STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 19, 2009
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Timothy A. Rave, Chair
On page 2, line 11 of the printed bill, after "provisions" insert "of sections 1 to 3,
inclusive,".
On page 2, between lines 12 and 13, insert:
"
Section 5. That chapter
34-46
be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of sections 1 to 3, inclusive, of this Act do not apply to any sleeping rooms
in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(6) or (7),
respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed
shall be posted as a smoking room.
Section 6. That chapter
34-46
be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of sections 1 to 3, inclusive, of this Act do not apply to any establishment
licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on
January 1, 2009, with, and maintains compliance with, the following requirements:
(1) Generates ten percent or more of its annual gross income from the sale of cigars. For
the purposes of this section, a cigar is any individual roll of tobacco that has a
wrapper or cover consisting only of tobacco, that measures a number forty ring size
or larger, and that is sold without a filter;
(3) Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped
with a ventilation system by which exhausted air is not recirculated to nonsmoking
areas and smoke is not backstreamed into nonsmoking areas.
Any establishment meeting the requirements of this section may permit the smoking of
cigars and any premium tobacco product purchased on the premises. However, no establishment
may permit the smoking of any other tobacco product on the premises. The establishment shall
post a notice of the prohibition.
Any establishment meeting the requirements of this section shall annually report to the
Department of Revenue and Regulation, on a form prescribed by the department, the revenue
generated from the sale of cigars as a percentage of annual gross income.
Section 7. That chapter
34-46
be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of sections 1 to 3, inclusive, of this Act do not apply to any retail tobacco
store that meets the following requirements:
(1) Generates sixty-five percent of its annual gross income from the sale of tobacco,
tobacco products, and accessories for such products;
(2) Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress
to the outdoors; and
(3) Does not allow the consumption of alcoholic beverages on the premises.
Any retail tobacco store meeting the requirements of this section shall annually report to the
Department of Revenue and Regulation, on a form prescribed by the department, the revenue
generated from the sale of tobacco, tobacco products, and accessories for such products as a
percentage of annual gross income.".
On page 1, line 8, of the printed bill, delete "Class 2 misdemeanor" and insert "petty
offense".
On page 2, between lines 12 and 13 of the printed bill, insert:
"
Section 5. The provisions of sections 1 to 3, inclusive, of this Act do not apply to any
licensee pursuant to chapter 42-7B.".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1199 which was tabled.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1226 which was deferred to the 41st Legislative Day.
On page 3, after line 2 of the printed bill, insert:
"
Section 4. That
§
32-5-30
be repealed.
32-5-30.
If any noncommercial motor vehicle, according to the manufacturer's model year
designation, is five years old or more on January first of the year for which a license fee is
required, such fee shall be seventy percent of the fee ordinarily prescribed.
Section 5. That
§
32-9-15
be amended to read as follows:
32-9-15.
In consideration of the unusual use of the public highways, each person, except as
otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer,
upon the public highways of this state as a motor carrier, shall annually pay the commercial
motor vehicle fee as follows, to the county treasurer of the county of which
he
the person
is a
resident, if a carrier of property; or to the Department of Revenue and Regulation, if
he
the
person
is not a resident of this state:
(3)
Gross weight of 6001 to 8000 pounds, one hundred fifteen dollars;
(4)
Gross weight of 8001 to 10,000 pounds, one hundred thirty dollars;
(5)
Gross weight of 10,001 to 12,000 pounds, one hundred fifty dollars;
(6)
Gross weight of 12,001 to 14,000 pounds, one hundred seventy-five dollars;
(7)
Gross weight of 14,001 to 16,000 pounds, two hundred dollars;
(8)
Gross weight of 16,001 to 18,000 pounds, two hundred twenty-five dollars;
(9)
Gross weight of 18,001 to 20,000 pounds, two hundred fifty dollars;
(10)
For each additional 2000 pounds or major fraction thereof in excess of 20,000
pounds, forty dollars.
(11)
For each vehicle or combination of vehicles as defined in § 32-22-10 with a gross
weight in excess of 78,000 pounds, seven dollars in addition to the fee schedule
above.
On page 1, line 1, of the printed bill, after "noncommercial" insert "and commercial".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
SB 17 and returns the same with the recommendation that said bill be amended as follows:
On page 4, line 17, of the Senate Transportation Committee engrossed bill, overstrike
"Class 2" and insert "
Class 1
".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1229 and returns the same with the recommendation that said bill be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
10-45D-2
be amended to read as follows:
10-45D-2.
