reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-9 - Mailing of notice of hearing on resolution of necessity.

9-53-9. Mailing of notice of hearing on resolution of necessity.
After the completion of all requirements set forth in §§9-53-4 to 9-53-7, inclusive, the governing body shall fix a time and place for a public hearing thereon and shall cause a notice of hearing of the proposed resolution of necessity to be given by the city auditor or town clerk who shall mail, at least fifteen days before the date set for the hearing, true copies of the proposed resolution of necessity and a notice of hearing appended thereto by first class mail to all those persons addressed to their respective post office addresses as those persons and respective addresses appear as owners of the privately owned property within the proposed district in the records of the county director of equalization. The notice of hearing shall state the time and place the governing body shall meet for the purpose of considering the adoption of the resolution of necessity either as proposed or as might be amended at the same time and place of the hearing, and at said time and place that the governing body will consider any objections to the proposed resolution.
Source: SL 1967, ch 230, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-10 - Hearing and action by governing body on resolution of necessity.

9-53-10. Hearing and action by governing body on resolution of necessity.
At the time of such hearing or at any adjournment thereof, the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper, except that the boundaries of the benefit district may not be enlarged so as to include property not contained within the original proposed resolution.
Source: SL 1967, ch 230, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-12 - Authority to proceed with improvement and assessments after adoption of resolution.

9-53-12. Authority to proceed with improvement and assessments after adoption of resolution.
After twenty days from the adoption and publication of such resolution of necessity, unless the referendum be invoked or unless a written protest shall have been filed with the auditor or clerk signed by the owners of more than fifty-five percent of the total tax-assessed valuation of the property subject to assessment, the governing body shall have the power to acquire property by lease, gift, or purchase, to cause such improvement to be made, to contract therefor, and to levy and collect special assessments therefor as provided by chapter 9-43.
Source: SL 1967, ch 230, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-13 - Levy and collection of special assessments--Assessment bonds.

9-53-13. Levy and collection of special assessments--Assessment bonds.
Special assessments may be made, levied, and collected and assessed and assessment bonds may be issued to finance the improvement all as now provided by chapter 9-43. Assessment bonds shall be called public convention hall bonds.
Source: SL 1967, ch 230, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-14 - Contract or assessment not invalidated by irregularity--Determination of governing body conclusive.

9-53-14. Contract or assessment not invalidated by irregularity--Determination of governing body conclusive.
No contract made or assessment levied for any such improvement shall be void by reason of any defect or irregularity in the resolution of necessity or notice or in the publication thereof, and the determination of the governing body as to the sufficiency or insufficiency of protest thereto shall be conclusive unless such determination is unreasonably and arbitrarily or fraudulently made.
Source: SL 1967, ch 230, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-15 - Supervision of operation of hall--Maintenance funds.

9-53-15. Supervision of operation of hall--Maintenance funds.
The governing body shall be in charge of running and operating the public convention hall and may appropriate additional municipal revenues or funds raised by taxation for the maintenance of said public convention hall.
Source: SL 1967, ch 230, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 53 - Public Convention Halls › Section 9-53-16 - Charges for use of hall--Purposes to which applied.

9-53-16. Charges for use of hall--Purposes to which applied.
In addition the governing body by resolution may impose and collect reasonable charges for the use of the public convention hall constructed under the provisions of this chapter. The money so received shall be deposited in the municipal treasury to the credit of the public convention hall fund and applied in order to the following purposes exclusively:
(1)The payment of necessary expenses of maintaining, insuring, and repairing such public convention hall;
(2)Annually on the first day of January of each year, the balance remaining to the credit of such public convention hall shall be applied to the payment of the principal and interest of the cost of acquiring and improving the public convention hall, and the retirement of any bonds issued therefor as soon as said bonds are callable;
(3)At the time all indebtedness has been paid in full, the balance, if any, after paragraph (1) herein is satisfied shall be transferred to the general fund of the municipality.
Source: SL 1967, ch 230, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-1 - Purpose of chapter.

