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2023 House Bill 1034 - SD Legislature modify tax refunds for elderly persons and persons with a disability, to make an appropriation therefor, and to declare an emergency.

23.325.19 98th Legislative Session 1034

2023 South Dakota Legislature

House Bill 1034

ENROLLED

An Act

ENTITLED An Act to modify tax refunds for elderly persons and persons with a disability, to make an appropriation therefor, and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. There is hereby appropriated from the general fund the sum of $450,000 to the Department of Revenue, for purposes of providing refunds for real property tax and sales tax to elderly and disabled persons pursuant to chapters 10-18A and 10-45A. A portion of the appropriated sum not to exceed twenty thousand dollars may be used for the administrative costs of this Act.

Section 2. The secretary of the Department of Revenue shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2024, shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 4. That § 10-18A-5 be AMENDED:

10-18A-5. The amount of refund of real property taxes due or paid for a single-member household made pursuant to this chapter shall be according to the following schedule:

The refund of real

If household income is

property taxes due

more than:

but not more than

or paid shall be

$ 0

$8,949

35%

8,950

9,199

34%

9,200

9,449

33%

9,450

9,699

32%

9,700

9,949

31%

9,950

10,199

30%

10,200

10,449

29%

10,450

10,699

28%

10,700

10,949

27%

10,950

11,199

26%

11,200

11,449

25%

11,450

11,699

24%

11,700

11,949

23%

11,950

12,199

22%

12,200

12,449

21%

12,450

12,699

20%

12,700

12,949

19%

12,950

13,199

18%

13,200

13,449

17%

13,450

13,699

16%

13,700

13,949

15%

13,950

14,199

14%

14,200

14,449

13%

14,450

14,699

12%

14,700

14,949

11%

over 14,949

No refund

Section 5. That § 10-18A-6 be AMENDED:

10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member household made pursuant to this chapter shall be according to the following schedule:

The refund of real

If household income is

property taxes due

more than:

but not more than

or paid shall be

$ 0

$13,841

55%

13,842

14,191

53%

14,192

14,541

51%

14,542

14,891

49%

14,892

15,241

47%

15,242

15,591

45%

15,592

15,941

43%

15,942

16,291

41%

16,292

16,641

39%

16,642

16,991

37%

16,992

17,341

35%

17,342

17,691

33%

17,692

18,041

31%

18,042

18,391

29%

18,392

18,741

27%

18,742

19,091

25%

19,092

19,441

23%

19,442

19,791

21%

19,792

20,141

19%

over 20,141

No refund

Section 6. That § 10-45A-5 be AMENDED:

10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one person shall be determined as follows:

(1) If the claimant's income is eight thousand nine hundred forty-nine dollars or less, a sum of two hundred fifty-eight dollars;

(2) If the claimant's income is eight thousand nine hundred fifty and not more than fourteen thousand nine hundred forty-nine dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between fourteen thousand nine hundred forty-nine dollars and the income of the claimant; and

(3) If the claimant's income is more than fourteen thousand nine hundred forty-nine dollars, no refund.

Section 7. That § 10-45A-6 be AMENDED:

10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one person shall be determined as follows:

(1) If household income is thirteen thousand eight hundred forty-one dollars or less, the sum of five hundred eighty-one dollars;

(2) If household income is thirteen thousand eight hundred forty-two dollars and not more than twenty thousand one hundred forty-one dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between twenty thousand one hundred forty-one dollars and total household income; and

(3) If household income is more than twenty thousand one hundred forty-one dollars, no refund.

Section 8. 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 modify tax refunds for elderly persons and persons with a disability, to make an appropriation therefor, and to declare an emergency.

I certify that the attached Act originated in the:

House as Bill No. 1034

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1034

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2023 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2023

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2023

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State