The South Dakota Legislature opened the second half of its 89th Legislature January 14 with 13 bills of concern to small business. As of this report, NFIB is actively supporting House Bill 1045 and monitoring the rest. The Legislature will adjourn in 38 days from its opening.
House Measures
House Bill 1036 An Act to revise certain provisions regarding the billboard permitting process. Sponsors: The Committee on Transportation at the request of the Department of Transportation. Summary: The bill revises provisions of the billboard permitting process, and includes new language stating that any zone created primarily to permit outdoor advertising structures is not recognized as lawfully enacted for purposes of this section. Status: House Transportation Do Pass, Passed 8-4 (January 21). House of Representative deferred to another day on January 24.
House Bill 1045 – An Act to revise unemployment insurance contribution rates. Sponsors: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation. Summary: This bill extends an employer’s current unemployment insurance contribution rates through December 31, 2014, and then reduces the contribution rates for calendar year 2015 and thereafter. Status: House of Representatives Do Passed 70-0 on January 23.
House Bill 1047 – An Act to revise various trust and trust company provisions. Sponsors: The Committee on State Affairs at the request of the Department of Labor and Regulation. Summary: The bill revises trust and trust company provisions. The bill defines a fiduciary as a trustee, custodian, trust advisor, trust protector, or trust committee, as named in the governing instrument or order of court, regardless of whether such a person is acting in a fiduciary or nonfiduciary capacity. Status: Scheduled for hearing on January 24.
House Bill 1054 – An Act to establish consumer protection standards regarding certain insurance claim practices and to provide for certain penalties. Sponsors: The Committee on Judiciary at the request of the Department of Labor and Regulation. Summary: In its amended form, this bill adopts the NAIC model unfair claims practices Act. Status: House of Representatives Do Pass Amended, Passed, 63-7 (January 23).
House Bill 1055 – An Act to revise certain provisions regarding references to the Internal Revenue Code. Sponsors: The Committee on Taxation at the request of the Department of Revenue. Summary: The bill would revise provisions regarding references to the Internal Revenue Code. The bill discusses certain property exempt from taxation. Status: House of Representatives Do Passed 65-0 on January 23.
Senate Measures
Senate Bill 8 – An Act to revise certain provisions concerning the assessment and taxation of real property. Sponsors: Senator Rhoden and Representative Cronin, at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force. Summary: The bill would revise provisions concerning the assessment and taxation of real property, extending the discussion of taxes payable from 2015 to 2019. The last section repeals language regarding nonagricultural acreage property. Status: Referred to Senate Agriculture and Natural Resources Committee.
Senate Bill 13 – An Act to make use of hand-held mobile telephones while driving a commercial motor vehicle a serious traffic violation and to update certain references to federal regulations regarding the issuance of commercial driver licenses. Sponsors: The Committee on Transportation at the request of the Department of Public Safety
Summary: The bill updates the Code of Federal Regulations to 2014 and adds the use of a hand-held mobile telephone to the definition of serious traffic violations. It also adds the conviction of a federal, state, or local law of using a hand-held mobile device to the reasons a CDL can be revoked. Status: Referred to Senate Transportation Committee.
Senate Bill 23 – An Act to revise certain provisions relating to deceptive trade practices, including unordered property or services, lodging reservation and cancellation, violation penalties, attorney’s fees, entry rights for landlords and tenants, debit card theft, and organized retail crime. Sponsors: The Committee on Judiciary at the request of the Office of the Attorney General. Summary: This bill would revise provisions relating to deceptive trade practices. Each act in violation under $1000 would be a Class 1 misdemeanor. Each act in violation over $1000 but under $100,000 is a Class 6 felony. Any violation over $100,000 is a Class 5 felony. Status: Not scheduled for hearing yet.
Senate Bill 29 – An Act to revise certain provisions in statute and administrative rules regarding the regulation of campgrounds and the license fee for campgrounds and would repeal administrative rules regulating primitive campgrounds, full-service campgrounds, limited service campgrounds, and temporary campgrounds. Sponsors: The Committee on Commerce and Energy at the request of the Department of Health. Summary: The bill is 58 pages long and extensively modifies the statutes and administrative rules regarding the regulation of campgrounds including changes to the requirements a campground must meet for its private water supply and sanitation. Status: Referred to Senate Commerce and Energy Committee.
Senate Bill 37 – An Act to revise the state aid to general education formula. Sponsors: The Committee on Appropriations at the request of the Department of Education. Summary: The bill revises the state aid to general education formula, in part, increasing the per student allocation in 2015. Status: Referred to Senate Appropriations Committee.
Senate Bill 38 – An Act to revise the state aid to special education formula. Sponsors: The Committee on Appropriations at the request of the Department of Education. Summary: The bill revises the state aid to special education formula, increasing the per student allocation for each level of disability. Status: Referred to Senate Appropriations Committee.
Senate Bill 53 – To make an appropriation to fund the New South Dakotans and Dakota Roots programs and to declare an emergency. Sponsors: The Committee on Appropriations at the request of the Department of Labor and Regulation. Summary: The bill would make an appropriation to fund the New South Dakotans and Dakota Roots programs, and would appropriate $500,000 to fund the continuation of the New South Dakotans program and for enhanced recruitment efforts in the Dakota Roots program. Status: Scheduled for hearing in Senate Appropriations on January 24.
Senate Bill 56 – An Act to revise certain provisions regarding auditing standards used by the Department of Revenue. Sponsors: The Committee on Taxation at the request of the Department of Revenue. Summary: The bill updates the auditing standards used by the Department of Revenue from the 1994 American Institute of Certified Public Accountants Auditing Standards to the 2014 standards. Status: Senate Do Pass, Passed 34-0 (January 23).
[Photo by Parkerdr from Wikipedia. No endorsement of NFIB is necessarily implied by the author.]
