AMENDMENT FOR HOUSE STATE AFFAIRS COMMITTEE ENGROSSED BILL
1265wd

___________________ moved that HB 1265 be amended as follows:


    On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 10-64-9 be amended to read:

    10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote sellers who deliver tangible personal property, products transferred electronically, or services directly to the citizens of South Dakota, the additional net revenue from such obligation shall be used to reduce the rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on July first following the calendar year for which each additional twenty million dollar increment of net revenue is collected and remitted by such remote sellers. However, the rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 may not be reduced below four percent pursuant to the provisions of this section. The Department of Revenue shall prepare and submit to the Joint Committee on Appropriations, no later than the twenty-first legislative day, calculations of actual revenue reported during the immediately preceding calendar year under §§ 10-64-2 and 10-65-5. The calculation of revenue reported under § 10-64-2 may not include any revenue reported prior to November 1, 2018. If the revenue reported in a calendar year exceeds the revenue reported in the immediately preceding calendar year by at least twenty million dollars, the committee may introduce legislation to reduce the rate of tax under §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58. 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 by one-tenth percent for each increment of twenty million dollars. The rate of tax reduced under this section may not be less than four percent. "