Senate State Affairs Minutes 02/08/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: Senate State Affairs

Friday, February 08, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brosz
P    Daugaard
P    Hutmacher
P    Munson
P    Sutton (Dan)
P    Symens
P    Whiting
P    Brown (Arnold), Vice-Chair
P    Everist, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Barbara Everist, Chair

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 6, 2002

Moved by:    Daugaard
Second by:    Brosz
Action:    Prevailed by voice vote.

         HB 1048: allow the submission of sealed bids by electronic means.

Presented By:    Jeff Holden, Bureau of Administration

MOTION:     DO PASS HB 1048

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

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Symens, Brown (Arnold), Everist

Excused:    Sutton (Dan), Whiting

MOTION:     PLACE HB 1048 ON CONSENT CALENDAR

Moved by:    Brosz
Second by:    Daugaard
Action:    Prevailed by voice vote.

         HB 1049: authorize the use of online reverse auctions for state purchases.

Presented By:    Jeff Holden, Bureau of Administration

MOTION:     DO PASS HB 1049

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

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Brown (Arnold), Everist

Excused:    Whiting

MOTION:     PLACE HB 1049 ON CONSENT CALENDAR

Moved by:    Brown (Arnold)
Second by:    Daugaard
Action:    Prevailed by voice vote.

         HB 1001: ratify the Uniform Sales and Use Tax Administration Act and to implement the uniform and simplified features proposed by the Streamlined Sales Tax Project.

Presented By:    previously heard
Proponents:    Senator McCracken

MOTION:     AMEND HB 1001(pending motion carried from previous meeting)

In the previously adopted amendment (1001oa), in the first sentence of Section 47, delete "It",

and insert "Except as may be required by section 45 of this Act, it".

Moved by:    Daugaard
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1001

On the previously adopted amendment (1001oa), after Section 48, insert:

" Section 49. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

There are hereby specifically exempted from the tax imposed by this chapter the gross receipts resulting from the sale of food, as defined by the Food Stamp Act of 1977 (P.L. 95-113), codified at 7 U.S.C. § 202(g), as amended through January 1, 2002.

Section 50. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

There are hereby exempted from the tax imposed by this chapter the gross receipts resulting from the sale of food, as defined by the Food Stamp Act of 1977 (P.L. 95-113), codified at 7 U.S.C. § 2012(g), as amended through January 1, 2002.

Section 51. Sections 49 and 50 of this Act are effective on January 1, 2006."

Moved by:    Hutmacher
Second by:    Symens
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1001 AS AMENDED

Moved by:    Daugaard
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(7-2-0-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Whiting, Brown (Arnold), Everist

Voting No:    Hutmacher, Symens

         HB 1002: impose a gross receipts tax on certain visitor-related businesses.

Presented By:    Senator McCracken
Proponents:    Scott Peterson, Department of Revenue

MOTION:     DO PASS HB 1002

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

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Hutmacher

         HB 1003: authorize a municipal gross receipts tax on certain lodging, alcoholic beverages, prepared food, and admissions.

Presented By:    Senator McCracken
Proponents:    Scott Peterson, Department of Revenue

MOTION:     AMEND HB 1003

On page 8, after line 4 of the House Taxation Committee engrossed bill, insert:

"

Section 17. The Legislature hereby finds that the amendments to chapter 10-52 contained in this Act shall result in a broader and more uniform tax base for the tax levied by municipalities under this chapter, and that, absent a reduction in the current tax levy of a municipality, it is anticipated that total tax revenues of a municipality may increase as a result of these amendments. However, so long as a municipality has any bonds or other obligations outstanding which are secured directly or indirectly by the pledge or collection and application of taxes levied pursuant to § 10-52-8 as in effect immediately prior to the effective date of this Act, no municipality may reduce its tax levy under this Act to a rate which, in the exercise of the sound discretion of the governing body, would be expected to produce less total revenue than was collected in the immediately preceding year pursuant to the tax imposed under § 10-52-8.".

Moved by:    Brosz
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1003 AS AMENDED

Moved by:    Brosz
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Hutmacher

         HB 1024: revise the penalties for overweight vehicle violations.

Presented By:    Jim Carpenter, South Dakota Highway Patrol
Proponents:    Dick Tieszen, Waste Management
        Ron Olinger, South Dakota Corn Growers
        Mike Durick, Department of Transportation
        Representative Rhoden

MOTION:     AMEND HB 1024

On page 1 of the House engrossed bill, remove the overstrikes from lines 9 and 10 .

Moved by:    Brown (Arnold)
Second by:    Whiting
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1024 AS AMENDED

Moved by:    Brown (Arnold)
Second by:    Munson
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Hutmacher

         HB 1039: allow an application for a concealed pistol permit to be filed electronically.

Presented By:    Mark Barnett, Attorney General
Proponents:    Ray Lautenschlager, South Dakota Gun Owners(document #1)

        Dick Tieszen, South Dakota Sheriffs Association and South Dakota Chiefs of Police Association
        Daniel Astin
        Bill Wells
        Dayle Hammock
        Tom Leckey, Secretary of State's Office

MOTION:     DO PASS HB 1039

Moved by:    Brown (Arnold)
Second by:    Daugaard
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Hutmacher

MOTION:     PLACE HB 1039 ON CONSENT CALENDAR

Moved by:    Symens
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

         HB 1129: revise certain provisions regarding concealed pistol permits.

Presented By:    Mark Barnett, Attorney General
Proponents:    Representative Madsen
        Dana Nelson, Governor's Office
        Dick Tieszen, South Dakota Sheriffs Association and South Dakota Chiefs of Police Association
        David Conway, South Dakota Shooting Sports Association(document #2)
        Dayle Hammock
        Bill Wells
        Ray Lautenschlager, South Dakota Gun Owners

MOTION:     AMEND HB 1129

On page 1 of the House State Affairs Committee engrossed bill, delete lines 6 to 10 , inclusive, and insert:

"The attorney general shall compare South Dakota permit issuance statutes with the permit issuance

statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.".

On page 2 , after line 8, insert:

"
Section 3. That chapter 22-14 be amended by adding thereto a NEW SECTION to read as follows:

Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to this Act may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. A violation of this section is a Class 1 misdemeanor.".

Moved by:    Daugaard
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1129 AS AMENDED

Moved by:    Brown (Arnold)
Second by:    Daugaard
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Hutmacher

         HB 1071: authorize the continuation of a pilot program granting secured parties access to the state's computer system.

Presented By:    Representative Jarvis Brown
Proponents:    Bob Sutton, South Dakota Bankers Association
        Rich Sattgass, South Dakota Association of County Officials

MOTION:     DO PASS HB 1071

Moved by:    Munson

Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Hutmacher

MOTION:     PLACE HB 1071 ON CONSENT CALENDAR

Moved by:    Brown (Arnold)
Second by:    Daugaard
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Brosz
Second by:    Whiting
Action:    Prevailed by voice vote.

Alice Christensen

____________________________

Committee Secretary

Barbara Everist, Chair

../02080745.SST