Commission Minutes | previous page

Hearing on Orders to Show Cause for Failure to Pay CY 2019 Gross Receipt Tax
January 4, 2022, 9:00 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF COMMISSION HEARING

Commissioner Chris Nelson called the hearing to order at 9:00 A.M. CST.  Present in Room 413, in the Capitol Building in Pierre, the location noticed for public attendance and participation, were Commission Attorney: Karen Cremer; Staff Attorney: Amanda Reiss; Finance Manager: Cindy Kemnitz; and Staff: Juli Hedrick.

Joining the meeting by telephone were Commissioners: Gary Hanson and Kristie Fiegen.

Telecommunications

TC21-119 - In the Matter of DataBytes Inc.'s Failure to Timely Pay the Gross Receipts Tax

TC21-120 - In the Matter of T C Telephone LLC dba Horizon Cellular’s Failure to Timely Pay the Gross Receipts Tax

TC21-121 - In the Matter of Wing Tel, Inc.’s Failure to Timely Pay the Gross Receipts Tax

Ms. Cindy Kemnitz, Finance Manager, testified that the companies listed in Exhibit 1 have been contacted due to their failure to timely pay gross receipts tax (GRT) for CY 2020. Ms. Amanda Reiss, Staff Attorney, moved to admit Exhibit 1. There being no objection, Exhibit 1 was admitted into the record. Ms. Cindy Kemnitz recommended the Commission prohibit DataBytes Inc., T C Telephone LLC dba Horizon Cellular, and Wing Tel, Inc. from being able to do business in the State of South Dakota until all fees and penalties are paid.

Commissioner Nelson moved that the Commission assess a penalty for failure to pay the gross receipt tax to DataBytes Inc, T C Telephone LLC dba Horizon Cellular and Wing Tel, Inc. If the companies do not pay the delinquent Gross Receipts Tax that is due including a 10% penalty for each month of delinquency within 30 days, this matter shall be turned over to the State Obligation Recovery Center. The companies shall be prohibited from doing business in the State of South Dakota until all fees and penalties are paid in full. Motion carried 3-0.

/s/Janeth A. Merriman           .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
January 4, 2022