SB 154 — clarify the eligibility of multiple garages or structures to be classified as owner-occupied.

26.907.1826.907.19 101st Legislative Session 154 South Dakota Legislature Senate Bill 154 IntroducedENROLLED by:A N ACT ENTITLED An Act to clarify the eligibility of multiple garages or structures to be classified as owner-occupied.

SenatorB HulseE AnIT ActENACTED toBY clarifyTHE theLEGISLATURE eligibilityOF ofTHE multipleS garagesTATE orOF structuresS toOUTH beD classifiedAKOTA as: owner-occupied.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

For the purposes of this section, an owner-occupied single-family dwelling is a house, condominium apartment, residential housing consisting of four or less family units, town house, town home, housing cooperatives where membership in the cooperative is strictly limited to stockholder occupants of the building, dwelling as classified in § 10-13-39.1, and manufactured or mobile home as defined in § 32-3-1, which is assessed and taxed as a separate unit,unit. including an attached or unattached garage.

An owner-occupied single-family dwelling includes all garages and ancillary structures related to the residential use of the dwelling by the owner, and the parcel parcels of land upon which the structure is garages or structures are situated, as recorded in the records of the director of equalization.

If the owner occupies fifty percent or more of the living space within the dwelling, the entire dwelling is classified as an owner-occupied single-single-family family dwelling.

If the owner occupies a duplex, triplex, or fourplex, or less than fifty percent of the living space within the dwelling, the portion of the dwelling so occupied shall must be classified as an owner- occupied single-family dwelling.

Overstrikes10-13-45. indicate deleted language.

26.907.18Any contractor that has constructed or is constructing a single-family dwelling, as defined in § 10-13-39, for the purpose of selling the dwelling to be occupied as a single-family dwelling may apply to have the property specifically classified for the 26.907.19 2 154 10-13-45.purpose of taxation pursuant to §§ 10-13-39 to 10-13-40.3, inclusive, as an owner- occupied single-family dwelling.

Any contractor that has constructed or is constructing a single-family dwelling, as defined in § 10-13-39, for the purpose of selling the dwelling to be occupied as a single-family dwelling may apply to have the property specifically classified for the purpose of taxation pursuant to §§ 10-13-39 to 10-13-40.3, inclusive, as an owner- occupied single-family dwelling.

For the purposes of this section, a single-family dwelling is a house, condominium apartment, residential housing consisting of four or less family units, town house, or town home, which may be assessed and taxed as a separate unit, including an attached or unattached garage and the parcel of land upon which the structure is situated as recorded in the records of the director of equalization.

However, no No dwelling, pursuant to this section, may be classified as an owner-occupied single-family dwelling for more than two consecutive years.

UnderscoresSB154 indicateENROLLED new26.907.19 language.3 154 An Act to clarify the eligibility of multiple garages or structures to be classified as owner- occupied.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

154 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

154 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB154 ENROLLED