92nd Legislative Session _ 2017

Committee: House Local Government
Tuesday, February 07, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Greenfield (Lana)
P    Jamison
P    Kettwig
P    Marty
P    Otten (Herman)
P    Reed
P    Schoenfish
P    Smith
P    Soli
P    Turbiville
P    York
P    Tulson, Vice-Chair
P    Conzet, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Kristin Conzet, Chair.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 2, 2017

Moved by:    Reed
Second by:    Smith
Action:    Prevailed by voice vote.

    HB 1079: establish certain municipal assessment provisions.

Presented by:    Representative Johns
Proponents:    Yvonne Taylor, SD Municipal League (Handouts: #1)
        Christine Erickson, self
        Clare Bartman, self

Opponents:    Roger Tellinghuisen, South Dakota Association of County Officials
        Carol Maloney, Watertown, Codington Co. Treasurer
        Margo Northrup, South Dakota Manufactured Housing
        Dean Krogman, SD Multi-Housing Association
        Julie Pearson, self

MOTION:    AMEND HB 1079

1079dc

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That chapter 6-1 be amended by adding a NEW SECTION to read:

    The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge the responsibility to provide for solid waste management as provided in chapter 34A-6 and utility services. The fees or charges shall be based on a fee schedule set forth in an ordinance or resolution. If any fee or charge levied, other than a municipal garbage collection fee, becomes delinquent, the delinquency may be certified to the county treasurer and shall be collected by the county treasurer in the following year. An unpaid delinquent fee or charge shall become a lien by operation of law holding priority according § 44-2-1. The chief fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition precedent to the payment of any water, sewer, utility, or other charge collected by the municipality.

    Section 2. That § 34A-6-1.38 be amended to read:

    34A-6-1.38. In addition to the solid waste disposal fee assessed by the state under § 34A-6-1.17 and by a political subdivision under § 34A-6-29 section 1 of this Act, a county or municipality may impose and levy a solid waste disposal fee upon the disposal of solid waste at a solid waste facility within, or operated under, its jurisdiction. Fees imposed under this section are in addition to all other fees and taxes levied by law.

    The fee imposed in this section shall be paid by the owner of the solid waste disposal facility and remitted to the county or municipal treasurer. The obligation to pay the fee accrues at the time the solid waste is disposed of at the solid waste facility. The owner of the facility may collect these fees from persons disposing of solid waste at the facility. The fee imposed by this section is due and payable by the owner on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on a form prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county or municipal treasurer.
    The county or municipality may distribute shares of this fee to municipalities and school districts within its boundary as it deems appropriate considering the location of the facility and the impacts on the representation jurisdiction.

    Section 3. That § 10-23-1.1 be amended to read:

    10-23-1.1. The procedures in this chapter shall be followed whenever a municipality certifies a delinquent fee, charge, or assessment as provided in § 9-38-29, 21-10-6, or 34A-6-29 section 1 of this Act or any other assessment the municipality is legally able to certify to the county auditor for collection.

    Section 4. That § 34A-6-29 be repealed.

    34A-6-29. The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge their responsibility. The fees, charges, and licenses shall be based on a fee schedule set forth in an ordinance or resolution. If any fee, charge, or license so levied, other than a municipal garbage collection fee, becomes delinquent, the delinquency may be certified to the county treasurer and shall be collected by the county treasurer in the following year as a condition precedent to payment of the real property tax on the lot or parcel of land with respect to which the fee, charge, or license was levied. The chief fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition precedent to the payment of any water, sewer, utility, or other charge collected by the municipality. "



Moved by:    Turbiville
Second by:    Otten (Herman)
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1079 AS AMENDED

Moved by:    Turbiville
Second by:    Reed
Action:    Prevailed by roll call vote. (7-6-0-0)

Voting Yes:    Jamison, Otten (Herman), Reed, Schoenfish, Smith, Soli, Turbiville

Voting No:    Greenfield (Lana), Kettwig, Marty, York, Tulson, Conzet

MOTION:    AMEND TITLE OF HB 1079

1079cta
    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "clarify certain provisions regarding municipal assessments and the collection of delinquent fees by the county.".