9-54-1. Purpose of chapter.
The purpose of this chapter is to stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial, commercial, manufacturing, agricultural, natural resources, postsecondary technical education, limited to bonding for public postsecondary technical institutions in operation on July 1, 1981, research, data collection, health service, housing for the elderly, housing for the handicapped, primary, secondary, and postsecondary education, recreational development, and the reduction of water and air pollution resulting from such developments; to encourage and assist in the location of new business and industry in this state and the expansion of existing business development; to assist in the construction of postsecondary technical education facilities, for public postsecondary technical institutions in operation on July 1, 1981; and to promote the economic stability of the state by providing greater employment opportunities and diversification of industry thus promoting the general welfare of the citizens by authorizing all municipalities of the state to issue revenue bonds to finance projects comprising real or personal property or both, useful for any of these purposes.
The purpose of this chapter is also to promote health services, housing for the elderly and housing for the handicapped at reasonable costs, thus promoting the general welfare of the citizens, by authorizing all municipalities of the state to issue revenue bonds to pay, purchase or discharge all or any part of the outstanding indebtedness of any nonprofit corporation incurred in the purchase, construction, reconstruction, acquisition of sites for, enlargement, improvement, or remodeling of health service facilities, housing for the elderly or housing for the handicapped.
Source:
SL 1964, ch 148, §1; SL 1972, ch 45, §3; SL 1973, ch 59, §1; SL 1981, ch 77, §1; SL 1981, ch 78; SL 1998, ch 46, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-2 - Power to issue bonds, acquire or construct projects and enter revenue agreements--Location of projects.

9-54-2. Power to issue bonds, acquire or construct projects and enter revenue agreements--Location of projects.
For the purposes stated in §9-54-1, any municipality may issue revenue bonds, the proceeds of which shall be used only to purchase, construct, reconstruct, acquire sites for, enlarge, improve, or remodel buildings, structures, or equipment, and to enter into revenue agreements as defined in §9-54-3.1 with any person, firm, limited liability company, corporation, or governmental entity, the projects to be situated in any municipality or its environs without limitation as to distance, providing the governing body of the municipality declares that the project, if in being, would promote the welfare of the municipality.
Source:
SL 1964, ch 148, §2; SL 1972, ch 45, §4; SL 1973, ch 59, §2; SL 1981, ch 77, §2; SL 1984, ch 43, §98A; SL 1994, ch 351, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-2.1 - Power to issue revenue bonds, purchase or discharge debt of nonprofit corporation operating health care or housing facility and enter revenue agreements--Location of project.

9-54-2.1. Power to issue revenue bonds, purchase or discharge debt of nonprofit corporation operating health care or housing facility and enter revenue agreements--Location of project.
With respect to hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped, wellness centers, or primary, secondary, or postsecondary schools to be operated by any nonprofit corporation, for any purpose stated in §9-54-1, a municipality may issue revenue bonds to pay, purchase, or discharge all or any part of the outstanding indebtedness of a nonprofit corporation incurred in the purchase, construction, reconstruction, acquisition of sites for, enlargement, improvement, or remodeling of hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped, wellness centers, or primary, secondary, or postsecondary schools, including, to the extent deemed necessary or desirable by the municipality, any unpaid interest on indebtedness accrued or to accrue to the date on which the indebtedness is finally paid, and any premium the municipality determines to be necessary or desirable to be paid to pay, purchase, or decease outstanding indebtedness, and to enter into revenue agreements as defined in §9-54-3.1, with any nonprofit corporation, the projects to be situated in any municipality or its environs without limitation as to distance, providing the governing body of the municipality declares that the project would promote the welfare of the municipality. Nothing in this section is intended to prohibit the use of revenue bonds to pay outstanding indebtedness of any person, firm, limited liability company, corporation, or governmental entity to the extent now permitted by law.
Source:
SL 1981, ch 77, §3; SL 1982, ch 28, §2; SL 1984, ch 43, §98B; SL 1991, ch 75, §1; SL 1994, ch 351, §10; SL 1998, ch 46, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-2.2 - Restriction on use of bonds for elderly housing projects.

