BILL · 2019–20 SESSION · LATEST VERSION SSB 5581

SB 5581: State tax laws

Improving the effectiveness and adequacy of state tax laws by clarifying and simplifying nexus provisions, by decreasing compliance and administrative burdens for taxpayers and the department of revenue, by facilitating the collection of new tax revenue resulting from the United States supreme court's decision in South Dakota v. Wayfair, Inc., by providing more consistent tax obligations for both domestic and foreign sellers, and by simplifying the expiration of sales tax sourcing mitigation payments to local governments on September 30, 2019.

Summary

  • Modifies the nexus threshold for marketplace facilitators and remote sellers to align state law with a recent United States Supreme Court decision.
  • Eliminates the option for marketplace facilitators and remote sellers to elect to not collect tax and instead comply with notice and reporting requirements.
  • Limits the import tax exemption to import sales involving a parent company and a wholly-owned subsidiary.
  • Clarifies certain provisions under the Streamlined Sales and Use Tax Agreement and repeals sections related to local jurisdiction mitigation payments.

From the Substitute Senate Bill Report (SSB 5581), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 8, Laws of 2019
  1. IntroducedJan 24, 2019
  2. Out of committeeFeb 11, 2019
  3. Passed SenateFeb 15, 2019
  4. Passed HouseMar 8, 2019
  5. GovernorMar 14, 2019
  6. LawMar 14, 2019
Prime sponsor
Christine Rolfes (D-23)
Introduced
January 24, 2019 in the Senate
Last action
March 14, 2019
Session law
Chapter 8, Laws of 2019
Requested by
State agency
Companion bill
HB 1890
Budget
Has a fiscal note
Versions
SB 5581, SSB 5581

AN ACT Relating to improving the effectiveness and adequacy of state tax laws by clarifying and simplifying nexus provisions, by decreasing compliance and administrative burdens for taxpayers and the department of revenue, by facilitating the collection of new tax revenue resulting from the United States supreme court's decision in South Dakota v. Wayfair, Inc., by providing more consistent tax obligations for both domestic and foreign sellers, and by simplifying the expiration of sales tax sourcing mitigation payments to local governments on September 30, 2019;

Sponsors

Prime sponsor: Christine Rolfes (D-23)

4 co-sponsors (3 Democrats, 1 Republican)

Votes

Senate · 3rd Reading & Final Passage

Passed February 15, 2019
Version voted on: SSB 5581
33 Yea 13 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat28001
Republican51302
How each member voted

House · Final Passage as Amended by the House

Passed March 8, 2019
Version voted on: SSB 5581
58 Yea 36 Nay 0 Absent 4 Excused
PartyYeaNayAbsentExcused
Democrat55002
Republican33602
How each member voted

Yea (58)

Excused (4)

Senate · Final Passage as Amended by the House

Passed March 11, 2019
Version voted on: SSB 5581
37 Yea 11 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat28001
Republican91100
How each member voted

History

  1. Effective date 3/14/2019*. (SSB 5581)
  2. Chapter 8, 2019 Laws. (SSB 5581)
  3. Governor signed. (SSB 5581)
  4. Delivered to Governor. (SSB 5581)
  5. Speaker signed. (SSB 5581)
  6. President signed. (SSB 5581)
  7. Passed final passage; yeas, 37; nays, 11; absent, 0; excused, 1. (SSB 5581)
  8. Senate concurred in House amendments. (SSB 5581)
  9. Third reading, passed; yeas, 58; nays, 36; absent, 0; excused, 4. (SSB 5581)
  10. Rules suspended. Placed on Third Reading. (SSB 5581)
  11. Committee amendment(s) adopted with no other amendments. (SSB 5581)
  12. Placed on second reading by Rules Committee. (SSB 5581)
  13. Referred to Rules 2 Review. (SSB 5581)
  14. FIN - Executive action taken by committee. (SSB 5581)
  15. Minority; do not pass. (SSB 5581)
  16. FIN - Majority; do pass with amendment(s). (SSB 5581)
  17. First reading, referred to Finance. (SSB 5581)
  18. Third reading, passed; yeas, 33; nays, 13; absent, 0; excused, 3. (SSB 5581)
  19. Rules suspended. Placed on Third Reading. (SSB 5581)
  20. 1st substitute bill substituted. (SSB 5581)
  21. 1st substitute bill substituted.
  22. Placed on second reading by Rules Committee. (SSB 5581)
  23. Placed on second reading by Rules Committee.
  24. Passed to Rules Committee for second reading. (SSB 5581)
  25. Passed to Rules Committee for second reading.
  26. Minority; without recommendation. (SSB 5581)
  27. WM - Majority; 1st substitute bill be substituted, do pass. (SSB 5581)
  28. WM - Majority; 1st substitute bill be substituted, do pass.
  29. Minority; without recommendation.
  30. First reading, referred to Ways & Means.

SB 5581 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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