26.906.15 101st Legislative Session 1233

2026 South Dakota Legislature

House Bill 1233

ENROLLED

An Act

ENTITLED An Act to modify provisions for a tax collection agreement with an Indian tribe.

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

Section 1. That § 10-12A-4 be AMENDED:

10-12A-4. The department may enter into tax collection agreements with any Indian tribe under the provisions of this chapter and chapter 1-24. These agreements may provide for the collection of any of the following state taxes and any tribal taxes imposed by a tribe that are identical to the following state taxes:

(1) The retail sales and service tax imposed by chapter 10-45, including the application thereof under chapters 10-64 and 10-65;

(2) The use tax imposed by chapter 10-46, including the application thereof under chapters 10-64 and 10-65;

(3) The contractors' excise tax imposed by chapter 10-46A;

(4) The alternate contractors' excise tax imposed by chapter 10-46B;

(5) The cigarette tax imposed by chapter 10-50;

(6) The motor vehicle excise tax imposed by chapter 32-5B;

(7) The fuel excise tax imposed by chapter 10-47B;

(8) The wholesale tax on tobacco products imposed by chapter 10-50;

(9) The amusement device tax imposed by chapter 10-58;

(10) The gross receipts tax on visitor related businesses imposed by chapter 10-45D; and

(11) The excise tax on farm machinery, attachment units, and irrigation equipment imposed by chapter 10-46E.

The agreement may provide for the retention by the department of an agreed-upon percentage of the gross revenue as an administrative fee.

An Act to modify provisions for a tax collection agreement with an Indian tribe.

I certify that the attached Act originated in the:

House as Bill No. 1233

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1233

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2026 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2026

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State