9-54-2.2. Restriction on use of bonds for elderly housing projects.
Any housing for the elderly financed by revenue bonds shall be operated by either a nonprofit corporation or a corporation wholly owned, either directly or indirectly, by a nonprofit corporation.
Source:
SL 1981, ch 77, §9; SL 1984, ch 62; SL 1990, ch 67; SL 1991, ch 76.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-3 - "Revenue bonds" defined.

9-54-3."Revenue bonds" defined.
Revenue bonds, as the term is used in this chapter, are bonds to be paid exclusively from the revenue produced by the project financed by the use of the proceeds thereof, including but not limited to payments due under any revenue agreement, or under any bond or other obligation issued in payment therefor or any mortgage, pledge, or security agreement given with respect to the project or any other property of the lessee, purchaser, or borrower with respect to the project.
Source:
SL 1964, ch 148, §7; SL 1973, ch 59, §3; SL 1981, ch 77, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-3.1 - "Revenue agreement" defined.

9-54-3.1."Revenue agreement" defined.
Revenue agreement, as the term is used in this chapter, is any written agreement between a municipality and another person, firm, limited liability company, corporation, or governmental entity with respect to a project whereby such other person, firm, limited liability company, corporation, or governmental entity agrees to pay to the municipality or to its order amounts sufficient at all times to pay when due the principal of, premium, if any, and interest on all bonds issued by the municipality with respect to that project. A revenue agreement includes, but is not limited to, a lease, a direct or installment sale contract, or a loan agreement.
Source:
SL 1981, ch 77, §5; SL 1994, ch 351, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-4 - Costs to be covered by bonds--Authorization, issuance and sale of bonds.

9-54-4. Costs to be covered by bonds--Authorization, issuance and sale of bonds.
Bonds may be issued in amounts as may be necessary to provide sufficient funds to pay all the costs of purchase or construction of each project which under accepted accounting practice are capital costs, including goodwill and other intangible costs, as well as site, engineering, and all other expenses of its planning and completion , together with additional amounts as may be agreed to by the lessee, purchaser, or borrower with respect to the project and the purchasers of the bonds as a discount or underwriters' fee, and to pay interest accruing before completion of the project, to establish a reserve securing payment of the bonds, and, with respect to hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped or wellness centers, comprising a project, the cost of paying, purchasing or discharging any outstanding indebtedness or other cost as authorized in §9-54-2.1. Bonds issued under the provisions of this chapter shall be authorized, issued and sold in accordance with chapter 6-8B, except that no election is required.
Source:
SL 1964, ch 148, §4; SL 1973, ch 59, §4; SL 1981, ch 77, §6; SL 1984, ch 43, §98C; SL 1991, ch 75, §2; SL 1998, ch 47, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-5 - Amount of bond issue limited by costs.

9-54-5. Amount of bond issue limited by costs.
In no case shall any revenue bonds be issued for an amount in excess of the actual cost of the project, including the site therefor and all other items referred to in §9-54-4.
Source:
SL 1964, ch 148, §6; SL 1973, ch 59, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-6 - Bonds not general obligations nor payable by taxation--Recitals in bonds.

9-54-6. Bonds not general obligations nor payable by taxation--Recitals in bonds.
Revenue bonds issued pursuant to this chapter shall not be general obligations of the municipality nor shall they be payable in any manner by taxation. Such revenue bonds shall recite the authority under which they are issued, and shall state that they are issued in conformity with the provisions, restrictions, and limitations of this chapter, and that such bonds and the interest thereon are to be paid from the revenue received from the project financed, in whole or in part, by the issuance of the revenue bonds.
Source:
SL 1964, ch 148, §8; SL 1973, ch 59, §6; SL 1984, ch 43, §98E.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-7 - Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements.

