P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Larry Rhoden, Chair.
MOTION:
TO APPROVE THE MINUTES OF FRIDAY, JANUARY 25, 2008
Moved by: Brunner
On the printed bill, delete everything after the enacting clause and insert:
"
E - Excused
A - Absent
P Brunner
P Cutler
P Deadrick
P Dykstra, Vice-Chair
P Faehn
E Gillespie
P Hargens
P Krebs
P Miles
P Moore
P Rave
P Turbiville
P Rhoden, Chair
Representative Joel Dykstra asked that the minutes from Wednesday, January 23, 2008 be corrected
by changing the spelling of the town Conde. Correction made.
Second by: Turbiville
Action: Prevailed by voice vote.
HB 1187: require the Department of Revenue and Regulation to maintain an internet
site that allows the public to search for certain property assessment and taxation
information.
Presented by: Representative Keri Weems
Proponents: Duane Sand, Americans for Prosperity
Lee Breard, SD Conservative Action Committee
Mary Worlie, Director of Equalization for Brown County
Opponents: Michael Kenyon, Department of Revenue and Regulation
Eric Erickson, SD Assn. Of County Officials
Kyle Helseth, Minnehaha County, Sioux Falls
MOTION:
DEFER HB 1187 TO THE 36TH LEGISLATIVE DAY
Moved by: Hargens
Second by: Turbiville
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Brunner, Deadrick, Dykstra, Faehn, Hargens, Krebs, Miles, Moore, Rave, Turbiville,
Rhoden
Voting No: Cutler
Excused: Gillespie
HB 1252: revise certain procedures regarding real property assessment and taxation,
to revise certain criteria for property to qualify for the nonagricultural acreage
classification, to repeal the alternative assessment procedure for agricultural land
based on agricultural income value, and to repeal certain provisions regarding the
assessment of property.
Presented by: Representative Al Novstrup (Handout #1, 2,and 3)
Proponents: Duane Sand, Americans for Prosperity
Mary Worlie, Director of Equalization for Brown County (Handout #4)
John Brown, National Federation of Independent Business
Michael Kenyon, Department of Revenue and Regulation
Opponents: Chuck Groth, SD Farmers Union
Michael Held, SD Farm Bureau
Rick Vallery, SD Wheat Inc.
Jeff Madison, Self
Kirk Chaffee, self,
MOTION:
DEFER HB 1252 TO THE 36TH LEGISLATIVE DAY
Moved by: Dykstra
Second by: Brunner
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1252
Moved by: Cutler
Second by: Miles
Action: Failed by roll call vote. (5-7-1-0)
Voting Yes: Cutler, Faehn, Krebs, Miles, Moore
Voting No: Brunner, Deadrick, Dykstra, Hargens, Rave, Turbiville, Rhoden
Excused: Gillespie
MOTION:
DEFER HB 1252 TO THE 36TH LEGISLATIVE DAY (Original Motion)
Moved by: Dykstra
Second by: Brunner
Action: Prevailed by roll call vote. (7-5-1-0)
Voting Yes: Brunner, Deadrick, Dykstra, Hargens, Rave, Turbiville, Rhoden
Voting No: Cutler, Faehn, Krebs, Miles, Moore
Excused: Gillespie
Gavel passed to Representative, Joel Dykstra, Vice-Chair
HB 1005: revise certain provisions concerning the assessment of real property, to
assess agricultural land based on its agricultural income value, to create an
implementation and oversight advisory task force, to repeal certain provisions
regarding the assessment of property, and to repeal the nonagricultural acreage
classification.
Presented by: Representative Larry Rhoden (Handout #5)
Proponents: Senator Dave Knudson
Scott Vander Wal, SD Farm Bureau
Bill Chase, SD Corn Grower
Wayne Soren, SD Farmers Union
Larry Nelson, Buffalo
Scott Jones, South Dakota Cattlemen's Association
Kirk Chaffee, SD Assn. Of Assessing Officers
Angela Ehlers, SD Assoc. Of Conservation Districts
Michael Kenyon, Department of Revenue and Regulation
Jeff Madison, Self
Nancee Johnson, SD Soybean Association
Rick Vallery, SD Wheat Inc.
