Business improvement districts modified.
ENTITLED, An Act to
revise certain provisions concerning business improvement districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
A notice of a hearing required under subdivision 9-55-7(2) shall be given by mailing
a complete copy of the resolution of intent to each owner of taxable property as shown on the
property tax roll for
the proposed district
. If an occupation tax is to be imposed, a copy
of the resolution of intent shall also be mailed to the occupant of each address located in the
proposed district. Mailing shall be completed at least thirty days prior to the time of hearing.
be amended by adding thereto a NEW SECTION to read as
If a district has imposed an occupation tax based on rooms rented and the occupational tax
revenue was used only for the promotion of the district, a majority of the landowners may dissolve
the district established pursuant to
9-55-7 by submitting a petition to the governing body
requesting the district to be dissolved. On and after the date the petition is filed with the governing
body, the district may not enter into any new obligations or contracts. Not withstanding the other
provisions of this chapter, the governing body, upon receiving the petition and verifying that a
majority of the landowners have signed the petition, shall by resolution dissolve the district.
However, the governing body may not dissolve the district until there are sufficient funds available
to extinguish all of the debts and obligations of the district. The governing body shall administer
any remaining affairs and issues concerning the dissolved district.
Signed February 28, 2006