Home > 2015 SD Legislative Session > Senate Commerce has six bills on Thurs Jan 29

Senate Commerce has six bills on Thurs Jan 29

January 28, 2015

camp-areaOn Thursday, January 29th, the Senate Commerce and Energy committee will take on 6 bills.

SB 62 – SoDakLiberty PostsIncrease certain license fees for food service, lodging, and campground establishments.

The SD Department of Health (DOH) requested this bill. This bill was deferred from the Jan 20 committee meeting. Here are my notes from before that meeting:

This one comes at the request of the SD Department of Health. Last year the Department of Health requested SB29, which basically overhauled the code relating to campgrounds. That law was passed and signed into law. Apparently they aren’t done mucking around with the campground industry (and other food service and lodging establishments).

Section one of this bill changes the one time fee from $38 to $45 for a new Bed and Breakfast. Fee increase is another way to tax increase….

Section two of the bill changes the following annual license fees (taxes):

  • Food service establishments with no seating from $90 to $100
  • Food service establishments with 1-50 seats from $120 to $140
  • Food service establishments with 51-100 seats from $180 to $210
  • Food service establishments with over 100 seats from $225 to $265
  • Vacation home establishment from $45 to $55
  • Specialty resort from $45 to $55
  • Hotel from $2.25 to $2.65 per unit… with the minimum changes from $45 to $55

Section three specifically picks on the campgrounds. The following fees (taxes) are raised:

  • 2-25 campsites goes from $75 to $90
  • 26-100 campsites goes from $113 to $135
  • 101-200 campsites goes from $150 to $175
  • 201-300 campsites goes from $188 to $220
  • 301 and more campsites goes from $225 to $265

Section four picks on mobile food service establishments by raising their fee (tax) from $38 to $45.

Finally, section five change the fee (tax) for temporary food service establishments from $38 to $50.

I will probably definitely listen to the testimony on this bill to see why the Department of Health believes taxes need to go up on these food and entertainment establishments. Looking at this bill right now it looks like nothing but a series of tax hikes.

SB 72 – SoDakLiberty PostsProvide an exemption from certain excavation requirements in an emergency.

Sen Lederman (R, Dist 16) is the Senate prime sponsor of SB 72. This bill was originally scheduled for Jan 22, but the meeting was cancelled and SB 72 was assigned to the Jan 29th meeting. Here are my notes for this bill from the post I did for the Jan 22 meeting:

Hey, a bill that isn’t submitted on behalf of a state agency! This one has a prime sponsor of Senator Lederman in the Senate and Representative Wollmann in the House. This bill pertains to one-call notification system for excavation activities codified law (§ 49-7A). If I read this bill correctly, it allows an emergency excavation to be done in certain emergency situations without having to abide by the time restrictions built into the one-call procedures. However it does appear the excavation operation still needs to call one-call to let them know it is being done, and then follow-up with the damage done.

HB 1024 – SoDakLiberty PostsRepeal certain outdated and unnecessary statutes related to the Department of Labor and Regulation.

This bill passed the House Commerce and Energy committee and the House floor with no opposition. Reading it again I don’t see any red flags. Here are the notes I wrote prior to the House Commerce hearing:

This bill is at the request of the SD Department of Labor and Regulation (DLR). The bill has 8 sections repealing various bits of codified law. Looking through the repealed code I don’t see any red flags. Most of the code repealed by this bill has to do with employers contributions to unemployment insurance; and some of the repealed code seems to be removing code that is not longer needed after changes made last year in HB 1045.

HB 1025 – SoDakLiberty Posts – Revise certain provisions regarding banks and banking.

This bill passed the House Commerce and Energy committee and the House floor with no opposition. I don’t see any red flags in it. Here are the notes I wrote prior to the House Commerce hearing:

Another bill coming from the DLR. Most of the changes in this bill appear to revolve around having certain determinations done by the Director of Banking, instead of by the State Banking Commission. My big question on this bill would be why? Is there are a reason to take power away from the Banking Commission and give it directly to the Director? Is this being done to expedite certain areas of the banking industry in South Dakota? Other than that, most of the changes appear to be making the language more precise.

I did listen to the testimony given about this bill in the house committee. A lot the cleanups in this bill come from changes that were made back in 2008. At that time duties were moved to the Director because of reorganizations done at that time. My question was answered. The provisions that were changed from the Commission to the Director are little used sections and were likely over-looked during the changes in 2008. If for some reason a decision of the Director needs to be appealed, there will then be a hearing before the Commission.

HB 1028 – SoDakLiberty Posts – Revise certain provisions regarding money transmitters and money transmissions.

This bill passed the House Commerce and Energy committee and the House floor with no opposition. I don’t see any red flags in it. Here are the notes I wrote prior to the House Commerce hearing:

Yep, still another DLR bill. This bill has to do with banking money transmission portion of SD code (§ 51A-17). This bill adds a new definition for “nationwide mortgage licensing system and registry” to the code. This bill also adds code to deal with a nationwide mortgage licensing system and registry. This is one I will have to listen to the proponent testimony to see why this the DLR thinks this change is necessary.

I listened to the House committee hearing for this bill. HB 1028 will allow money transmitters to utilize a better way to license in States. Money transmitters are entities such as Western Union.

HB 1026 – SoDakLiberty Posts – Revise certain provisions related to the Department of Labor and Regulation.

This bill passed the House Commerce and Energy committee and the House floor with no opposition. I don’t see any red flags in it. Here are the notes I wrote prior to the House Commerce hearing:

Yet another DLR bill. The first two sections of this bill has to do with recovery of certain taxes (§10-55A). That is the section of code used when a person seeks to recover taxes they feel has been overpaid. Current law dictates this be done through the Secretary of the Department Revenue; with this bill the Secretary of DLR would be the person in charge of this. I’m not sure why the DLR is asking to take that power away from another department.

Most of the rest of the bill appears to be cleaning up language, clarifying code, and updating references to standards used.

During testimony in the House committee hearing it was confirmed this was a clean-up bill. The change to DLR  Secretary for the payments of these certain taxes was overlooked back in 2011 when an exec order created DLR.

  1. No comments yet.
  1. January 28, 2015 at 11:17 pm
Comments are closed.
%d bloggers like this: