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State of South Dakota
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EIGHTY-FIFTH SESSION LEGISLATIVE ASSEMBLY, 2010 |
| 348R0299 | HOUSE TAXATION ENGROSSED NO. HB 1246 - 2/18/2010 |
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Introduced by: Representatives Frerichs, Brunner, Burg, Cronin, Engels, Hunhoff (Bernie),
Killer, Kirkeby, Noem, Rausch, Rounds, Russell, and Verchio and Senators
Rhoden, Knudson, Merchant, and Turbak Berry
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FOR AN ACT ENTITLED, An Act to revise the definition of new business facilities that are
eligible for certain tax refunds and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-45B-1.1 be amended to read as follows:
10-45B-1.1. For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-45B-1.1 be amended to read as follows:
10-45B-1.1. For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:
(1) Used predominantly for the sale of products at retail, other than the sale of electricity
at retail, to individual consumers;
(2) Used predominantly for residential housing or transient lodging;
(3) Used predominantly to provide health care services; or
(4) That is not subject to ad valorem real property taxation or equivalent taxes measured
by gross receipts; or
(5) Used predominantly for the transportation or transmission of oil or crude oil by
means of a pipeline.
Section 2. The provisions of this Act apply to any project where the construction date is after the effective date of this Act.
Section 2. The provisions of this Act apply to any project where the construction date is after the effective date of this Act.
The provisions of chapter 10-45B in effect prior to the effective date of this Act apply to any
project where the construction date was before the effective date of this Act.
Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.
Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.
