84th Legislative Session _ 2009

Committee: 1237, A, 3/12/2009 1:00:00 PM
Thursday, March 12, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Hunhoff (Jean)
P    Haverly, Chair
P    Burg
P    Tidemann
P    Putnam, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Putnam, Chair.

         HB 1237: make an appropriation to fund certain property and sales tax refunds for elderly persons and persons living with a disability.

Comments by: Jason Dilges, Bureau of Finance and Management
        Senator Dave Knudson
        Neil Fulton, Governor's Office

MOTION:     AMEND HB 1237

1237oa

     On page 1, line 4, of the Senate engrossed bill, delete "one dollar ($1)" and insert "six hundred fifty thousand dollars ($ 650,000 )".

     On page 1, line 10, after "by" insert "section 1 of".

     On page 1, between lines 10 and 11, insert:

"
     Section 3. There is hereby appropriated from the general fund the sum of two million three hundred fifty-three thousand three hundred two dollars ($ 2,353,302 ), or so much thereof as may be necessary, and six hundred twenty-six thousand seven hundred seventy-nine dollars ($ 626,779 ) of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services to provide sales tax on food refunds for South Dakota families pursuant to chapter 28-1.

     Section 4. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 3 of this Act.".



Moved by:     Bartling
Second by:    Haverly
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1237

1237ba

     On page 1, line 4, of the Senate engrossed bill, delete "one dollar ($1)" and insert "six hundred fifty thousand dollars ($ 650,000 )".


Moved by:    Tidemann
Second by:    Burg
Action:    Failed by roll call vote. (3-3-0-0)

Voting Yes:    Burg, Tidemann, Putnam

Voting No:    Bartling, Hunhoff (Jean), Haverly

THE MOTION TO AMEND HB 1237

1237oa

     On page 1, line 4, of the Senate engrossed bill, delete "one dollar ($1)" and insert "six hundred fifty thousand dollars ($ 650,000 )".

     On page 1, line 10, after "by" insert "section 1 of".

     On page 1, between lines 10 and 11, insert:

"
     Section 3. There is hereby appropriated from the general fund the sum of two million three hundred fifty-three thousand three hundred two dollars ($ 2,353,302 ), or so much thereof as may be necessary, and six hundred twenty-six thousand seven hundred seventy-nine dollars ($ 626,779 ) of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services to provide sales tax on food refunds for South Dakota families pursuant to chapter 28-1.

     Section 4. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 3 of this Act.".



Moved by:    Bartling
Second by:    Haverly
Action:    Failed by roll call vote. (3-3-0-0)

Voting Yes:    Bartling, Hunhoff (Jean), Haverly

Voting No:    Burg, Tidemann, Putnam

MOTION:     NOT TO CONCURR AND DO APPOINT

Moved by:    Hunhoff (Jean)
Second by:    Haverly
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO NOT CONCURR AND DO NOT APPOINT

Moved by:    Tidemann
Second by:    Burg
Action:    Failed by roll call vote. (3-3-0-0)

Voting Yes:    Bartling, Hunhoff (Jean), Haverly

Voting No:    Burg, Tidemann, Putnam

THE MOTION TO DO NOT CONCURR AND APPOINT

Moved by:    Hunhoff (Jean)
Second by:    Haverly
Action:    Failed by roll call vote. (4-2-0-0)


Voting Yes:    Bartling, Hunhoff (Jean), Haverly, Burg

Voting No:    Tidemann, Putnam

Committee took a ten minute recess.

MOTION:     AMEND HB 1237

1237fa

     On page 1, line 4, of the Senate engrossed bill, delete "one dollar ($1)" and insert "six hundred fifty thousand dollars ($ 650,000 )".

     On page 1, line 10, after "by" insert "section 1 of".

     On page 1, between lines 10 and 11, insert:

"
     Section 3. There is hereby appropriated from the general fund the sum of nine hundred ninety- two thousand one hundred twenty-eight dollars ($992,128), or so much thereof as may be necessary, and three hundred eighty-nine thousand six hundred twenty dollars ($ 389,620 ) of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services to provide sales tax on food refunds for South Dakota families pursuant to chapter 28-1.

     Section 4. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 3 of this Act.".


     On page 1, after line 12, insert:

"      Section 4. That § 28-1-71 be amended to read as follows:

     28-1-71.   To be eligible for the sales tax on food refund program, a person shall:

             (1)      Be a South Dakota resident;

             (2)      Be the head of the household and certify the number of persons in the household;

             (3)      Have countable income at or above one hundred thirty percent and below one hundred fifty fifty-one percent of the federal poverty level, as updated annually by the Department of Social Services in administrative rules promulgated pursuant to chapter 1-26 ;

             (4)    Not be a recipient of food stamp benefits . ".


Moved by:    Tidemann
Second by:    Haverly
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Bartling, Hunhoff (Jean), Haverly, Burg, Tidemann, Putnam

MOTION:     AMEND TITLE OF HB 1237

1237fta

     On page 1, line 2, of the Senate engrossed bill, after "disability" insert ", to make an appropriation to fund sales tax on food refunds, and to revise the eligibility requirements for the sales tax on food refund program".


Moved by:    Tidemann
Second by:    Haverly
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Tidemann
Second by:    Bartling
Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary
J.E. “Jim” Putnam, Chair