ENTITLED An Act to modify the distributions of revenues collected from severance taxation on new permits.

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

Section 1. That § 10-39-54 be AMENDED:

10-39-54. All taxes, interest and penalties imposed and collected by the secretary of revenue under this chapter must be distributed as follows:

(1) For persons severing precious metals that were in business in the state prior to January 1, 1981, all revenues collected must be deposited in the state treasury and credited to the general fund;

(2) For persons permitted on or after January 1, 1981, but before July 1, 2026, for the purpose of severing precious metals, eighty percent of the revenues collected must be deposited in the state treasury and credited to the general fund, while the remaining twenty percent must be remitted by the secretary of the department to the treasurer of the county in which the precious metals were severed. When the county has received a total of one million dollars attributable to any person subject to the tax, all future revenues attributable to that person must be deposited in the state treasury and credited to the general fund. No merger, consolidation or acquisition of a person subject to §§ 10-39-54 to 10-39-54.4, inclusive, by another such person, limits the share of revenue due to the county from the person; and

(3) For persons permitted on or after July 1, 2026, for the purpose of severing precious metals, eighty percent of the revenues collected must be deposited in the state treasury and credited to the general fund, while the remaining twenty percent must be remitted by the secretary of the department to the treasurer of the county in which the precious metals were severed. No merger, consolidation or acquisition of a person subject to §§ 10-39-54 to 10-39-54.4, inclusive, by another such person limits the share of revenue due to the county from the person.

Any revenues attributed to the severance of precious metals from lands owned or controlled by this state must be deposited in the common school permanent fund.

Section 2. That § 10-39-54.1 be AMENDED:

10-39-54.1. The secretary of the department shall transfer, by the end of the calendar month following each reporting period, the revenue payable to a county pursuant to subdivisions 10-39-54(2) and (3).

An Act to modify the distributions of revenues collected from severance taxation on new permits.