State of South Dakota
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NINETY-FOURTH SESSION LEGISLATIVE ASSEMBLY, 2019 |
742B0138 | HOUSE BILL NO. 1265 |
Introduced by: Representatives Karr, Bartels, Gosch, Howard, Koth, Pischke, and Post
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FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclosure of tax
returns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-1-28.4 be amended to read:
10-1-28.4. Returns and return information may be disclosed to the following:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-1-28.4 be amended to read:
10-1-28.4. Returns and return information may be disclosed to the following:
(1) The taxpayer who is required to submit the information to the department, or the
taxpayer's designee appointed in writing;
(2) Other states, in accordance with agreements executed pursuant to § 10-1-13.1;
(3) Any agency, body, commission, or legal representative of the United States charged
with the administration of the United States tax laws for the purpose of, and only to
the extent necessary in, the administration of such laws;
(4) Officers, employees, or legal representatives of the Department of Revenue, but only
to the extent necessary to carry out their official duties;
(5) Officers, employees, or legal representatives of any other state agency or department
or political subdivision of the state for a civil or criminal law enforcement activity,
if the agency, department, or political subdivision desiring such information has
made a written request to the secretary specifying the particular information desired
and the law enforcement activity for which the information is sought;
(6) Officers, employees, or legal representatives of the commission on gaming and the
lottery commission for the purpose of, and only to the extent necessary for, the
administration of chapters 42-7A and 42-7B; and
(7) The director of the Legislative Research Council for the purpose of preparing and
submitting independent projections under §§ 4-8-28 and 4-8A-16 and any estimate
of the effect on the revenues, expenditures, or fiscal liability of the state or any
political subdivision of the state by any bill, amendment, resolution, initiated
amendment to the constitution, initiated measure, or referred law.
Section 2. That chapter 4-7 be amended by adding a NEW SECTION to read:
Section 2. That chapter 4-7 be amended by adding a NEW SECTION to read:
The secretary of revenue shall upon request provide to the director of the Legislative
Research Council any taxpayer return or return information as defined under § 10-1-28.1 for the
purpose of preparing and submitting independent projections under §§ 4-8-28 and 4-8A-16 and
any estimate of the effect on the revenues, expenditures, or fiscal liability of the state or any
political subdivision of the state by any bill, amendment, resolution, initiated amendment to the
constitution, initiated measure, or referred law. The director may not release, provide, share, or
otherwise disclose any information received under this section with any legislator, other public
agency or public body, or any other person who is not employed within the Fiscal division of
the Legislative Research Council.