9-54-7. Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements.
The governing body of the municipality may, by ordinance, resolution, or by a trust indenture executed under authority of a resolution or ordinance, pledge the revenues of the project and any other security of whatsoever nature, offered by the lessee, purchaser, or borrower with respect to the project, and may mortgage the project, for the payment of the bonds and the interest thereon, and provide that the revenues shall be set apart in one or more special trust funds for that purpose. The resolution, ordinance, or indenture may include covenants and agreements as the governing body deems necessary or desirable to secure the bonds, including the establishment of a reserve from the bond proceeds, and may authorize a trustee appointed under an indenture to enforce all rights and remedies of the municipality under the revenue agreement with respect to the project.
Source:
SL 1964, ch 148, §5; SL 1969, ch 188, §1; SL 1973, ch 59, §7; SL 1981, ch 77, §7; SL 1984, ch 43, §98D.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-8 - Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.

9-54-8. Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.
Revenue agreements pursuant to §9-54-3.1 shall provide for contractual payments sufficient to pay the principal, premium, if any, and interest on any bonds issued by the municipality under the resolution or ordinance or trust indenture, when due or subject to mandatory redemption, and also to pay all taxes, special assessments and other governmental charges levied or imposed with respect to the project, and to pay all costs of insurance, operation, and maintenance thereof. The agreements shall also reimburse the municipality for the cost of any other obligation assumed by the municipality in connection with the project. Revenue agreements in the form of a lease or sale contract shall further provide for payment of a sum equal to the amount of property taxes which would be due if the lessee or purchaser were the owner of the project, to be prorated among the taxing districts involved and taking into consideration reductions permitted pursuant to §10-6-137 for the term of the agreement.
Source:
SL 1964, ch 148, §3; SL 1973, ch 59, §8; SL 1975, ch 93, §1; SL 1981, ch 77, §8; SL 1981, ch 79; SL 1984, ch 43, §98F; SL 2020, ch 39, § 12; SL 2021, ch 44, § 44.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-8.1 - Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds.

9-54-8.1. Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds.
Any lease agreement may grant an option to the lessee to purchase the project at a price and upon other conditions sufficient to assure the payment and redemption of the bonds and payment and reimbursement of all such other charges and costs. Any lease or sale agreement may provide for acquisition of title to the project by the lessee or purchaser in advance of the retirement of the bonds, if such retirement is assured by the deposit with the municipality or the trustee of funds or of bonds or other obligations issued by the lessee or purchaser to the municipality, or bonds or other obligations issued or guaranteed by the United States or an agency thereof, which are payable as to principal and interest at the times and in the amounts required to pay the municipality's bonds at or before maturity and all interest and redemption premiums thereon when due. In this event the payments of principal and interest on such obligations, and any mortgage or pledge of property or funds securing such payments, shall be irrevocably pledged for the payment of the bonds, interest and redemption premiums and payment and reimbursement of all other costs.
Source:
SDCL, §9-54-8 as added by SL 1973, ch 59, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-9 - Municipal obligations restricted by contractual payments from facilities.

9-54-9. Municipal obligations restricted by contractual payments from facilities.
Nothing in this chapter shall be so construed as to authorize or permit any municipality to make any contract or to incur any obligation of any kind or nature except such as shall be payable solely out of the contractual payments from such facilities.
Source:
SL 1964, ch 148, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-10 - County and sanitary district powers.

9-54-10. County and sanitary district powers.
Any county shall have the same powers as a municipality under this chapter. Any sanitary district shall have the same powers as a municipality under this chapter with respect to any project providing sewer service or control of water pollution.
Source:
SL 1972, ch 45, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-11 - Municipal joint or cooperative agreements.

