State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

717T0535   SENATE STATE AFFAIRS ENGROSSED    NO.  SB 124 -  2/1/2012  

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
 

        FOR AN ACT ENTITLED, An Act to revise per student allocation for state aid to education, to revise the property tax levies for the general fund of school districts, and to revise certain provisions concerning state aid and local effort.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That subdivision (4) of § 13-13-10.1 be amended to read as follows:
            (4)    "Per student allocation," for school fiscal year 2012 is $4,389.95 2013 is $4,494.28. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;
    Section 2. That § 10-12-42 be amended to read as follows:
    10-12-42. For taxes payable in 2012 and each year thereafter, the levy for the general fund of a school district shall be as follows:
            (1)    The maximum tax levy shall be eight dollars and forty-nine and one tenth cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, and owner-occupied property as provided in subdivision (3) of this section;
            (2)    The maximum tax levy on agricultural property for such school district shall be two dollars and thirty-eight and eight tenths cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies; and
            (3)    The maximum tax levy for an owner-occupied single-family dwelling as defined in § 10-13-40 for such school district shall be three dollars and ninety-six and five tenths cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies.
    All levies in this section shall be imposed on valuations where the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. These valuations shall be used for all school funding purposes. If the district has imposed an excess levy pursuant to § 10-12-43, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section.
    Section 3. That § 13-13-72 be amended to read as follows:
    13-13-72. It is the policy of the Legislature that the appropriation for the state aid to

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. The provisions of section 3 are effective on July 1, 2013.