South Dakota 2026 Regular Session

South Dakota Senate Bill SB109

Introduced
1/23/26  

Caption

Modify requirements to create a tax increment financing district.

Impact

The passage of SB109 is expected to streamline the creation of tax increment financing districts by clarifying the regulations around blighted areas and the consent needed from both municipal and county governing bodies. By reducing the threshold for what constitutes a blighted area, municipalities may facilitate more developments aimed at revitalizing underperforming regions, thereby potentially increasing economic growth and property values within these districts. Furthermore, the bill mandates that larger projects with estimated costs over $15 million require public referendums, enhancing democratic engagement in large-scale developments.

Summary

Senate Bill 109 aims to modify the existing requirements for creating tax increment financing districts within the state of South Dakota. The bill introduces amendments to several sections of the tax increment financing statutes to update definitions and processes associated with the creation and management of these districts. This includes establishing criteria for determining blighted areas, which is crucial for the designation of a district, as well as outlining the necessary findings governing bodies must determine before creating a district.

Contention

There may be contention surrounding this bill, particularly concerning the perceived erosion of local control over land use and development. Critics argue that the lowered thresholds for determining blighted areas might lead to misuse of tax increment financing for developments that do not genuinely address socio-economic issues. Additionally, the requirement for consent from county boards before a municipality can create a district could lead to conflicts and delays in establishing financing for necessary public works projects. Opponents may also raise concerns that such measures could prioritize development over community needs, resulting in a mismatch between local priorities and state-directed initiatives.

Companion Bills

No companion bills found.

Previously Filed As

SD SB175

Create provisions governing litigation financing.

SD SB216

Reduce the growth in the assessed value of owner-occupied property, limit increases in certain property tax revenues, revise provisions regarding school district excess tax levies, and revise eligibility requirements for a property tax assessment freeze.

SD HB1055

Modify medical cannabis certification requirements.

SD HB1247

Modify massage therapist licensure requirements and to create a penalty therefor.

SD HB1059

Clarify the meaning of teleconference for purposes of open meeting requirements.

SD HB1235

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.

SD HB1072

Modernize provisions relating to water development districts.

SD SB70

Modify the maximum sparsity benefit a sparse school district is eligible to receive.

SD SB55

Revise property tax levies for school districts and to revise the state aid to general and special education formulas.

SD SB129

Modify renewal fee requirements for an on-sale liquor licensee whose business premises have been annexed into a municipality of the first class.

Similar Bills

AL SB370

Tax increment districts, Major 21st Century Manufacturing Zone allowed to be located within a tax increment district without regard to size of district and further provides for use of ad valorem tax revenues collected within a district

AL HB626

Tax increment districts, Major 21st Century Manufacturing Zone allowed to be located within a tax increment district without regard to size of district and further provides for use of ad valorem tax revenues collected within a district

NM SB293

Housing Study For Some Development Projects

HI HB1457

Relating To Tax Increment Financing.

HI HB1457

Relating To Tax Increment Financing.

AL HB567

Class 2 municipalities, tax increment districts further provided for

MI SB0665

Economic development: other; local community stabilization authority act; amend to update the cross-reference to MCL 211.1053. Amends sec. 5 of 2014 PA 86 (MCL 123.1345). TIE BAR WITH: SB 0659'25

AL HB142

Class 2 municipalities; tax increment districts, further provided