9-54-11. Municipal joint or cooperative agreements.
Any municipality, in order to accomplish the purposes provided in this chapter, may enter into agreements with any other public agency or agencies for joint or cooperative action and such agreements shall be governed by the provisions of chapter 1-24.
Source:
SL 1972, ch 45, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 54 - Economic Development Projects › Section 9-54-12 - Compliance with federal requirements for tax exemption.

9-54-12. Compliance with federal requirements for tax exemption.
Notwithstanding any provision under the laws of the State of South Dakota, a municipality in order to accomplish the purposes provided in this section and chapter 6-8B may perform all acts necessary to comply with the requirements of §103 of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to §103 to insure that all interest from bonds issued under this chapter is tax exempt.
All hearings or acts necessary to comply with §103(k) of the Internal Revenue Code of 1954, as amended, and any regulations promulgated pursuant to §103(k) are exempt from the requirements and procedures of chapter 1-26.
The Governor is the approving representative for the state for the purpose of complying with the applicable provisions of §103(k) of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to §103(k) necessary to insure that all interest from bonds issued is tax exempt.
Source:
SL 1984, ch 43, §58.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-1 - Definition of terms.

9-55-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Assessable unit," the front foot, square foot, equivalent front foot, or other unit of assessment established under the proposed method of assessment set forth in the resolution of intent to create a business improvement district;
(2)"Occupation tax," a fee imposed on any person with an established place of business within the district for the privilege of doing business;
(3)"Record owner," the fee owner of real property as shown in the records of the office of the register of deeds in the county in which the business area is located. A contract purchaser of real property is the record owner for the purpose of this chapter and the only person entitled to petition pursuant to §9-55-9 or protest pursuant to §9-55-10; and
(4)"Space," the square foot space wherein customers, patients, clients, or other invitees are received and space from time to time used or available for use in connection with a business or profession of a user, except all space owned or used by political subdivisions.
Source:
SL 1986, ch 81, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-2 - Imposition of special assessment or general business license and occupation tax.

9-55-2. Imposition of special assessment or general business license and occupation tax.
Any municipality may impose a special assessment upon the property within a business improvement district in the municipality or a general business license and occupation tax on businesses and users of space within a business improvement district or both.
Source:
SL 1986, ch 81, §2; SL 2003, ch 47, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-3 - Uses to which generated funds may be put.

9-55-3. Uses to which generated funds may be put.
Any money generated pursuant to §9-55-2 may be used for any one or more of the following purposes:
(1)The acquisition, construction, maintenance, and operation of public off-street parking facilities for the benefit of the district area;
(2)Improvement of any public place or facility in the district area, including landscaping and plantings;
(3)Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement;
(4)Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area;
(5)Creation and implementation of a plan for improving the general architectural design of public areas in the district area;
(6)The development of any activities and promotion of the district area;
(7)Maintenance, repair, and reconstruction of any improvements or facilities authorized by this chapter;
(8)Any other project or undertaking for the betterment of the facilities in the district area, whether the project is capital or noncapital in nature;
(9)Enforcement of parking regulations within the district area; and
(10)Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter, and providing for any service necessary or proper to carry out the purposes of this chapter.
Source:
SL 1986, ch 81, §3; SL 2005, ch 54, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-4 - Creation of business improvement district--Established business area.

9-55-4. Creation of business improvement district--Established business area.
A municipality may create a business improvement district only as provided by this chapter. A municipality that has not adopted any zoning ordinance pursuant to §9-12-13 may create a business improvement district anywhere within the boundaries of the municipality. If a municipality has adopted a zoning ordinance pursuant to §9-12-13, the municipality may create a business improvement district only within the boundaries of an established business area that is zoned for business, public, or commercial purposes. For purposes of this chapter, an established business area, may include noncontiguous property within the incorporated municipality that has a common zoning designation. Any business improvement district that includes noncontiguous property pursuant to this section may, by resolution of the governing body, add qualifying property to the business improvement district.
Source:
SL 1986, ch 81, §4; SL 2005, ch 54, §2; SL 2007, ch 41, §1; SL 2018, ch 56, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-5 - Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development plan.

