74th Legislative Session -- 1999
Committee: Senate Taxation
Friday, January 15, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Albers
P
Brown (Arnold)
P
Daugaard
P
Flowers
P
Moore
P
Olson
E
Valandra
P
Brosz, Vice-Chair
E
Paisley, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Brosz
MOTION:
TO ADOPT TEMPORARY RULES.
Moved by:
Senator Olson
Second by:
Senator Brosz
Action:
Prevailed by voice vote.
SB 1:
revise the procedure for the valuation of agricultural land.
The Chair deferred SB 1 until 7th day of Session - Wednesday January 20, 1998.
SB 2:
provide for the recovery of certain expenses in an action brought by any
governmental subdivision relative to the assessment, allocation, or distribution of
centrally assessed property.
Opponents:
Dick Howard, South Dakota Association of Counties Commission
Bill Dougherty, Burlington Northern
Presented by:
Senator Brosz
Comments by: Dave Gerdes, South Dakota Rural Electric
Rex Craven, Unified Judicial System
MOTION:
AMEND SB 2
f-2
On page
1
,
line
7 of the printed bill
,
delete "
a reasonable sum to reimburse a utility for
"
and
insert "
disbursements
"
.
On page
1
,
line
8
,
delete "
expenses
"
.
On page
1
,
line
14
,
delete "
The
"
and insert "
On motion, the
"
.
On page
1
,
line
14
,
delete "
a reasonable sum to reimburse a utility for expenses," and insert
"reasonable
"
.
On page
1
,
line
15
,
delete "
including
"
.
On page
1
,
line
15
,
after "
fees
"
delete "
,
"
.
On page
2
,
line
2
,
after "
distribution.
"
insert "
The motion shall be accompanied by counsel's
verified itemized statement of costs incurred and legal services rendered.
"
Moved by:
Senator Flowers
Second by:
Senator Olson
Action:
Prevailed by roll call vote.
(6-0-3-0)
Voting yes:
Albers, Brown (Arnold), Daugaard, Flowers, Olson, Brosz
Excused:
Moore, Valandra, Paisley
MOTION:
AMEND SB 2
f-2a
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. The sixth judicial circuit court may award disbursements, including attorneys' fees,
in an action brought to court pursuant to chapter 10-38 relative to the assessment, allocation, or
distribution of property if the appellant does not prevail in its appeal of the property assessment,
allocation, or distribution.
Section 2. On motion, the Supreme Court may award reasonable attorneys' fees in an action
brought to the Supreme Court pursuant to chapter 10-38 relative to the assessment, allocation, or
distribution of property if the appellant does not prevail in its appeal of the property assessment,
allocation, or distribution. The motion shall be accompanied by counsel's verified itemized statement
of costs incurred and legal services rendered.
"
Moved by:
Senator Brosz
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(6-0-3-0)
Voting yes:
Albers, Brown (Arnold), Daugaard, Flowers, Olson, Brosz
Excused:
Moore, Valandra, Paisley
MOTION:
DO PASS SB 2 AS AMENDED
Moved by:
Senator Olson
Second by:
Senator Flowers
Action:
Failed by roll call vote.
(4-2-3-0)
Voting yes:
Albers, Flowers, Olson, Brosz
Voting no:
Brown (Arnold), Daugaard
Excused:
Moore, Valandra, Paisley
MOTION:
DEFER SB 2 UNTIL Wednesday, January 20
Moved by:
Senator Olson
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
SB 14:
provide for a penalty for failure to obtain a license before operating an
alcoholic beverage business.
Presented by:
Jim Fry, Department of Revenue
MOTION:
DO PASS SB 14
Moved by:
Senator Olson
Second by:
Senator Brown (Arnold)
Action:
Prevailed by roll call vote.
(7-0-2-0)
Voting yes:
Albers, Brown (Arnold), Daugaard, Flowers, Moore, Olson, Brosz
Excused:
Valandra, Paisley
MOTION:
PLACE SB 14 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Brown (Arnold)
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Brown (Arnold)
Second by:
Senator Olson
Action:
Prevailed by voice vote.
Cynthia L. Mercer
_________________________________
Committee Secretary
Don Brosz, Vice-Chair
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