Opponents: Representative Al Novstrup
Representative Deb Peters
Debbie Kahl, SD Association Of Assessing Officers
Joyce Dragseth, Director of Equalization, Brookings County
Russ Ronke, SDAAO, Watertown
Representative Keri Weems
Kyle Helseth, Minnehaha County, Sioux Falls
Renee Buck, SD Association Of Assessing Officers
MOTION:
AMEND HB 1005
Section 1. That chapter
10-6
be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter
10-6
be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That sections
1 and 2
of this Act be repealed on July 1, 2015.
Section 4. That
§
10-6-74
be repealed on July 1, 2014.
Section 5. That chapter
10-6
be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter
10-6
be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter
10-6
be amended by adding thereto a NEW SECTION to read as follows:
November 1, 2008, regarding factors to use for the percentage of annual earning capacity to be used
to determine the agricultural income value of the land pursuant to section 5 of this Act and other
provisions used to assess agricultural land that will provide the least amount of shift between
cropland and noncropland on a statewide basis. Thereafter, the economics department shall submit
such recommendations, if any, to the task force by September first of each year.
Section 8. That chapter
10-6
be amended by adding thereto a NEW SECTION to read as follows:
Section 11. That chapter
10-6
be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as
follows:
10-6-33.13. The secretary of revenue and regulation may promulgate rules pursuant to chapter
1-26 concerning the:
Section 14. That
§
10-12-31.1
be amended to read as follows:
10-12-31.1.
Notwithstanding other provision of law, when applying the levies for school
purposes, the county director of equalization of each county shall adjust the level of assessment in
that district so that the level of assessment as indicated by the most recent assessment to sales ratio
as provided for in § 10-11-55 and the most recent
assessment to full agricultural land value ratio
agricultural income value
as provided for in
§ 10-11-57
sections 5 to 10, inclusive, of this Act
in that
district are equal to eighty-five percent of market value
or agricultural income value
. The Department
of Revenue and Regulation shall provide the director of equalization of each county all of the factors
of adjustment necessary for the computations required in this section.
Section 15. That
§
10-6-33.3
be amended to read as follows:
10-6-33.3.
Land or improvement on land within an operating unit which is not used incident to
an agricultural pursuit shall be separately listed and assessed
and the income therefrom shall not be
used in determining the values for the purposes of §§ 10-6-33.1 and 10-6-33.2
.
10-6-33.5.
The assessment, valuation, equalization, and taxation of school and endowment lands
shall be at the same level and on the same basis as lands assessed, valued, and equalized according
to
§§ 10-6-33.1 to 10-6-33.4, inclusive
sections 5 to 10, inclusive, of this Act
.
Section 17. That
§
10-6-33.7
be amended to read as follows:
10-6-33.7.
Agricultural land in each county shall be divided into the eight classes defined by the
United States Department of Agriculture's soil conservation service as published in its soil survey
for each county. The county director of equalization shall, based on the agricultural lands soil survey
classification, determine a value for each soil type.
The value for each soil type shall be determined
from sales of similar land based upon its soil survey classification, and as adjusted for the factors
contained in subdivision 10-6-33.1(2). The sales used shall be sales of agricultural land that are sold
for agricultural purposes.
Section 18. That
§
10-6-31.3
be amended to read as follows:
10-6-31.3.
For tax purposes, land is agricultural land if it meets two of the following three
criteria:
10-13-37.1.
For purposes of
§ 10-6-33.24 and
§§ 10-3-41, 10-12-31.1, and 10-13-37, the
secretary of revenue and regulation shall calculate a factor for each county for
the agricultural and
nonagricultural valuations. The factor shall be calculated by using the sales of arms-length
transactions and the assessments from the preceding assessment year. The secretary shall take into
consideration any reappraisals completed by the director of equalization. If there are
less
fewer
than
fifteen sales
of either class
, the secretary shall use the preceding year's sales of that class with current
assessments.
In the case of agricultural land, sales may also be bridged in from adjoining counties
if there are less than fifteen sales.
Section 20. That
§
13-11-10
be amended to read as follows:
13-11-10.