9-55-5. Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development plan.
The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to §9-55-2.
Source:
SL 1986, ch 81, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-6 - Composition of board--Vacancies--Terms--Officers.

9-55-6. Composition of board--Vacancies--Terms--Officers.
The board shall consist of no less than five members to serve such terms as the governing body, by resolution, determines. The mayor, with the approval of the governing body, shall fill any vacancy for the remainder of the term vacated. A member of such board may serve more than one term. The board shall select from its members a chairperson and a secretary.
Source:
SL 1986, ch 81, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-7 - Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment.

9-55-7. Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment.
Upon receiving a recommendation from the business improvement board, the governing body may create one or more business improvement districts by adopting a resolution of intent to establish a district or districts. The resolution shall contain the following information:
(1)A description of the boundaries of any proposed district;
(2)The time and place of a hearing to be held by the governing body to consider establishment of a district or districts;
(3)The proposed public facilities and improvements to be made or maintained within any such district; and
(4)The proposed or estimated costs for improvements, facilities and activities within any district, and the method by which the revenue shall be raised. If a special assessment is proposed, the resolution also shall state the proposed method of assessment.
The notice of intent shall recite that the method of raising revenue shall be fair and equitable. In the use of a general occupation tax, the tax shall be based primarily on the square footage of the owner's and user's place of business or based on rooms rented by any lodging establishment to transient guests as defined in §10-45-7. If the occupational tax is based on rooms rented by a lodging establishment, the tax shall be imposed on the transient guest and such tax may not exceed two dollars per occupied room per night. However, no occupational tax may be imposed on any transient guest who has been offered a room by a lodging establishment on a complimentary basis and no fee or rent was charged for such room. In the use of a special assessment, the assessment shall be based upon the special benefit to the property within the district.
Source:
SL 1986, ch 81, §7; SL 2005, ch 54, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-8 - Notice of hearing.

9-55-8. Notice of hearing.
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.
Source:
SL 1986, ch 81, §8; SL 1990, ch 68, §2; SL 2006, ch 35, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-9 - Petition for hearing.

9-55-9. Petition for hearing.
The owners of a majority of the assessable front footage in a business area or the users of a majority of space in a business area may, by petition, direct the governing body to hold a hearing to create a district pursuant to this chapter.
Source:
SL 1986, ch 81, §9; SL 1990, ch 68, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-10 - Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax.

9-55-10. Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax.
If a hearing is held under subdivision 9-55-7(2), the governing body shall:
(1)Hear all protests and receive evidence for or against the proposed action;
(2)Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and
(3)Continue the hearing from time to time as the governing body deems necessary.
If a special assessment is to be used, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the assessable front footage in the proposed district. If an occupation tax is to be used, the proceedings shall terminate if protest is made by the users of a majority of the space in the proposed district. If the general occupational tax is based upon rented hotel and motel rooms pursuant to §9-55-7, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the hotels and motels in the proposed district.
Any bonds for the construction of a convention facility that are payable from the proceeds of the hotel and motel room general occupational tax may only be issued and sold if at least two-thirds of the hotel and motel owners in the proposed district approve in writing of the issuance and sale of the bonds.
Source:
SL 1986, ch 81, §10; SL 1990, ch 68, §4; SL 2004, ch 79, §1; SL 2005, ch 54, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-11 - Procedure for change of boundaries.

9-55-11. Procedure for change of boundaries.
If the governing body decides to change the boundaries of a proposed district, the hearing shall be continued to a time at least thirty days after such decision and the notice shall be given as prescribed in §9-55-8, showing the boundary amendments. However, no new or additional resolution of intent is required for a proposed change in the boundary of a district.
Source:
SL 1986, ch 81, §11; SL 1990, ch 68, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-12 - Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.

