92
nd Legislative Session _ 2017
Committee: Senate Taxation
Friday, February 03, 2017
P - Present
E - Excused
A - Absent
Roll Call
P Cammack
E Frerichs
P Otten (Ernie)
P Russell
P Stalzer
P Kolbeck, Vice-Chair
P Monroe, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Monroe, Chairman.
MOTION: TO APPROVE THE MINUTES OF JANUARY 31, 2017
Moved by: Kolbeck
Second by: Russell
Action: Prevailed by voice vote.
SB 36: revise the time to file certain tax returns and remit certain taxes.
See minutes of Monday, January 23, 2017 for further testimony.
MOTION: AMEND SB 36
36fb
On page 1 of the printed bill, delete lines 12 and 13 and insert "monthly period and remit the
tax on or before the second to the last twenty-fifth day of the month following each monthly period.".
On page 2, delete lines 15 and 16 and insert "monthly period and remit the tax on or before the
second to the last twenty-fifth day of the month following each monthly period.".
On page 3, delete lines 8 and 9 and insert "each monthly period and remit the tax remitted on
or before the second to the last twenty-fifth day of the month following each monthly period.".
On page 4, delete lines 2 and 3 and insert "monthly period and remit the tax on or before the
second to the last twenty-fifth day of the month following each monthly period.".
On page 4, delete lines 19 and 20 and insert "monthly period and remit the tax on or before the
second to the last twenty-fifth day of the month following each monthly period.".
On page 5, delete lines 13 and 14 and insert "monthly period and remit the tax on or before the
second to the last twenty-fifth day of the month following each monthly period.".
On page 6, delete lines 8 and 9 and insert "monthly period and remit the tax on or before the
second to the last twenty-fifth day of the month following each monthly period.".
On page 7, delete lines 1 and 2 and insert "monthly period and remit the tax on or before the
second to the last twenty-fifth day of the month following each monthly period.".
On page 7, delete lines 18 and 19 and insert "monthly period and remit the tax on or before the
second to the last twenty-fifth day of the month following each monthly period.".
On page 8, line 13, delete everything after "before the" and insert "twenty-fifth day of the month
following each period.".
On page 9, line 6, delete everything after "before the" and insert "second to the last twenty-fifth
day of the month following each period. For the".
On page 9, delete lines 9 and 10 and insert "the month which are If the due date falls on a
Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed,
the remittance is due on the next succeeding day that is not a Saturday, Sunday, legal holiday
enumerated in § 1-5-1, or a."
On page 10, delete lines 18 and 19 and insert "this section shall be made on or before the second
to the last twenty-fifth day of the month following each monthly period. Remittances are
considered".
On page 10, line 23, delete "A business day is" and insert "If the due date falls on a Saturday,
Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the
remittance is due on the next succeeding day that is not".
On page 10, line 24, delete "not a day that is".
On page 12, line 5, delete "timely if received" and insert "due".
On page 12, line 8, delete everything after "before the" and insert "twenty-fifth day of the month
following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that
is not a Saturday, Sunday, legal holiday".
On page 12, delete line 9.
On page 12, delete line 21 and insert "on or before the second to the last twenty-fifth day of the
month following each semiannual period. For the ".
On page 13, delete line 1 and insert "the Federal Reserve Bank is closed.".
On page 13, line 4, delete everything after "before the" and insert "second to the last twenty-fifth day of the month following".
On page 13, line 5, delete "each monthly period." and insert "each monthly period.".
On page 13, line 8, delete everything after "closed" and insert ".".
On page 13, delete line 9.
On page 13, line 13, delete everything after "before the" and insert "second to the last twenty-fifth day of the month following each quarterly".
On page 13, line 14, remove the overstrikes from "period."
On page 13, line 17, delete everything after "closed" and insert ".".
On page 13, delete line 18.
On page 14, line 6, delete "nineteenth" and insert "twenty-second".
On page 19, line 5, delete "second business day" and insert "twenty-fifth day of the month
following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that
is not a Saturday,".
On page 19, delete line 6.
On page 20, line 20, delete everything after "before the" and insert "second to the last twenty-fifth day of the month following each monthly period. For the purpose".
On page 20, delete lines 23 and 24 and insert "
If the due date falls on a Saturday, Sunday, legal
holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due
on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or
a day on which the Federal Reserve Bank is closed.".
On page 20, after line 24, insert:
" Section 38. Any electronic filing not made by the twentieth day of the month as required by this
Act but made no later than the twenty-third day of that month may not be assessed penalty pursuant
to § 10-59-6 for late filing. Any electronic payment not made by the twenty-fifth day of the month
as required by this Act but made no later than the second to last business day of that month may not
be assessed interest pursuant to § 10-59-6 for late payment. This section is repealed on July 1,
2018.".
Moved by: Cammack
Second by: Stalzer
Action: Prevailed by voice vote.
Jim Terwilliger, Bureau of Finance Management, Shawn Lyons, South Dakota Retailers, and Dawna
Leitzke, SD Petroleum and Propane Marketers Association, spoke in favor of Amendment 36fb.
MOTION: DO PASS SB 36 AS AMENDED
Moved by: Cammack
Second by: Kolbeck
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Cammack, Russell, Stalzer, Kolbeck, Monroe
Excused: Frerichs, Otten (Ernie)
MOTION: ADJOURN
Moved by: Kolbeck
Second by: Cammack
Action: Prevailed by voice vote.
Mona Oehlerking
____________________________
Committee Secretary
Jeff Monroe, Chair
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