In implementing the terms of § 13-11-9, a separate weighted average tax levy of the
receiving districts shall be calculated for agricultural property,
nonagricultural acreage property,
owner-occupied single-family dwelling property, and for nonagricultural property for each sending
school district as follows:
Section 21. That
§
10-12-42
be amended to read as follows:
Section 22. That
§
10-6-33.25
be amended to read as follows:
10-6-33.25. For the purposes of § 10-6-33.24, the agricultural income value shall be determined using capitalized annual cash rent. The annual cash rent is the annual cash rent, excluding the per acre tax on agricultural land, determined through an analysis of arms-length rental agreements collected within the county in the three years prior to the year for which the agricultural income value is being determined. The agricultural income value of cropland shall be based on average rents over a three-year period for cropland under natural conditions. The agricultural income value of
noncropland shall be based on average rents over a three-year period for noncropland under natural
conditions. However, no arms-length rental agreements for irrigated land may be used to determine
the annual cash rent pursuant to this section. The annual cash rent shall be capitalized at
seven and
three-fourths
six and fifteen hundredths
percent.
Section 23. That
§
§
10-6-33.1
, 10-6-33.4, 10-6-33.6,
§
§
10-6-33.14 to 10-6-33.20, inclusive, and
§
§
10-6-33.23 to 10-6-33.27, inclusive, be repealed.
Section 24. That sections 14 to 21, inclusive, and section 23 are effective on July 1, 2009."
HB 1006: revise certain tax levy limitations and property tax levies for school
districts.
Moved by: Rhoden
Second by: Brunner
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1005 AS AMENDED
Moved by: Brunner
Second by: Deadrick
Action: Prevailed by roll call vote. (8-4-1-0)
Voting Yes: Brunner, Deadrick, Dykstra, Hargens, Moore, Rave, Turbiville, Rhoden
Voting No: Cutler, Faehn, Krebs, Miles
Excused: Gillespie
Gavel returned to Representative, Larry Rhoden, Chair
Presented by: Senator Dave Knudson
Proponents: Michael Kenyon, Department of Revenue and Regulation
MOTION:
AMEND HB 1006
"
Section 1. That
§
13-13-72.1
be amended to read as follows:
13-13-72.1.
Any adjustments in the levies specified in
subdivision 13-13-10.1(6)
§
10-12-42
made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between
statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal
year in which the adjustment is made. In addition to the adjustments in the levies provided by this
section, the levies shall also be annually adjusted as necessary to reduce the portion of local need
paid by local effort by an amount equal to nine million dollars from those funds transferred into the
property tax reduction fund pursuant to § 10-50-52 subsequent to July 1, 2007.
In addition to the
adjustments in the levies provided by this section, the levies for nonagricultural property and
owner-occupied single-family dwellings shall also be adjusted as necessary to account for the
additional increase in the total assessed value for nonagricultural property and owner-occupied
single-family dwellings pursuant to the phasing out and repeal of the provisions provided in
§
10-6-
74.
Section 2. That
§
13-10-6
be amended to read as follows:
13-10-6.
For the purpose of continuing a fund for the payment of pensions to retired employees
of
a
school
districts which shall have
district that has
established such system,
such districts
the
school district
may levy an annual tax not exceeding thirty cents per thousand dollars of taxable
valuation of
such
the
school district for the current year.
Such
The
levy may not be included in
determining the tax levy limitation of
such
the school
district provided by law. Moneys collected
from
such
the
tax shall be kept by the business manager in a special pension fund and
shall
may
not
be used for any other purpose except upon discontinuance of
such
the
pension system by the
school
district, in which case any unexpended balance shall be transferred to the general fund.
generated for the taxes payable in 2010 plus any unused index factor from the previous years. After
applying the index factor, a school district may increase the revenue payable from taxes on real
property above the limitations provided by this section by the percentage increase of value resulting
from any improvements or change in use of real property, annexation, minor boundary changes, and
any adjustments in taxation of real property separately classified and subject to statutory adjustments
and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except
§
10-6-31.4, only if assessed
the same as property of equal value.
Moved by: Deadrick
Second by: Brunner
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1006 AS AMENDED
Moved by: Moore
Second by: Rave
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Brunner, Deadrick, Dykstra, Faehn, Hargens, Krebs, Miles, Moore, Rave, Turbiville,
Rhoden
Voting No: Cutler
Excused: Gillespie
MOTION:
ADJOURN
Moved by: Brunner
Second by: Turbiville
Action: Prevailed by voice vote.
Joyce Panzer
Committee Secretary
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