An Act to reduce a limit on the annual increases of property tax revenues payable to certain taxing districts, and to subject school districts to a limit on property taxes collected in a year.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 10-13-35 be AMENDED:

10-13-35. This section does not apply to school districts. For taxes payable in 1997, and each year thereafter, the The total amount of revenue payable from taxes on real property within a taxing district, excluding the levy pursuant to § 10-13-36, may increase no more than the lesser of three two and one-half percent or the index factor, as defined in § 10-13-38, over the amount of revenue payable from taxes on real property in the preceding year, excluding the amount of taxes levied pursuant to § 10-13-36. This section does not apply to the amount of taxes levied pursuant to §§ 10-12-43, 10-13-36, 13-16-7, 13-16-7.2, 13-16-7.3, 13-16-10, and 13-37-16.

After applying the index factor, a taxing 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 property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-113, only if assessed the same as property of equal value.

A taxing district may further increase the revenue it receives from taxes on real property above the limit limitations provided by this section for taxes levied to pay the principal, interest, and redemption charges on any bonds issued after January 1, 1997,which that are subject to referendum,; scheduled payment increases on bonds; and for a levy directed by the order of a court for the purpose of paying a judgment against such the taxing district. Any A taxing district created after the effective date of this section is exempt from the limitation provided by this section for a period of two years immediately following its creation.