FOR AN ACT ENTITLED, An Act to provide increased funding for the maintenance of state and local highways and roads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 10-47B-4 be amended to read as follows:
     10-47B-4.   The fuel excise tax rates for the tax imposed by this chapter are as follows:

             (1)      Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) - $.18 $.21 per gallon;

             (2)      Special fuel (except jet fuel) - $.18 $.21 per gallon;

             (3)      Ethanol blends - $.16 $.19 per gallon;

             (4)      Aviation gasoline -$.06 per gallon;

             (5)      Jet fuel -$.04 per gallon;

             (6)      E85 and M85 - $.06 $.09 per gallon;

             (7)      E85 and M85 used in aircraft -$.04 per gallon;

             (8)      Liquid petroleum gas - $.16 $.19 per gallon;

             (9)      Compressed natural gas - $.06 $.09 per gallon.
     Section  2.  That § 32-5-6 be amended to read as follows:
     32-5-6.   License fees and compensation on a noncommercial motor vehicle which is an

automobile, pickup truck, or van as provided by §   32-5-5, shall be determined by the manufacturer's shipping weight, including accessories, as follows:

             (1)      Two thousand pounds or less, inclusive, twenty thirty-two dollars;

             (2)      From 2,001 to 4,000 pounds, inclusive, thirty forty-two dollars;

             (3)      From 4,001 to 6,000 pounds, inclusive, forty fifty-two dollars . ;

             (4)      to (11) Repealed by SL 1992, ch 26, §   7 From 6,001 to 8,000 pounds, inclusive, sixty-two dollars;

             (5)    From 8,001 to 10,000 pounds, inclusive, seventy-two dollars .
     Section  3.  That § 32-5-6.1 be amended to read as follows:
     32-5-6.1.   License fees and compensation on recreational motor buses as defined by this section shall be determined pursuant to §   32-5-6.3. However, the maximum license fee and compensation for a recreational motor bus shall be one hundred and twelve dollars. For the purposes of this section the term, recreational motor bus, means a motor bus which has been converted for recreational purposes subsequent to the initial retail sale.
     Section  4.  That § 32-5-6.3 be amended to read as follows:
     32-5-6.3.   License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van as provided by licensed pursuant to §   32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:

             (1)      Eight thousand pounds or less, inclusive, forty-eight sixty dollars;

             (2)      For each additional 2,000 pounds or major fraction thereof from 8,001 to 32,000 pounds, inclusive, three dollars;

             (3)      For each additional 2,000 pounds or major fraction thereof from 32,001 to 54,000 pounds, inclusive, six dollars;

             (4)      For each additional 2,000 pounds or major fraction thereof from 54,001 to 80,000 pounds, inclusive, eighteen dollars;

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             (5)      For each additional 2,000 pounds or major fraction thereof in excess of 80,000 pounds, twenty-four dollars.

     It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed.
     Section  5.  That § 32-5-8 be amended to read as follows:
     32-5-8.   License fees and compensation for any recreational vehicle as defined in §  32-3-1 or for any noncommercial trailer and semitrailer, for use of the highways payable under §   32-5-5 and pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to §   32-5-6, shall be determined upon the basis of their actual weight as follows:

             (1)      One thousand pounds or less, inclusive, five seven dollars;

             (2)      From 1,001 to 2,000 pounds, inclusive, fifteen seventeen dollars;

             (3)      From 2,001 to 3,000 pounds, inclusive, twenty-five twenty-seven dollars;

             (4)      From 3,001 to 4,000 pounds, inclusive, thirty-five thirty-seven dollars;

             (5)      From 4,001 to 5,000 pounds, inclusive, forty-five forty-seven dollars;

             (6)      From 5,001 to 6,000 pounds, inclusive, fifty-five fifty-seven dollars;

             (7)      From 6,001 to 7,000 pounds, inclusive, sixty-five sixty-seven dollars;

             (8)      From 7,001 to 8,000 pounds, inclusive, seventy-five seventy-seven dollars;

             (9)      From 8,001 to 9,000 pounds, inclusive, eighty-five eighty-seven dollars;

             (10)      From 9,001 to 10,000 pounds, inclusive, ninety-five ninety-seven dollars;

             (11)      For each additional 1,000 pounds or major fraction thereof, in excess of 10,000 pounds, ten dollars.

