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26.575.13 101st Legislative Session 1089
2026 South Dakota Legislature
House Bill 1089
ENROLLED
AN ACT
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.
26.575.13 2 1089
HB1089 ENROLLED
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).
26.575.13 3 1089
HB1089 ENROLLED
An Act to modify the distributions of revenues collected from severance taxation on new
permits.
I certify that the attached Act originated in
the:
House as Bill No. 1089
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. 1089
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