coin operated telephones, the tax shall be computed to the nearest multiple of five cents, except that, where the tax is midway between multiples of five cents, the next higher multiple shall apply. The tax so paid shall be remitted at the same time as the sales tax imposed by this chapter. ".

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

MOTION:     DO PASS SB 36 AS AMENDED

Moved by:    de Hueck


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

Voting Yes:    de Hueck, Koskan, McCracken, McIntyre, Moore, Diedrich (Larry), Bogue

Voting No:    Staggers

Excused:    Koetzle

         SB 85: exempt from sales tax certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity.

The Chair deferred SB 85 until another day.

         SB 60: exempt the purchase of books from sales and use tax.

Presented By:    Senator Staggers
Proponents:    Jessica Sherard, self
Opponents:    Scott Peterson, Department of Revenue

MOTION:     DO PASS SB 60

Moved by:    Staggers
Action:    Died for a lack of a second

MOTION:      DEFER SB 60 TO THE 36TH LEGISLATIVE DAY
                                                                
Moved by:    Moore
Second by:    McIntyre
Action:    Prevailed by roll call vote.(6-2-1-0)

Voting Yes:    Koskan, McCracken, McIntyre, Moore, Diedrich (Larry), Bogue

Voting No:    Koetzle, Staggers

Excused:    de Hueck

        ** The gavel was moved to Vice Chair Diedrich.

         SB 95: revise the total amount of revenue payable from taxes on real property within a taxing district.

Presented By:    Senator Bogue
Proponents:    Dick Howard, South Dakota Association of County Commissioners, (Handout A)
Opponents:    Paul Kinsman, Department of Revenue



MOTION:     DEFER SB 95 UNTIL WEDNESDAY, JANUARY 23RD.

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

        ** The gavel was turned back over to Chair Bogue.

         SB 123: make it permissive for counties to levy a tax for secondary roads in unorganized territories.

Presented By:    Senator Apa
Proponents:    Dick Howard, South Dakota Association of County Commissioners

MOTION:     DO PASS SB 123

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

Voting Yes:    de Hueck, Koetzle, Koskan, McCracken, McIntyre, Moore, Bogue

Excused:    Staggers, Diedrich (Larry)

MOTION:     PLACE SB 123 ON CONSENT CALENDAR

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

MOTION:     ADJOURN

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

Ryan Olson

____________________________

Committee Secretary
Eric H. Bogue, Chair


../01180800.STA
Page 1