South Dakota HB 1089: revise provisions regarding electronic livestock auctions.

Bill Text

26.575.12 101st Legislative Session 1089

2026 South Dakota Legislature
House Bill 1089

Introduced by: Representative Fitzgerald

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to modify the distributions of revenues collected from severance taxation on 1
new permits. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 10-39-54 be AMENDED: 4
10-39-54. All taxes, interest and penalties imposed and collected by the secretary 5
of revenue under this chapter shall must be distributed as follows: 6
(1) For persons severing precious metals that were in business in the state prior to 7
January 1, 1981, all revenues collected shall must be deposited in the state 8
treasury and credited to the general fund; 9
(2) For persons permitted on or after January 1, 1981, but before July 1, 2026, for the 10
purpose of severing precious metals, eighty percent of the revenues collected shall 11
must be deposited in the state treasury and credited to the general fund, while the 12
remaining twenty percent shall must be remitted by the secretary of revenue the 13
department to the treasurer of the county in which the precious metals were 14
severed. When the county has received a total of one million dollars attributable to 15
any person subject to the tax, all future revenues attributable to that person shall 16
must be deposited in the state treasury and credited to the general fund. No 17
merger, consolidation or acquisition of a person subject to §§ 10-39-54 to 10-39-18
54.4, inclusive, by another such person shall limit, limits the share of revenue due 19
to the county from the person so acquired; and 20
(3) For persons permitted on or after July 1, 2026, for the purpose of severing precious 21
metals, eighty percent of the revenues collected must be deposited in the state 22
treasury and credited to the general fund, while the remaining twenty percent must 23
be remitted by the secretary of the department to the treasurer of the county in 24
which the precious metals were severed. No merger, consolidation or acquisition 25

26.575.12 2 1089
Underscores indicate new language.
Overstrikes indicate deleted language.
of a person subject to §§ 10-39-54 to 10-39-54.4, inclusive, by another such 1
person limits the share of revenue due to the county from the person. 2
However, any Any revenues attributed to the severance of precious metals from 3
lands owned or controlled by the State of South Dakota shall this state must be deposited 4
in the common school permanent fund. 5
Section 2. That § 10-39-54.1 be AMENDED: 6
10-39-54.1. The secretary of revenue the department shall transfer, by the end 7
of the calendar month next succeeding following each reporting period, the revenue 8
payable to a county pursuant to subdivision § subdivisions 10-39-54(2) and (3). 9