The South Dakota Governor has signed H.B. 1142, which provides for certain fabricators to apply for a sales and use tax refund. The bill, which becomes effective July 1, 2005, states that a contractor or subcontractor licensed pursuant to Chapter 10-46A or 10-46B may apply for a refund of South Dakota sales and use tax paid by such contractor if the following conditions are met: (1) the sales and use tax subject to the refund request was paid by the contractor or subcontractor requesting the refund for the use of tangible personal property; (2) the tangible personal property upon which the sales and use tax was paid was purchased by the contractor or subcontractor requesting the refund; (3) the tangible personal property upon which the sales and use tax was paid was fabricated by the contractor or subcontractor in South Dakota; (4) the fabricated tangible personal property was used outside of South Dakota by the contractor or subcontractor in the performance of a contract; (5) the fabricated tangible personal property is not returned to South Dakota; and (6) the fabricated tangible personal property is exempt from sales or use tax in the state where the contract is performed. The bill further states that the refund claims shall be submitted on a form prescribed the Secretary of the Department of Revenue. (H.B. 1142, South Dakota Department of Revenue and Regulation, effective July 1, 2005)