9-55-12. Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.
The governing body, following a hearing held pursuant to subdivision 9-55-7(2), may establish or reject any proposed district or districts. If the governing body decides to establish a district, it shall adopt an ordinance to that effect. The ordinance shall contain the following information:
(1)The number of the resolution of intent and the date it was adopted;
(2)The time and place of the hearing that was held on the formation of such district;
(3)A statement that a business improvement district has been established pursuant to the provisions of this chapter;
(4)The purposes of the district and the public improvements and facilities to be included in such district;
(5)The description of the boundaries of such district;
(6)A statement that the businesses and professions in the district shall be subject to the general business occupation tax or that the real property in the area will be subject to the special assessment authorized by §9-55-2;
(7)The proposed method of assessment to be imposed on the property within the district or the initial rate of the occupation tax to be imposed on the business users of the space in the district; and
(8)Any penalties to be imposed for failure to pay the occupation tax.
Source:
SL 1986, ch 81, §12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-13 - Special assessment against real property located in district--Procedure.

9-55-13. Special assessment against real property located in district--Procedure.
A municipality may levy a special assessment against the real property located in a district, to the extent of the special benefit on such property, for the purpose of paying all or any part of the total costs and expenses of any project authorized by this chapter, within the district. The amount of each special assessment shall be determined by the governing body. Assessments shall be levied in accordance with the method of assessment proposed in the ordinance creating the district. If the governing body finds that the proposed method of assessment does not provide a fair and equitable method of apportioning costs, then the governing body may assess the costs under a method the governing body finds to be fair and equitable. Notice of a hearing on any special assessments to be levied under this chapter shall be given to the landowners in the district by publication of the description of the land, the amount proposed to be assessed, and the general purpose for which the assessment is to be made, once a week for two weeks in a daily or weekly newspaper of general circulation published in the municipality. The notice shall be published at least thirty days prior to the hearing and shall provide the date, time, and place of the hearing to hear any objections or protests by landowners in the district as to the amount of assessment made against their property. All special assessments levied under this chapter constitute liens on the property and shall be certified for collection and collected in such manner as the governing body determines by ordinance.
Source:
SL 1986, ch 81, §13; SL 1990, ch 68, §6; SL 2003, ch 47, §1; SL 2005, ch 54, §5; SL 2012, ch 57, §158.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-14 - Levy of general business occupation tax in addition to or in place of special assessments.

9-55-14. Levy of general business occupation tax in addition to or in place of special assessments.
In addition to or in place of a special assessment, a municipality may levy a general business occupation tax upon the businesses and users of space within a district established for acquiring, constructing, maintaining, or operating public off-street parking facilities and providing in connection therewith other public improvements, facilities and activities authorized by this chapter, for the purpose of paying all or any part of the total cost and expenses of any authorized improvement, facility or activity within such district. Notice of a hearing on any such tax shall be given to the businesses and users of space of such districts in the same manner as provided in §9-55-13.
Source:
SL 1986, ch 81, §14.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-15 - Procedure for implementation of tax.

9-55-15. Procedure for implementation of tax.
For the purposes of implementing the tax imposed under §9-55-14, the governing body may make a reasonable classification of businesses or users of space in a district. The collection of the tax imposed pursuant to §9-55-14, shall be made and enforced in such a manner as the governing body shall by resolution determine. The governing body may by resolution provide that failure to pay such tax shall constitute a violation of the resolution and shall subject the violator to a fine or other punishment as provided in such resolution.
Source:
SL 1986, ch 81, §15.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-16 - Reassessment or changes in rate of levy of special assessment or occupation tax--Procedure.

