FOR AN ACT ENTITLED, An Act to  repeal the statutes concerning the imposition of the inheritance tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 10-40-2 be repealed.
     10-40-2.   A tax shall be imposed upon any transfer of property, real, personal, or mixed, or any interest therein or income therefrom, in trust or otherwise, to any person, association, or corporation except a county, township, or municipal corporation, within the state, for strictly county, township, or municipal purposes, in the following cases:

             (1)      When the transfer is by will or by intestate laws of this state from any person dying possessed of the property while a resident of the state;

             (2)      When a transfer is by will or intestate law, of property within the state or within its jurisdiction and the decedent was a nonresident of the state at the time of his death;

             (3)      When the transfer is of property made by a resident or by a nonresident when such nonresident's property is within this state, or within its jurisdiction, by deed, grant,

bargain, sale, or gift, made in contemplation of the death of the grantor, vendor, or donor, or intended to take effect in possession or enjoyment at or after such death.
     Section  2.  That §  10-40-1 and § §  10-40-3 to 10-40-28, inclusive, be repealed.
     Section  3.  This Act is effective on July 1, 2002.