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South Dakota Legislative Bulletin

February 5, 2009

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The South Dakota Legislature is in full swing and, unfortunately, I am playing catch up because of the Expo and having had to spend some personal time out of the office for a death in the family. Nevertheless, I am back at this and have six specific bills that we will follow.

Yesterday, I learned that Senate Bill 178, an act to change the lien law, was scheduled for hearing today in the Senate Commerce Committee. Hopefully, you saw the fax that went out and was able to make a call to the senators on the committee and ask them to not support the bill. I am not an attorney and am not in a position to give legal advice. However, in my opinion, this bill appears to weaken your lien rights. As of yet, I do not know why this bill is being introduced. If any of you know one of the committee members, please call and have that conversation to learn more about the bill. Then call me so we can discuss what our next steps should be. Also if you, someone at your office or your attorney thoroughly understand the lien law, I would appreciate having a conversation with you.

Senate Commerce

Name Chair/Vice
Adelstein, Stanford
Gant, Jason
Merchant, Pam
Nelson, Tom Vice Chair
Nesselhuf, Ben
Olson, Russell Chair
Turbak Berry, Nancy

Another reason for the senators not to pass SB 178 and still leave the homeowner protected is Senate Bill 179. This bill requires title companies to cover liens filed after the purchase of real property. That is the safety net for the homeowners. They pay title companies to ensure that the property is free and clear of any encumbrances so let’s make them do their job.

Senate Bill 64 establishes that certain energy efficiency disclosure requirements be made for new residential buildings. This may be the Senate’s attempt to ensure homes are becoming more green. In of itself, ensuring the energy efficiency of new residential buildings is not bad and it is part of the IRC so I wonder why there needs to be a disclosure requirement. The disclosure requirements are listed in the bill. Again, I would like to have your thoughts on this bill.

Senate Bill 26 provides for an employee’s medical expenses or disability payments under workers comp that were initially denied but then later determined that it is reimbursable to be paid by the insurer or employer.

House Bill 1197 provides that the contractors who are building or recently build a new single-family home may classify it as a single-family dwelling for tax purposes. Dwight Neuharth, executive director of SD Builders Association, drafted this bill to help encourage the building of more spec homes. Builders were hesitant to start new homes knowing they would be taxed at a higher rate. Plus this bill will help with keeping the price of the home lower. Neuharth has found broad support on the bill as it has passed out of the House yesterday.

Senate Bill 43 is a tax bill that repeals the tax exempt status of amateur sports officials or rodeo events. An amendment was added in committee that also repeals the exempt status of membership dues. That’s right, your dues to NLA or other trade associations, business associations, professional organizations and even member organizations such as the humane society will be taxed. I asked Dwight Neuharth about this bill. He says there is great opposition to it and does not believe it will go anywhere. I’ll watch it to be sure.