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 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:
2003, twenty-one and three-tenths percent shall be deposited in the petroleum release
compensation fund.
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. An
ethanol production facility is eligible for a production incentive payment under this section only if the
facility has produced qualifying ethyl alcohol on or before December 31, 2006. 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 four million
dollars for fiscal year 2003, five million dollars for fiscal year 2004, six million dollars for fiscal year
2005, and seven million dollars thereafter. 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 highway fund.
Section 4. That § 5-27-5 be amended to read as follows:
5-27-5. During fiscal year 1999, the Bureau of Finance and Management shall transfer each month three and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning in fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month three and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning on January 1, 2003, the Bureau of Finance and Management shall transfer each month two and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund.
Section 5. On or about April 1, 2002, the state treasurer shall transfer the sum of fifteen million dollars ($15,000,000) from the petroleum release compensation fund to the state highway fund.
Section 6. That § 34A-13-54 be amended to read as follows:
34A-13-54. Except at sites determined to be high risk by the secretary of the Department of Environment and Natural Resources using risk-based corrective action criteria, the director shall suspend payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the balance of the fund is two million dollars or below. The director shall resume payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the fund balance exceeds two million dollars. Except as provided in § § 34A-13-49 to 34A-13-54, inclusive, all other limits of coverage, conditions, and criteria in this chapter apply to tank pulling and corrective action taken at abandoned sites.
Section 7. 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.
An Act to revise the distribution of revenue from the petroleum release compensation and tank inspection fee, to transfer certain funds, and to declare an emergency.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
133
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Secretary of the Senate
President of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Chief Clerk
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
Governor
STATE OF SOUTH DAKOTA,
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
By _________________________
Asst. Secretary of State
