State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

249T0237   HOUSE BILL   NO.  1105  

Introduced by:    Representatives Hawley, Blake, Bolin, Dennert, Fargen, Gibson, Kirschman, Schrempp, Sigdestad, Sly, Street, White, Willadsen, and Wismer and Senators Maher, Buhl, Frerichs, Juhnke, Rampelberg, Sutton, and Tidemann
 

        FOR AN ACT ENTITLED, An Act to increase the energy minerals severance tax and to deposit the additional revenue in the education enhancement trust fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 10-39A-1 be amended to read as follows:
    10-39A-1. For the privilege of severing energy minerals in this state, there is imposed on the owner or operator of any energy mineral an excise tax, to be termed a "severance tax," equal to four and one-half nine percent of the taxable value of any energy minerals severed and saved by or for the owner or operator.
    Section 2. That § 10-39A-8 be amended to read as follows:
    10-39A-8. All taxes, interest and penalties imposed and collected by the secretary of revenue under this chapter shall be distributed as follows:
            (1)    One-half Twenty-five percent shall be returned to the county in which the energy minerals or mineral products were severed;
            (2)    One-half share Twenty-five percent shall be paid into the state treasury and credited

to the general fund; and

            (3)    Fifty percent shall be paid into the education enhancement trust fund as provided in S.D. Const., Art. XII, § 6.