2018 Senate Bill 159 - Printed

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

258Z0815   SENATE BILL   NO.  159  

Introduced by:    Senators Nesiba, Frerichs, Heinert, Kennedy, Killer, and Sutton and Representatives Ring, Ahlers, Bartling, and Hawley
 

        FOR AN ACT ENTITLED, An Act to revise the designated use of the additional net revenue from sales taxes collected from certain remote sellers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 10-64-9 be amended to read:
    10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote sellers who deliver tangible personal property, products transferred electronically, or services directly to the citizens of South Dakota, the additional net revenue from such obligation shall be used to reduce the rate of certain taxes taxation on food. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 imposed by chapters 10-45 and 10-46 shall be reduced by one-tenth one percent on July first following the calendar year for which each additional twenty ten million dollar increment of net revenue is collected and remitted by such remote sellers. However, the rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 may not be reduced below four

percent pursuant to the provisions of this section.