South Dakota Codified Laws
Chapter 50B - Escrow Fund For Tobacco Litigation
Section 10-50B-6 - Units sold defined.

10-50B-6. Units sold defined.
For the purposes of §§10-50B-1 to 10-50B-10, inclusive, the term, units sold, means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on packs bearing the excise tax stamp of the state, or on roll-your-own tobacco. The secretary of revenue shall promulgate, pursuant to chapter 1-26, such rules as are necessary to obtain information from any licensee, licensed under the authority of the Department of Revenue, to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year. The Department of Revenue may provide information obtained pursuant to this section as is necessary for a tobacco product manufacturer to compute its escrow payment under §10-50B-7.

Source: SL 1999, ch 60, §6; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2007, ch 66, §15; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 50B - Escrow Fund For Tobacco Litigation

Section 10-50B-1 - Legislative findings.

Section 10-50B-2 - Legislative intent.

Section 10-50B-3 - Definitions.

Section 10-50B-4 - Cigarette defined.

Section 10-50B-5 - Tobacco product manufacturer defined.

Section 10-50B-6 - Units sold defined.

Section 10-50B-7 - Requirements for tobacco product manufacturers selling cigarettes in state--Quarterly installment deposits.

Section 10-50B-8 - Tobacco product manufacturers to receive appreciation on funds--Funds released from escrow for specified purposes.

Section 10-50B-9 - Certification of compliance by tobacco product manufacturer--Civil action for non-compliance--Penalties.

Section 10-50B-10 - Each failure to make deposit a separate violation.

Section 10-50B-11 - Master Settlement Agreement monies to be deposited in education enhancement trust fund.

Section 10-50B-11.1 - Code provisions governing investment in education enhancement trust fund.

Section 10-50B-13 - Revocation of license--Hearing--Reinstatement.

Section 10-50B-15 - Assignment to state of manufacturer's interest in money in qualified escrow fund.

Section 10-50B-16 - Amendment of escrow agreement to execute assignment--Requirements--Delivery.

Section 10-50B-17 - Manufacturer not relieved of obligations by assignment.

Section 10-50B-18 - Cigarette importers--Tobacco product manufacturer--Joint and several liability--Escrow fund.

Section 10-50B-19 - State directory--Manufacturers--Surety bond--Amount.

Section 10-50B-20 - Disclosure of information--Purposes.