     Any trailer or semitrailer licensed pursuant to this section may be pulled by a noncommercial motor vehicle licensed pursuant to §   32-5-8.1 or a commercially licensed motor vehicle if the motor vehicle is registered at a gross weight to cover the weight of the trailer and its load.
     Section  6.  That § 32-5-8.1 be amended to read as follows:

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     32-5-8.1.   Each trailer or semitrailer pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to §   32-5-6.3 shall have an identification plate displayed in a conspicuous manner. The fee for the identification plate is ten dollars. The identification plate is valid for the useful life of the trailer or semitrailer. However, if the title to the trailer or semitrailer is transferred, the new owner shall within thirty days of the date of transfer make application to the department for a new identification plate. All revenue raised by the fees shall be placed in the license plate special revenue fund. However, no identification plate may be displayed on a recreational vehicle as defined in §  32-3-1. Such a recreational vehicle shall be licensed pursuant to §  32-5-8.
     Section  7.  That § 32-5-9 be amended to read as follows:
     32-5-9.   License fees and compensation for use of the highways payable under §   32-5-5 shall be: seven nine dollars and fifty cents for motorcycles with a piston displacement of less than three hundred fifty cubic centimeters and ten twelve dollars for motorcycles with a piston displacement of three hundred fifty cubic centimeters or more.
     Section  8.  That § 32-6B-21 be amended to read as follows:
     32-6B-21.   The department shall issue metal numerical license plates to licensed dealers upon application and payment of a thirty forty-two dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in § §   32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number " 77 " . The plates may be issued for a multiple year period. If a dealer's license is revoked or canceled or the dealer goes out of business the " 77 " plates shall be returned to the department. If any person operates a motor vehicle with " 77 " plates after the dealer license is revoked or canceled or after the dealer goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.
     Section  9.  That § 32-11-4.1 be amended to read as follows:

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     32-11-4.1.   All funds collected for motor vehicle licenses in each county shall be distributed in the following manner:

             (1)      Fifty-four Fifty-seven percent of all funds collected shall be transmitted to the secretary of revenue , from which one million thirty-three thousand two hundred sixty- nine dollars and ten cents shall be forwarded to the counties for deposit in the special highway fund of the county, in the same amount as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to §  41-6-70, and the balance shall be credited to the local government highway and bridge fund;

             (1A)      Twenty-two and one-half percent shall be credited to the general fund of the county in which they were collected;

             (2)      Fourteen percent shall be retained by the county and placed in a fund to be known as the special highway fund, which shall be used for the construction, reconstruction, and maintenance of roads and bridges in the county as provided by this section and § §   32-11-5 to 32-11-9, inclusive. If the county in which funds are collected for motor vehicle licenses has completed the construction of the county highway system, the entire amount in the special highway fund shall be used for township roads, and the board of county commissioners may direct the county auditor to pay the collected amount directly to the townships pursuant to § §   32-11-6 and 32-11-7;

             (3)      Five percent shall be forwarded to the municipalities within the counties in the following proportions: each municipality within each county shall receive funds in the proportion which the total street mileage of each municipality bears to the total street mileage of all the municipalities within the county. The apportionment shall be made quarterly by the county commissioners at the first meeting in January, April, July, and October. In any county having no municipalities, the five percent collection shall be

placed in the county road and bridge fund of the county;

             (4)      Two One-half percent shall be credited to the state motor vehicle fund; and

             (5)      Two and one-half One percent shall be credited to the state license plate special revenue fund.
     Section  10.  That § 32-11-29 be amended to read as follows:
     32-11-29.   The following fees:

             (1)      Fees collected under § §   32-3-57, 32-5-99, 32-5-111, and 32-7A-14.1;

             (2)      The two percent of motor vehicle license collections referred to in §   32-11-4.1 subdivision 32-11-4.1(4) ;

             (3)      The title fees collected under § §   32-3-18 and 32-3-27;
shall be credited to the state motor vehicle fund. All revenues not appropriated from the special revenue fund established by §   32-5-10.2 shall remain in the fund for the next fiscal year and be used solely for purposes of motorcycle safety courses and motorcycle safety education.