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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
| 494H0464 |
SENATE TAXATION COMMITTEE ENGROSSED
NO.
SB 133
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02/01/2002
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Introduced by:
Senators Diedrich (Larry), Albers, Brosz, Daugaard, de Hueck, Dennert,
Diedtrich (Elmer), Duxbury, Greenfield, Hutmacher, Koetzle, Koskan,
McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Sutton (Dan),
Symens, and Vitter and Representatives Jaspers, Begalka, Broderick, Burg,
Derby, Flowers, Frost, Fryslie, Gillespie, Glenski, Hansen (Tom), Hanson
(Gary), Hargens, Holbeck, Hundstad, Hunhoff, Jensen, Juhnke, Klaudt,
Kooistra, Lange, Nachtigal, Olson (Mel), Peterson (Jim), Pitts, Sebert,
Sigdestad, Slaughter, Smidt, Sutton (Duane), Valandra, Van Gerpen, and
Wick
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34A-13-20 be amended to read as follows:
34A-13-20. A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by § § 10-47B-5 to 10-47B-10, inclusive, and 10-47B-13. None of the exemptions from fuel excise tax allowed in § 10-47B-19 shall apply to this fee. The parties required to pay the fuel excise tax under the provisions of § § 10-47B-21 to 10-47B-26, inclusive, and 10-47B-29 and 10-47B-31 are liable for payment of the petroleum release and tank inspection fee. In cases where the fuel is exempt from the fuel excise tax under the provisions of subdivisions 10-47B-19(1), (3), and (5), the supplier shall pay
the fee. Responsibility for payment of the fee ceases if the petroleum product is sold and
delivered by a licensed exporter outside of the state. The amount of the fee imposed is twenty
dollars per one thousand gallons of petroleum.
Beginning on January 1, 2003, the fee is ten
dollars per one thousand gallons of petroleum. The
Beginning January 1, 2003, fifty percent of
the revenue collected pursuant to this section shall be deposited monthly in the ethanol fuel fund
and fifty percent of the
revenue collected pursuant to this section shall be distributed monthly in
the following manner:
Section 2. That § 10-47B-162 be amended to read as follows:
10-47B-162. A production incentive payment of twenty cents per gallon is available to ethanol producers for ethyl alcohol which is fully distilled and produced in South Dakota. To be eligible for this payment, the ethyl alcohol shall be denatured and subsequently blended with gasoline to create ethanol blend. The ethyl alcohol shall be ninety-nine percent pure and shall be distilled from cereal grains. Annual production incentive payments for any facility may not exceed one million dollars. No facility may receive any production incentive payments in an
amount greater than ten million dollars. The cumulative annual production incentive payments
made under this section may not exceed
an amount which has been appropriated by the
Legislature for this purpose and has been deposited into the ethanol fuel fund in the state treasury
seven million dollars
. Payments from the ethanol fuel fund shall be made on a first in time basis
until the fiscal year appropriation is reached. During the month when the appropriation limit is
to be reached, all claims received by month end shall be reimbursed proportionately on a pro-rata
basis for each gallon claimed.
Section
3.
That
§
10-47B-164
be amended to read as follows:
10-47B-164.
Any money in the ethanol fuel fund is continuously appropriated for purposes
of providing ethanol production payments to qualified ethanol producers. The department may
receive and approve ethanol production incentive payment claims and authorize the issuance of
payment warrants to licensed ethanol producer claimants based on claims presented by the
licensees. At the end of each fiscal year, any unobligated cash in excess of one hundred thousand
dollars in the ethanol fuel fund shall be transferred to the state
capital construction
highway
fund.
