State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|717T0535||SENATE BILL NO. 124|
Introduced by: Senators Rhoden, Adelstein, Begalka, Buhl, Cutler, Frerichs, Fryslie, Gray, Hansen (Tom), Holien, Hundstad, Hunhoff (Jean), Johnston, Juhnke, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Lust, Bolin, Boomgarden, Brunner, Conzet, Dennert, Dryden, Greenfield, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Jensen, Kirkeby, Liss, Lucas, Miller, Nelson (Stace), Olson (Betty), Perry, Romkema, Rozum, Sly, Tornow, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, and Willadsen
education foundation program increase on an annual basis by the percentage increase in local
need on an aggregate statewide basis so that the relative proportion of local need paid by local
effort and state aid shall remain constant.
For school fiscal year 2013, it is the policy of the
Legislature that the relative proportion of the total local need paid by state aid shall be amended
by adjusting the proportion of state aid to fifty-three and eight-tenths percent of the total local
need. However, the increase in the per student allocation on an annual basis that exceeds three
percent shall be paid solely by the state and is not a factor in this policy.
Section 4. That § 13-13-72.1 be amended to read as follows:
13-13-72.1. Any adjustments in the levies specified in § 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.
However, for fiscal year 2013 and each year thereafter, if the
levies specified in § 10-12-42 are not adjusted to maintain this relationship, the per student
allocation as defined in § 13-13-10.1(4) shall be reduced to maintain the relationship between
statewide local effort as a percentage of statewide local need. Any adjustment to the levy for
agricultural property shall be based upon the change in the statewide agricultural taxable
valuation and the reclassification of agricultural property to another property classification. Any
adjustment to the levies for nonagricultural property and owner-occupied single-family
dwellings shall be based upon the change in the statewide nonagricultural property and owner-occupied single-family dwellings taxable valuations. However, if any new project with a total
taxable valuation of one hundred fifty million dollars or more is constructed, the levies shall be
proportionately decreased for agricultural property, nonagricultural property, and owner-occupied single-family dwellings. 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 5. The provisions of sections 3 and 4 are effective on July 1, 2013.