2013 Session of the South Dakota Legislature

Author: Tony Malandra Date: May 20, 2013

Defeated Several Measures to Increase Taxes
There were a number of tax bills introduced that were defeated, including the perennial attempt to decrease sales tax on food and increase it on other goods and services. The visitor industry was successful in making the visitor tax of 1/2 percent permanent with the passage of House Bill 1066.  This was enacted on a temporary basis several years ago with the promise it would sunset. House Bill 1039 also passed, a measure that clarifies the application of gross receipt taxes.

Guns on Business Premises
House Bill 1129 would have prohibited businesses and employers from establishing certain policies against the ability of an invitee or employee to store firearms and ammunition in a locked motor vehicle parked on the premises. The bill had a lively hearing in Committee, before meeting its demise.

Unauthorized Employees
House Bill 1175 was a similar measure to that defeated during the 2012 legislative session. Under this proposal, employers who knowingly hire, employ, or continue to employ unauthorized aliens shall be placed on probation for five years for a first violation. A second violation would require a court to order the appropriate agencies to permanently revoke all licenses held by the employer specific to the business location where the unauthorized alien performed work.

Bankruptcy Code
The Legislature considered various proposals modifying the bankruptcy code. Ultimately, a compromise was reached and slight modifications to the code cleared with several others being defeated. One of the measures passed was House Bill 1171, which increases the amount of personal property exempt from levy in bankruptcy from $6,000 to $7,000 if the debtor is the head of family or from $4,000 to $5,000 in value if the debtor is not the head of family. The measures defeated were House Bill 1131, which would have added to the list of property exempt from levy an interest in motor vehicles not to exceed $5,000 and House Bill 1219, which would have increased the benefit allowance exempt from levy in bankruptcy from $250 to $350.




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