Moved by:    Otten (Herman)
Second by:    Reed
Action:    Prevailed by voice vote.

    HB 1085: revise certain provisions concerning the occupational tax imposed by business improvement districts.

Presented by:    Representative Lust
Proponents:    Dean Krogman, Citizens for South Dakota Visitor Marketing (Handouts: #2)
        Roger Tellinghuisen, South Dakota Gaming Association
        Chris Connelly, Rapid City Bid Board
        Kelly Knutsen, Hotels Visit Rapid City
        Michele Brich, South Dakota Hotel and Lodging Association
        Tim Johnson, Hotels Visit Rapid City
        Gavin Faubush, Hotels Visit Rapid City
Opponents:    Doug Schinkel, Department of Revenue
        Representative Steinhauer

MOTION:    AMEND HB 1085

1085fc

    On page 2 of the printed bill, delete line 10, and insert "such the tax may not exceed be up to two dollars or up to three percent of the rented room charge per".

    On page 2, line 14, after "." insert "A change in the occupational tax may be made by the governing body after receipt of a petition requesting that the occupational tax be changed to a stated rate and signed by a majority of the hotel and motel owners with rooms available for lodging in the district. The governing body shall provide notice and hearing as provided in § 9-55-13. The governing body shall adopt a resolution of intent to change the assessment or rate of levy at least thirty days before the hearing on the change. The resolution shall specify the proposed change and shall give the time and place of the hearing.".


Moved by:    Tulson
Second by:    Turbiville
Action:    Prevailed by voice vote.
MOTION:    DO PASS HB 1085 AS AMENDED

Moved by:    Reed
Second by:    Jamison
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Greenfield (Lana), Jamison, Kettwig, Marty, Otten (Herman), Reed, Schoenfish, Smith, Soli, Turbiville, York, Tulson, Conzet

    HB 1098: revise certain provisions regarding the notice requirements of county commissions in authorizing installation of utility lines along and across highways.

Presented by:    Representative Schoenfish
Proponents:    Richard Howard, SD Association of Towns and Townships

MOTION:    AMEND HB 1098

1098jc

    On page 1 of the printed bill, delete line 14.

    On page 2, delete lines 1 to 12, inclusive.


Moved by:    Tulson
Second by:    York
Action:    Prevailed by voice vote.

MOTION:    AMEND HB 1098

1098ca

    On page 1, line 10, of the printed bill, after "highway" insert "if so requested".


Moved by:    Marty
Second by:    Turbiville
Action:    Failed by voice vote.

MOTION:    DO PASS HB 1098 AS AMENDED

Moved by:    Tulson
Second by:    Kettwig
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Greenfield (Lana), Jamison, Kettwig, Marty, Otten (Herman), Reed, Schoenfish, Smith, Soli, Turbiville, York, Tulson, Conzet

MOTION:    PLACE HB 1098 ON CONSENT CALENDAR

Moved by:    Greenfield (Lana)
Second by:    York
Action:    Prevailed by voice vote.

    HB 1161: repeal the requirement for certain township, municipal, and school district fiscal reports to be submitted to county auditors.

Presented by:    Representative Schoenfish
Proponents:    Yvonne Taylor, SD Municipal League
        Bob Wilcox, South Dakota Association of County Officials

MOTION:    DO PASS HB 1161

Moved by:    Turbiville
Second by:    Marty
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Greenfield (Lana), Jamison, Kettwig, Marty, Otten (Herman), Reed, Schoenfish, Smith, Soli, Turbiville, York, Tulson, Conzet

MOTION:    PLACE HB 1161 ON CONSENT CALENDAR

Moved by:    Turbiville
Second by:    Reed
Action:    Prevailed by voice vote.
    

    

MOTION:    ADJOURN

Moved by:    Smith
Second by:    Greenfield (Lana)
Action:    Prevailed by voice vote.

        

Shirley Ellwein

____________________________

Committee Secretary
Kristin A. Conzet, Chair

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