South Dakota 2026 Regular Session

South Dakota Senate Bill SB7

Introduced
1/13/26  

Caption

Modify the tax rate on gold severed in this state.

Summary

SB 7 changes South Dakota’s severance tax on gold. Under current law, the tax is stated as four dollars per ounce of gold severed in the state; the bill replaces that flat per-ounce amount with a tax equal to one percent of the market value of the gold severed. The bill also keeps the existing definition of market value, tying it to the average London Bullion Market Association gold price over the calendar quarter in which the gold was severed. In practical terms, the bill would shift the tax from a fixed amount per ounce to a value-based tax that rises and falls with gold prices. That means the amount owed by gold producers would depend on the market price during the relevant quarter rather than a set dollar figure. The bill affects the state’s severance tax statute governing precious metals extraction, specifically the tax imposed on gold severed in South Dakota. The available voting history shows the bill received a 7-0 vote to defer it to the 41st legislative day, suggesting no recorded opposition at that stage but also no immediate advancement. There are no committee transcripts provided, so there is no direct record of debate or stakeholder testimony in the materials supplied. Based on the bill text and the vote, the general sentiment appears neutral to mildly supportive, with the measure at least moving through committee without dissent. However, the deferment indicates the bill was not yet ready for final action, which may reflect procedural timing, further review, or unresolved policy questions rather than substantive opposition. The main point of contention, if any, would likely be the policy choice between a flat severance tax and a percentage-of-value tax. A value-based tax can increase state revenue when gold prices are high and reduce it when prices are low, which may be viewed differently by state revenue interests and mining operators. No specific objections or amendments are documented in the provided materials.

Impact

SB 7 would amend South Dakota Codified Law § 10-39-43, changing the severance tax on gold from a fixed four dollars per ounce to one percent of the gold’s market value. This directly affects gold mining and mineral extraction operations in South Dakota by altering how tax liability is calculated and potentially changing state severance tax revenue over time. The bill leaves the market-value benchmark intact, continuing to use the average London Bullion Market Association price for the calendar quarter of severance.

Sentiment

The recorded vote was unanimous, 7-0, to defer the bill to the 41st legislative day, which suggests no visible opposition in the committee action provided. With no committee transcripts available, there is no detailed public debate to assess, but the available record indicates the bill was not controversial at that stage. Overall sentiment appears procedurally cautious rather than divided, with the measure still under consideration.

Contention

The likely policy debate centers on whether South Dakota should tax severed gold at a fixed per-ounce rate or as a percentage of market value. Supporters of the change may favor a tax structure that tracks commodity prices and better reflects the value of production, while opponents may worry about higher or less predictable tax burdens on mining companies when gold prices rise. No specific lawmakers, industry groups, or public witnesses are identified in the provided materials, and no explicit objections are recorded.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.