There is hereby imposed a tax of one
and one-half
percent on the gross receipts
from any lodging establishment, campground, motor vehicle rental, visitor attraction,
recreational equipment rental, recreational service, spectator event, and visitor-intensive
business. The tax imposed by this section on the gross receipts of any visitor-intensive business
shall apply to the gross receipts received by such business during the months of June, July,
August, and September. The tax imposed by this section is in addition to any other tax imposed
by chapters 10-45 and 10-46. Tangible personal property, any product transferred electronically,
services, and admissions are subject to the tax imposed by this section only if subject to tax by
chapters 10-45 and 10-46.
Section 2. That
§
1-42-31
be amended to read as follows:
1-42-31.
There is hereby established a tourism promotion fund in the Department of
Tourism and State Development.
The fund shall be used for the purposes and functions set forth
in chapter 1-22 for the South Dakota State Arts Council and chapter 1-52 for the Department
of Tourism and State Development.
".
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "increase
the gross receipts tax imposed on visitor-related businesses and to revise certain provisions
concerning the tourism promotion fund.".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB
1073,
1266, and
1294 which were deferred to the 41st Legislative Day.
On page 1, line 5, of the printed bill, delete "owner" and insert "the landlord's
representative".
On page 1, line 12, after "landlord" insert "or the landlord's representative".
On page 1, line 13, after "landlord's" insert "or the landlord's representative's".
On page 2, line 1, delete "owner or landlord" and insert "landlord or the landlord's
representative".
On page 2, line 2, delete "owner or landlord" and insert "landlord or the landlord's
representative".
On page 2, line 3, delete "owner" and insert "the landlord's representative".
On page 2, line 6, after "landlord's" insert "or the landlord's representative's".
On page 2, line 7, after "landlord" insert "or the landlord's representative".
On page 2, line 10, after "landlord" insert "or the landlord's representative".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB
1196 which was deferred to the 41st Legislative Day.
MR. SPEAKER
The Conference Committee respectfully reports that it has considered HB 1004 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1004 be amended as follows:
1004tb
On page 1, line 7, of the Senate Agriculture and Natural Resources Committee engrossed
bill, after "." insert "If any mountain lion is killed pursuant to this Act, the person who killed the
mountain lion shall notify a conservation officer within twenty-four hours of killing the
mountain lion.".
Respectfully submitted, Respectfully submitted,
Thomas Brunner Gordon Howie
House Committee Chair Senate Committee Chair
Rep. Schrempp moved that HB 1239 be amended as follows:
On the House State Affairs Committee engrossed bill, delete the previously adopted
amendment (1239ra).
Rep. Rausch moved that HB 1260 be amended as follows:
On page 3, line 21, of the House Commerce Committee engrossed bill, delete everything
after "for" and insert "home and community-based service providers, legal services, or medical
services.".
Rep. Rounds moved that HB 1260 be amended as follows:
On page 2, line 3, of the House Commerce Committee engrossed bill, after "state" insert
"that expends state general or federal funds".
Rep. Brunner moved that HB 1281 be amended as follows:
On page 1, line 13, of the House Transportation Committee engrossed bill, delete "
twenty-
five
" and insert "
seventy-five
".
A LEGISLATIVE COMMEMORATION,
Congratulating and expressing appreciation to the
Associated General Contractors of South Dakota Building Chapter and its program known
as "Operation Opening Doors."
WHEREAS,
"Operation Opening Doors" is the result of the Associated General Contractors
of South Dakota Building Chapter's recognition that members of the United States armed
services will go anywhere around the world to defend democracy and the freedoms that we
enjoy; and
WHEREAS,
in cooperation with volunteers and communities within South Dakota,
"Operation Opening Doors" has provided and will continue to provide home renovations, at no
cost, for South Dakota soldiers who are disabled, ensuring that their homes are accessible by
adding wheelchair ramps, widening hallways and doors, enlarging bathrooms, kitchens, and
bedrooms, and completing similar projects to make the homes accessible; and
WHEREAS,
to date, "Operation Opening Doors" has completed three major projects for
South Dakota soldiers who are disabled at a total cost of approximately five hundred thousand
dollars, and "Operation Opening Doors" now serves as a model that has been adopted by the
Associated General Contractors of America and nearly one hundred of its state and local
affiliates around the country: