South Dakota cities can now create a local funding mechanism for capital improvement projects by imposing a gross receipts tax of up to one percent on businesses within their borders. To implement this tax, a city must establish a five-member capital improvement board (made up of one city council member and four residents) that reviews and approves any ordinance establishing the tax, which must specify its purpose and minimum revenue target. This gives municipalities a new revenue option to fund infrastructure and other capital projects without needing state approval.
The engrossed version expands the tax base to include "products transferred electronically" and changes the conformity requirement from chapter 10-45 alone to "chapters 10-45 and 10-46," broadening the scope of what sales are subject to the local gross receipts tax that municipalities can impose for capital improvements.
The amendment clarifies and tightens the tax rate language by requiring the gross receipts tax to "conform in all respects to the state tax under chapters 10-45 and 10-46" rather than simply listing all taxable categories, which NARROWS the bill by making the local tax structure more explicitly dependent on state tax definitions. The amendment also extends the effective date of tax ordinances by requiring at least ninety days' notice to the secretary of revenue before they can terminate, which STRENGTHENS the bill by giving municipalities more stable funding periods.
The amendment changed the bill from its "House Engrossed" version to its "Enrolled" version—primarily a formatting and housekeeping change that updated the bill number reference from "26.800.20" to "26.800.21" and removed legislative markup language, with no substantive changes to the bill's purpose of authorizing municipalities to establish a local gross receipts tax for capital improvement projects.
Signed by the Governor H.J. 578
Delivered to the Governor H.J. 556
Signed by the President S.J. 512
Signed by the Speaker H.J. 542
Senate Do Pass Amended Passed, YEAS 19, NAYS 15. S.J. 484
Local Government Do Pass Passed, YEAS 5, NAYS 2.
Local Government Scheduled for hearing
First read in Senate and referred to Senate Local Government S.J. 248
House of Representatives Do Pass Amended Passed, YEAS 36, NAYS 30. H.J. 278
House of Representatives Reconsidered Passed, YEAS 37, NAYS 29. H.J. 277
House of Representatives Intent to reconsider H.J. 265
House of Representatives Do Pass Amended Failed, YEAS 35, NAYS 30. H.J. 265
House of Representatives Motion to amend H.J. 264
Local Government Do Pass Amended Passed, YEAS 8, NAYS 4.
Local Government Motion to amend
Local Government Scheduled for hearing
First read in House and referred to House Local Government H.J. 192
Prime sponsor · Rep.
R
Cosponsors
Do Pass Amended
Local Government — Do Pass
Reconsidered
Do Pass Amended
Do Pass Amended
Local Government — Do Pass Amended