SB 85 South Dakota Senate · 2026 Regular Session

require an election for an excess tax levy of a school district.

SB 85 requires South Dakota school districts to hold a voter election before implementing or increasing an "excess tax levy" (property tax increases beyond the base amount). This applies to both general fund and capital outlay tax levies, meaning school boards can no longer unilaterally approve such increases - they must now seek voter approval through a formal election. The bill mandates specific public notice requirements (e.g., newspaper ads or mailed notices) and allows voters to petition for an election if 5% of registered voters sign a petition. The election must be held by October 1st of the year prior to tax payment, ensuring taxpayers have a direct say in local property tax changes.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House Failed
Feb 2026
Governor
Introduced Jan 14, 2026 Last action Feb 4, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Senate Education Engrossed · 5 edits · Jan 22, 2026
MODERATE
This bill amends South Dakota statutes to clarify and update procedures for school districts to impose excess property tax levies. The changes address publication requirements, opt-out mechanisms, and election timelines, while also extending similar excess tax levy procedures to capital outlay funds. These updates aim to provide clearer guidance for school boards and taxpayers regarding tax increase approvals and public notification processes.
Scope change
The bill expands the scope by applying excess tax levy procedures to capital outlay funds in addition to general fund purposes, and clarifies the relationship between excess tax levies and other tax limits.
REQUIREMENT

Updated publication and notification requirements for excess tax levies, including specific dimensions for newspaper announcements and alternative mailing procedures for smaller opt-out amounts.

Clarified that excess tax levy elections must clearly state the number of years the levy applies and the total maximum dollar amount payable over the full term.

TIMELINE

Changed the election deadline for excess tax levies from July 15 to October 1 of the year prior to when taxes are payable, providing more time for public consideration.

SCOPE

Extended excess tax levy procedures to capital outlay funds, allowing school districts to raise additional revenues for capital projects using the same opt-out and election processes as general fund levies.

FISCAL

Added restrictions preventing excess tax levy revenues from capital outlay funds from being transferred to the general fund, ensuring these funds remain designated for capital purposes.

Floor votes · Senate Jan 26, 2026 · House Feb 4, 2026

How they voted

2014
Passed · 1 other
Total votes 35
Jan 26, 2026
D Democratic3
1 Yea 2 Nay
66% Nay
R Republican32
19 Yea 12 Nay 1
59% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
12
Key actions
6
Committee
5
Amendments
1
Feb 4, 2026
Upper · Passed
Intent to reconsider , Passed, H.J. 228
upper
Feb 4, 2026
Upper · Passed
House of Representatives Do Pass Amended , Passed, YEAS 29, NAYS 39 H.J. 227
upper
Feb 2, 2026
Upper · Passed
Education Do Pass , Passed, YEAS 8, NAYS 7
upper
Jan 29, 2026
Committee
Referred to House Education H.J. 182
upper
Jan 26, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 20, NAYS 14 S.J. 114
upper
Jan 26, 2026
Senate · Passed
Senate Vote: pass (20-14-1)
senate
Jan 22, 2026
Upper · Passed
Education Do Pass Amended , Passed, YEAS 4, NAYS 3 S.J. 3
upper
Jan 22, 2026
Introduced
Education Motion to amend , Passed, S.J. 3 Amendment 85B
upper
Jan 14, 2026
Introduced
First read in Senate and referred to Senate Education S.J. 34
upper
17 primary · 0 co-sponsors

Sponsors