South Dakota 2025 Regular Session

South Dakota Senate Bill SB169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.348.19 100th Legislative Session 169
	1	+	25.348.18 100th Legislative Session 169
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 169
6		-	SENATE TAXATION ENGROSSED
7	6
8		-	This bill has been extensively amended (hoghoused) and may no longer be
9		-	consistent with the original intention of the sponsor.
	7	+
	8	+
	9	+
10	10
11	11
12	12		Introduced by: Senator Hulse
13	13
14	14		Underscores indicate new language.
15	15		Overstrikes indicate deleted language.
16		-	An Act to require a public hearing prior to a vote to impose an excess tax levy . 1
17		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18		-	Section 1. That a NEW SECTION be added to chapter 10-12: 3
19		-	At least ten days in advance of a vote to impose an excess tax levy pursuant to 4
20		-	§§ 10-12-43 or 10-12-43.1, the board of the school district shall publish, in a newspaper 5
21		-	of general circulation within the district, notice of its intent to impose an excess tax levy. 6
22		-	The notice must include: 7
23		-	(1) The maximum amount under consideration in excess of the limitations applicable 8
24		-	to the school district; 9
25		-	(2) The amount allowed to be imposed without an excess tax levy; and 10
26		-	(3) The date, time, and location of the public hearing at which the board will vote to 11
27		-	impose an excess tax levy. 12
28		-	If the board of the district maintains a website, the notice must be published on 13
29		-	the website, at least ten days in advance of the public hearing. 14
30		-	The board of the school district shall, at the public hearing, provide taxpayers with 15
31		-	an opportunity to comment on the excess tax levy. 16
32		-	Section 2. That a NEW SECTION be added to chapter 10-13: 17
33		-	At least ten days in advance of a vote to impose an excess tax levy pursuant to 18
34		-	§ 10-13-36, the governing body of a taxing district shall publish, in a newspaper of general 19
35		-	circulation within the district, notice of its intent to impose an excess tax levy. The notice 20
36		-	must include: 21
37		-	(1) The maximum amount under consideration in excess of the limitations applicable 22
38		-	to the taxing district; 23
39		-	(2) The amount allowed to be imposed without an excess tax levy; and 24 25.348.19 2 169
	16	+	An Act to require that taxing districts hold a public hearing when increasing property 1
	17	+	tax revenues relative to the previous year. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That chapter 10-12 be amended with a NEW SECTION: 4
	20	+	For purposes of sections 1 to 8, inclusive, of this Act, "revenue-neutral rate" means 5
	21	+	the tax rate for the current tax year that would generate the same property tax revenue 6
	22	+	as levied the previous tax year using the total taxable assessed valuation for the current 7
	23	+	tax year. 8
	24	+	To calculate the revenue-neutral rate, the county auditor shall divide the property 9
	25	+	tax revenue for a taxing district, levied in the previous tax year, by the total of all taxable 10
	26	+	assessed value in the taxing district for the current tax year, and multiply the quotient by 11
	27	+	one thousand. The revenue-neutral rate must be expressed to the third decimal place. 12
	28	+	Section 2. That chapter 10-12 be amended with a NEW SECTION: 13
	29	+	On or before June fifteenth of each year, the county auditor shall calculate the 14
	30	+	revenue-neutral rate for each taxing district within the county. The revenue-neutral rate 15
	31	+	must be included on the notice of the estimated assessed valuation provided to each 16
	32	+	taxing district for budget purposes. 17
	33	+	Section 3. That chapter 10-12 be amended with a NEW SECTION: 18
	34	+	The property tax revenue generated from a proposed tax levy of a taxing district 19
	35	+	may not exceed the property tax revenue that would be generated in accordance with the 20
	36	+	revenue-neutral rate, unless the proposed tax levy has been approved by the governing 21
	37	+	body of the taxing district. 22
	38	+	Section 4. That a NEW SECTION be added to chapter 10-12: 23 25.348.18 2 169
40	39		Underscores indicate new language.
41	40		Overstrikes indicate deleted language.
