SB 177 South Dakota Senate · 2025 Regular Session

provide a sales and use tax refund for goods and services related to data center operations.

This bill would allow South Dakota to refund sales and use taxes on equipment and services purchased for data center operations. It directly affects businesses that build or operate data centers within the state by reducing their initial tax burden on related purchases. The key provision creates a refund mechanism for qualifying data center expenses, which are currently subject to state sales and use taxes. This policy change aims to make South Dakota more competitive for data center development by lowering upfront costs for operators.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
Senate Passage
Feb 2025
House Passage
Governor
Introduced Jan 30, 2025 Last action Feb 18, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Senate Taxation Engrossed · 6 edits · Feb 7, 2025
MODERATE
This bill adds a new section to South Dakota tax law that creates a sales and use tax refund program for data center operations. It defines what qualifies as a data center and provides tax refunds for equipment and software purchases used in these facilities.
Scope change
The bill introduces a new tax refund program specifically for data center operations, which previously did not exist in South Dakota tax law.
DEFINITION

Added detailed definitions for key terms including computer software, data center, enterprise information technology equipment, initial furnishment, qualifying date, qualified business, qualified data center, and substantial refurbishment.

ELIGIBILITY

Established eligibility criteria requiring data centers to be located in South Dakota, have a primary purpose of containing data centers, and meet infrastructure requirements like uninterruptible power supplies and fire suppression systems.

TIMELINE

Set a deadline of July 1, 2029 for the qualifying date (when initial construction begins) and established a twenty-year refund period starting from the qualifying date.

FISCAL

Limited the initial furnishment cost threshold to $500 million and created a refund program for enterprise IT equipment and computer software purchases.

REQUIREMENT

Added documentation requirements where future qualified businesses must submit evidence to the Governor's Office of Economic Development to verify plans and obtain eligibility determination.

Required qualified data center owners to provide documentation to co-located operators or tenants to verify the center meets qualified data center definitions.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
11
Key actions
5
Committee
3
Amendments
2
Feb 13, 2025
Upper · Passed
Intent to reconsider , Passed, S.J. 270
upper
Feb 13, 2025
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 17, NAYS 18 S.J. 270
upper
Feb 13, 2025
Introduced
Senate Motion to amend , Passed, S.J. 270 Amendment 177D
upper
Feb 12, 2025
Upper · Passed
Senate Deferred to another day , Passed, S.J. 259
upper
Feb 11, 2025
Upper · Passed
Senate Deferred to another day , Passed, S.J. 233
upper
Feb 7, 2025
Upper · Passed
Taxation Do Pass Amended , Passed, YEAS 6, NAYS 1 S.J. 4
upper
Feb 7, 2025
Introduced
Taxation Motion to amend , Passed, S.J. 3 Amendment 177B
upper
Feb 3, 2025
Committee
Referred to S.J. 152
upper
2 primary · 0 co-sponsors

Sponsors