10-12-44. Tax abatement--Tax increment financing district--Discretionary formula--Additional revenue to be raised as compensation.
The county auditor having jurisdiction over a school district shall raise additional revenue, for the general fund and special education fund, from real property taxes, to compensate for a tax abatement, a tax increment financing district, or a discretionary formula in accordance with the following:
(1)For tax increment financing districts created pursuant to chapter 11-9, the county auditor shall impose an additional tax levy, for an amount not to exceed an amount equal to the sum of the levies in §§10-12-42 and 13-37-16 multiplied by the tax increment value, as defined in §11-9-1;
(2)For property subject to §10-6-137, 10-6-137.1, or 10-6-144, the county auditor shall impose an additional tax levy, for an amount not to exceed the amount of taxes that were not collected, due to the reduction in value based on the maximum levies, pursuant to §§10-12-42 and 13-37-16; and
(3)For abated taxes, the county auditor shall impose an additional tax levy, for an amount not to exceed the amount of the school district's portion of the taxes that were abated, pursuant to chapter 10-18, during the previous tax year.
The levies in this section are not subject to the referendum provision of §10-12-43 and these levies must maintain the same proportion to each other, as represented in the mathematical relationship at the maximum levies pursuant to §10-12-42.
Source: SL 1996, ch 69, §17; SL 1997, ch 54, §2; SL 2018, ch 70, §6; SL 2020, ch 39, §13; SL 2021, ch 44, §44; SL 2022, ch 29, §5.
Structure South Dakota Codified Laws
Chapter 12 - State And Local Property Tax Levies
Section 10-12-1 - Levy of state tax--Purposes covered by levy.
Section 10-12-2 - Maximum state levy.
Section 10-12-4 - Constitutional limitations on state levy to be observed.
Section 10-12-5 - State treasurer to transfer sums to interest and debt service funds.
Section 10-12-8 - Annual county levy for general purposes--Estimate of expenses as basis for levy.
Section 10-12-9 - Purposes for levy of county taxes.
Section 10-12-9.2 - Levy for library purposes--Certain municipalities exempted.
Section 10-12-13.1 - Authorization of increased tax levy--Publication.
Section 10-12-14 - Payment to municipalities from federal matching-aid levy.
Section 10-12-15 - County highway and bridge reserve fund exempt from budget law.
Section 10-12-17 - Use of general road and bridge funds for matching aid permitted.
Section 10-12-21 - Maximum county levy for all purposes.
Section 10-12-21.1 - Levies in addition to limit.
Section 10-12-26 - Annual levy of organized township--Certification to county auditor.
Section 10-12-28 - Maximum rate of township levy.
Section 10-12-28.1 - Additional township levy for fire protection and emergency medical services.
Section 10-12-28.2 - Authorization of tax levy for secondary road capital improvement fund.
Section 10-12-29 - Annual school district levy--Report to county auditor--Spread against property.
Section 10-12-31.1 - Adjusting level of assessment for school districts.
Section 10-12-32 - Maximum rate of levy in municipalities.
Section 10-12-32.1 - Municipalities incorporated after January 1, 1984.
Section 10-12-34.1 - Tax levies based on true and full valuation.
Section 10-12-38 - Equalizing assessment of all property between counties.
Section 10-12-39 - Equalizing assessment of land and structures on property between counties.
Section 10-12-41 - Certification of percent added to or deducted from valuation of property.
Section 10-12-42 - General fund of a school district--Annual levy.
Section 10-12-43.1 - Excess tax levy--School district capital outlay fund--Restrictions.