42		-	(3) The date, time, and location of the public hearing at which the governing body will 1
43		-	vote to impose an excess tax levy. 2
44		-	If the governing body of the district maintains a website, the notice must be 3
45		-	published on the website, at least ten days in advance of the public hearing. 4
46		-	The governing body of the district shall, at the public hearing, provide taxpayers 5
47		-	with an opportunity to comment on the excess tax levy. 6
	41	+	Prior to the approval of a tax levy pursuant to section 3 of this Act, the governing 1
	42	+	body of a taxing district shall hold a public hearing on the taxing district's proposal to 2
	43	+	exceed the revenue-neutral rate for the following tax year and provide interested 3
	44	+	taxpayers an opportunity to present oral testimony, within reasonable time limits and 4
	45	+	without unreasonable restriction on the number of individuals allowed to make public 5
	46	+	comment. 6
	47	+	The hearing may be held no earlier than August twentieth and no later than 7
	48	+	September twentieth. 8
	49	+	Section 5. That a NEW SECTION be added to chapter 10-12: 9
	50	+	At least ten days in advance of a public hearing held in accordance with section 4 10
	51	+	of this Act, the governing body of the taxing district shall publish, in a newspaper of 11
	52	+	general circulation within the taxing district, notice of its proposed intent to exceed the 12
	53	+	revenue-neutral rate. The notice must include: 13
	54	+	(1) The proposed tax rate of the taxing district; 14
	55	+	(2) The taxing district's revenue-neutral rate; and 15
	56	+	(3) The date, time, and location of the public hearing. 16
	57	+	If the governing body of the taxing district maintains a website, the notice must 17
	58	+	be published on the website, at least ten days in advance of the public hearing. 18
	59	+	Section 6. That a NEW SECTION be added to chapter 10-12: 19
	60	+	On or before July twentieth, the governing body shall notify the county auditor of 20
	61	+	its proposed intent to exceed the revenue-neutral rate pursuant to section 3 of this Act. 21
	62	+	The governing body shall provide to the county auditor the date, time, and location of the 22
	63	+	public hearing held in accordance with section 4 of this Act and the proposed tax rate. 23
	64	+	The county auditor shall notify each taxpayer with property in the taxing district, 24
	65	+	by mail directed to the taxpayer’s last known address, of the proposed intent to exceed 25
	66	+	the revenue rate, at least ten days in advance of the public hearing. Alternatively, the 26
	67	+	county auditor may transmit the notice to the taxpayer by electronic means, at least ten 27
	68	+	days in advance of the public hearing, if the taxpayer has consented in writing to service 28
	69	+	by electronic means. Costs associated with the notice must be borne by the governing 29
	70	+	body having jurisdiction over the taxing district, in proportion to the property tax levied 30
	71	+	by each taxing district holding a public hearing required under this Act, with payment due 31
	72	+	to the county auditor by December thirty-first. 32 25.348.18 3 169
	73	+	Underscores indicate new language.
	74	+	Overstrikes indicate deleted language.
	75	+	The county auditor shall consolidate the required information for all taxing districts 1
	76	+	within the county, relevant to the taxpayer’s property, on one notice. The notice must 2
	77	+	include: 3
	78	+	(1) The revenue-neutral rate; 4
	79	+	(2) The proposed property tax revenue needed to fund the proposed budget; 5
	80	+	(3) The proposed tax rate based upon the proposed budget and the current year's total 6
	81	+	assessed valuation; 7
	82	+	(4) The tax rate and property tax of the taxing district on the taxpayer's property from 8
	83	+	the previous year's tax statement; 9
	84	+	(5) The proposed percent change in the tax rate between the previous year’s tax rate 10
	85	+	and the proposed tax rate for the current year; 11
	86	+	(6) The taxable value and assessed value of the taxpayer’s property for the current 12
	87	+	year; 13
	88	+	(7) The estimates of the tax for the current tax year on the taxpayer’s property based 14
	89	+	on the revenue-neutral rate and the proposed tax rate; and 15
	90	+	(8) The date, time and location of the public hearing. 16
	91	+	Section 7. That a NEW SECTION be added to chapter 10-12: 17
	92	+	A majority vote of the governing body of the taxing district, by the adoption of a 18
	93	+	resolution or ordinance to exceed the revenue -neutral rate, is required prior to the 19
	94	+	adoption of the proposed tax levy in excess of the revenue-neutral rate. The vote must 20
	95	+	be conducted at the public hearing held in accordance with section 4 of this Act, after the 21
	96	+	governing body has heard from interested taxpayers. 22
	97	+	Section 8. That chapter 10-12 be amended with a NEW SECTION: 23
	98	+	In addition to any other remedies permitted by law, a taxing district that levies or 24
	99	+	approves taxes in excess of the revenue produced by the revenue -neutral rate without 25
	100	+	satisfying the provisions of this Act, shall refund to taxpayers the amount of the levy that 26
	101	+	was in excess of the revenue-neutral rate levy. 27