9-55-16. Reassessment or changes in rate of levy of special assessment or occupation tax--Procedure.
If, subsequent to the levy of an occupation tax or a special assessment, the use of any parcel of land shall change so that, had the new use existed at the time of making such levy, the assessment or levy on such property would have been higher than the levy or assessment actually made, an additional assessment or levy may be made on such property by the governing body. The governing body shall take into consideration the new and changed use of such property. Reassessments or changes in the rate of levy of special assessments or occupation taxes may be made by the governing body after notice and hearing as provided in §9-55-13. The governing body shall adopt a resolution of intent to change the assessment or rate of levy at least thirty days prior to the hearing on such change. Such resolution shall specify the proposed change and shall give the time and place of the hearing.
Source:
SL 1986, ch 81, §16; SL 1990, ch 68, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-17 - Limitations on amount of assessments or taxes.

9-55-17. Limitations on amount of assessments or taxes.
The total amount of special assessments or general business occupation taxes levied under this chapter may not exceed the total costs and expenses of the projects authorized in the resolution of intent for such district. The levy of any additional special assessment or occupation tax may not reduce or affect in any manner the assessments previously levied. The special assessments or occupation taxes levied shall be for the purposes specified in the resolution of intent for each district and the proceeds may not be used for any other purpose.
Source:
SL 1986, ch 81, §17.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-18.1 - Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect.

9-55-18.1. Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect.
Any municipality that has created a business improvement district as provided by this chapter, and levied special assessments or general business occupation taxes, or both, may issue and sell bonds payable from the special assessments, business occupation taxes, or both, as provided in this section and chapter 6-8B if the owners of a majority of the assessable front footage in the district or the users of a majority of the space in the district petition the municipality to issue the bonds. Unless the bonds are to be general obligations which pledge the full faith and credit of the municipality, no election is required for the issuance of the bonds. The proceeds of the bonds shall be used only for the purposes for which the collections of the special assessments or general business occupation taxes from which the bonds are payable may be used pursuant to this chapter, to fund a debt service reserve for bonds that are not general obligations of the municipality, to pay the interest estimated to accrue on the bonds until the first collections of the special assessments or general business improvement taxes, and to pay the costs of issuance of the bonds. The governing body shall, in the resolution or ordinance authorizing the issuance of the bonds, agree that the governing body shall keep the business improvement district in effect, shall continue to impose and collect the special assessments and general business occupation taxes if the bonds are outstanding, and shall pledge so much of the collections of the special assessments and general business occupation taxes as may be necessary to pay the principal of, premium, if any, and interest on the bonds, and to maintain any debt service reserve established for the bonds.
The municipality may also pledge any part of the collections of special assessments or general business improvement taxes, in excess of those pledged to the payment of bonds issued under this section, to the payment of utility revenue bonds issued under chapter 9-40 or tax increment revenue bonds issued under chapters 11-8 and 11-9, but only if the proceeds of the utility revenue bonds or tax increment revenue bonds are used to finance improvements located, in whole or in part, in the business improvement district.
Source:
SL 1990, ch 68, §1; SL 2018, ch 70, §47.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-19 - Procedure for abolishment of district.

9-55-19. Procedure for abolishment of district.
The governing body may, by ordinance, abolish a district after a hearing thereon. The governing body shall adopt a resolution of intent to abolish the area at least thirty days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. Notice of the hearing shall be given as provided in §9-55-13.
Source:
SL 1986, ch 81, §19; SL 1990, ch 68, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-20 - Disposition of proceeds of tax or assessment upon abolishment.

9-55-20. Disposition of proceeds of tax or assessment upon abolishment.
Upon abolishment of a district, any proceeds of the occupation tax or the special assessment, or assets acquired with such proceeds, are subject to disposition as the governing body shall determine.
Source:
SL 1986, ch 81, §20.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 55 - Business Improvement Districts › Section 9-55-21 - Use of donated funds or grants.

9-55-21. Use of donated funds or grants.
The municipality may receive, administer, and disburse donated funds or grants for the purposes of and in the manner authorized by this chapter.
Source:
SL 1986, ch 81, §21.