BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-9-12 be amended to read as follows:
10-9-12. Any tax not paid within the period prescribed in § 10-9-10 is subject to a penalty of the Category B rate of interest as established in § 54-3-16. The penalty shall attach and be a charge upon the tax.
Section 2. That § 10-21-7.3 be amended to read as follows:
10-21-7.3. Any property taxes remitted by electronic transmission pursuant to § 10-21-7.1 are delinquent if not remitted by the third day of the month following the month the taxes are due. However, notwithstanding the provisions of § 10-21-23, the first half of property taxes are not delinquent if the fifth payment made monthly pursuant to § § 10-21-7.1 to 10-21-7.3, inclusive, is credited to the bank account designated by the county treasurer on or before May first. If taxes become delinquent pursuant to this section, interest shall be added to the delinquent taxes at the Category B rate as established pursuant to § 54-3-16 for each day the taxes are delinquent.
Section 3. That § 10-21-23 be amended to read as follows:
10-21-23. On the first day of May of the year after which taxes have been assessed, one-half of all unpaid real estate taxes are delinquent. However, all real estate taxes totaling fifty dollars or less shall be paid in full on or before April thirtieth. On the first day of each month thereafter there shall be added as interest on the delinquent taxes at the Category B rate of interest as established in § 54-3-16. If the other half is not paid on or before the thirty-first day of October of the same year, that also becomes delinquent on November first and the same interest shall attach in the same manner.
Section 4. That § 10-23-8 be amended to read as follows:
10-23-8. Before making a sale of lands and town lots on which taxes have not been paid, the treasurer shall offer each separate tract for sale in the numerical order in which it appears on the tax
list and receive bids for it. If any person bids the full amount of the taxes, interest, and costs due on
the land or town lots, stating in the bid the lowest rate of interest per year at which the bidder will
pay the taxes assessed and due against the land and lots, the treasurer shall sell to that person the land
or town lots and shall issue a certificate of sale to the purchaser. In no case may the rate of interest
exceed the rate named in the bid and the bid offered on the land or lots at the lowest rate of interest
per year shall be considered the best bid. No rate of interest higher than ten percent per year is a valid
bid pursuant to this section. Upon redemption of a certificate that has been sold or assigned to a
purchaser other than the county, a fee shall be deducted from the proceeds paid to the holder of the
certificate. The county commission may, by resolution, establish a fee not to exceed fifty dollars. No
property owner may be assessed this additional fee. The fee shall be deposited in the county general
fund. Nothing less than the entire tract or lot may be sold.
Section
5.
That
§
10-23-23
be amended to read as follows:
10-23-23.
All real property sold for delinquent special assessments pursuant to
§
10-23-1 and not
redeemed shall be entered by the county treasurer upon the duplicate tax lists of the county for the
succeeding years and noted upon all duplicate tax receipts for the real property. The county treasurer
shall add to the amount of each special assessment so certified interest at the Category B rate of
interest as established in
§
54-3-16, and ten cents on each lot or parcel of ground for the cost of
advertising. No other costs or penalties may be added except as provided by law for certificate of
sale, deed, and acknowledgment.
Section
6.
That
§
10-23-25
be amended to read as follows:
10-23-25.
If the county treasurer of any county bids off any real property in the name of the
county, the treasurer shall make out a certificate of purchase to the county in the same manner as if
sale had been made to any other person. The certificate shall be retained by the treasurer, but no tax
receipt may be issued and no amount may be due the state, or any other fund. No treasurer's
commission may be paid by the county until redemption has been made from the sale or the time of
redemption has expired, or until the interest of the county has been assigned. The certificate issued
to the county shall bear interest at the Category B rate of interest as established in
§
54-3-16.
Section
7.
That
§
10-27-5
be amended to read as follows:
10-27-5.
If the party seeking relief asserts the invalidity of the tax, its application or its legal
existence as a lien or claim against the property involved, as distinguished from irregularities in
procedure no tender may be required as to any portion properly asserted to be invalid or void as a
tax for any reason going to its base or legal existence. In all such cases, the court in the action or
proceeding shall first determine the question of the legality or existence of any tax and, if necessary,
to make proper assessment, calculation, and order as to the amount, if any, which should have been
legally paid. All of this shall be determined as of the date when the assessment and levy was or should
have been made, except that the due date of the tax shall be established as the first day of January
next following the date when an assessment originally was or should have been made. The court shall
enter its order directing the party seeking relief to deposit a sum with interest at the Category B rate
of interest as established in
§
54-3-16 from the date when the tax originally became or should have
become due.
An Act decrease the rate of interest on property tax certificates and delinquent taxes.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1140
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Chief Clerk
Speaker of the House
Chief Clerk
____________________________
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
Governor
STATE OF SOUTH DAKOTA,
Filed ____________ , 19___
at _________ o'clock __ M.
Secretary of State
By _________________________
Asst. Secretary of State
