South Dakota 2025 Regular Session

South Dakota Senate Bill SB191

Introduced
2/4/25  
Refer
2/4/25  
Report Pass
2/21/25  
Engrossed
2/25/25  
Refer
2/26/25  
Report Pass
3/5/25  

Caption

Limit annual valuation increases on owner-occupied single-family dwellings and provide an exception for mill rate limitations on taxing districts.

Impact

If enacted, SB191 would push amendments to existing property tax assessment laws, changing how assessments are calculated specifically for owner-occupied single-family homes. The established cap of three percent could significantly affect local taxing districts, as these districts would also need to adjust their mill rates accordingly. Notably, the bill includes provisions that prevent the limitation in home valuation from causing increased taxes on non-agricultural properties, promoting a balanced fiscal approach while protecting homeowner interests.

Summary

Senate Bill 191 aims to impose limitations on annual valuation increases for owner-occupied single-family dwellings within South Dakota. The bill seeks to reduce the financial burden on homeowners by capping the annual increase in assessed property value at no more than three percent, as determined from a set base value established as of November 1, 2020. The legislation is grounded in principles established by the Nordlinger v. Hahn case, which emphasizes the constitutionality of basing property tax assessments on purchase price rather than fluctuating market values. This aims to stabilize property taxes, ensuring that homeowners are protected against rapid increases linked to rising real estate values.

Sentiment

The sentiment surrounding SB191 is largely supportive among homeowner groups and advocates for affordable housing, who view this legislation as a step towards reducing the financial strain on families. Proponents argue that this bill will create a safeguard for residents in an unpredictable real estate market. However, some local government officials and tax assessors express concerns that such limitations could restrict their ability to generate necessary revenue from property taxes, potentially impacting local services and infrastructure funding.

Contention

A notable point of contention in the discussions around SB191 is the potential impact on local governments’ fiscal capabilities. Critics worry that the limitations imposed by the bill may hinder the ability of these entities to respond to budgetary needs effectively. Some stakeholders believe that while protecting homeowners from increasing taxes is essential, it may also disrupt the balance of funding necessary for maintaining essential local services. The debates highlight a broader conflict between protecting individual homeowner interests and ensuring robust local government revenues.

Companion Bills

No companion bills found.

Previously Filed As

SD SB167

Limit annual valuation increases on owner-occupied single-family dwellings.

SD HB1040

Limit annual valuation increases on owner-occupied single-family dwellings.

SD HB1141

Provide property tax relief for owner-occupied single-family dwellings.

SD HB1043

Make an exemption from certain property taxation for owner-occupied single-family dwellings.

SD HB1149

Revise the classification of owner-occupied single-family dwellings to include more than one attached or unattached garage.

SD SB131

Remove certain limitations on property tax levy increases.

SD SB51

Revise property tax levies for school districts and to revise the state aid to general and special education formulas.

SD SB24

Revise property tax levies for school districts and to revise the state aid to general and special education formulas.

SD SJR503

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, limiting the amount of ad valorem tax on real property, and limiting the increase in the assessed value of real property.

SD SB164

Lower the state sales tax rate and the state use tax rate on food to zero percent, and to increase certain gross receipts tax rates, excise tax rates, and use tax rates.

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DC B25-0486

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CA SB964

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CA SB603

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HI HB1398

Relating To Property.