South Dakota
Impact of grocery tax ballot measure could range from $134M to $646M, legislators told • South Dakota Searchlight
A new analysis of the Nov. 5 ballot measure aiming to eliminate state sales taxes on groceries projects state revenue losses ranging from $134 million to $646 million annually.
On Tuesday in Pierre, the Legislative Research Council presented the analysis to lawmakers on the state budget committee. Council employees provide research, analysis and administrative support to legislators.
Backers of the citizen-initiated ballot measure only aim to prohibit state sales taxes on groceries, but the measure references items sold for “human consumption.” The wide range of potential revenue losses depends on how “human consumption” is interpreted.
“This is why words matter,” said Jeff Mehlhaff, the council’s chief fiscal analyst.
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A narrow interpretation limits the measure’s impact to groceries. A broader interpretation includes many goods and services used by people, based on definitions and interpretations of “consume” and “consumption.” Utilities, toiletries and car repairs are some examples cited by the council as goods and services technically “consumed” by humans.
The narrow definition would reduce state revenues by an estimated $133.6 million. The broader interpretation would result in an estimated revenue loss of up to $646.2 million. The state’s total annual budget is $7.3 billion.
A coalition formed to oppose the ballot measure says that in addition to affecting state sales taxes, the measure would affect city sales taxes, due to a state law that say cities cannot tax anything the state doesn’t tax. Yet the actual language of the measure says “municipalities may continue to impose such taxes.”
New group argues grocery tax repeal could lead to income tax; sponsor calls claim a ‘fool’s errand’
When asked about that, Mehlhaff said, “I’m just leaving that where it is because it says municipalities may continue to impose such taxes.”
Rep. Tony Venhuizen, R-Sioux Falls, said voter passage of the measure could precipitate the worst budget cuts since the 10% across-the-board reductions during the 2011 legislative session.
“If the people vote for this, they need to know that when we come during January, we are not going to be doing increases for anything,” he said. “We’re going to make significant budget cuts.”
Retailers such as Walmart, Sam’s Club and Dollar General, which classify a significant portion of their sales as groceries and consumables, could see a substantial portion of their sales untaxed under the new measure, according to the analysis. It estimates that 59% to 81% of sales at those retailers could be affected.
The analysis says the Legislature would need to clarify the definition of “human consumption” to determine the measure’s full fiscal impact, should the measure pass.
Proponent says LRC recommended language
Rick Weiland runs Dakotans for Health, the group behind the ballot measure. He said the measure initially said “anything sold for eating or drinking by humans,” but was changed to “anything sold for human consumption” because the Legislative Research Council recommended it.
A 2022 letter to Weiland from the council suggested the initial wording was “overly vague, inviting various interpretations in determining its meaning.” The council recommended using terms like ingestion, chewing or consumed.
“These terms seem to be more precise than ‘eating and drinking,’ as they may better capture the various elements of food and beverage consumption,” the council wrote to Weiland.
Following this advice, Weiland said, his team revised the language to “anything sold for human consumption, except alcoholic beverages and prepared food.”
Attorney General Marty Jackley has since stated that “human consumption” is not defined by state law, and its common definition encompasses more than just food and drinks.
Weiland’s attorney sought clarification from Jackley in a February 2023 letter and email, but said he received no response.
Mehlhaff told budget committee members that the language used in the final draft is not the council’s recommendation, pointing to another line in the 2022 letter that offered a possible rewrite: “The retail sale of any food or food ingredient for any purpose is exempt from any tax imposed by law.”
Mehlhaff said if the measure passes, lawmakers could attempt to amend or repeal it before its effective date on July 1, 2025.
South Dakota
Thousands expected for Avera Race Against Cancer in South Dakota
Thousands of participants are expected to lace up their shoes as the 38th Annual Avera Race Against Cancer returns Saturday, May 9, with events across eastern South Dakota and southwest Minnesota.
Avera Race Against Cancer running and walking events will take place in Sioux Falls, Aberdeen, Mitchell, Pierre, Yankton and Marshall, Minnesota, with total participation projected to exceed 7,500 people. Last year’s event broke participation records with a total of 7,747 participants across all regions.
“We never take that for granted,” said Reid Jensen, director of annual giving for the Avera Foundation. “Yet a lot of our signups each year are based on the excitement and inspiration people have experienced or heard about from past events.”
The annual fundraiser supports patients facing all types of cancer, with proceeds benefiting a wide range of services. Among them is the Avera Cancer Institute Navigation Center, a 24/7 call center offering guidance and support to patients and families.
Funds also help cover lodging and transportation assistance for individuals and families, screenings and early detection, genetic testing, specialized equipment, wigs for cancer patients, complementary therapies, such as massage and Arts in Healing, and grief support and survivor events, according to the Avera Health press release.
Organizers emphasize that all dollars raised stay local to support patients and families in the region. As of April 30, fundraising totals had already reached more than $780,000 toward an $850,000 goal, $100k more than last year’s goal. Donations can be made online at AveraRace.org.
For those wishing to volunteer for the event, sign up online on the Avera Race Against Cancer Sioux Falls event page at averafoundation.org. Volunteers must be 16 years of age or older. Those who sign up to volunteer will receive a 2026 Avera Race Volunteer shirt.
There is also still time to register individually on the event website.The Avera Race is one of the few large events of its kind that offers “week of” and “same day” registrations, according to the Avera press release.
“We’ve been doing that for 37 years and will continue to do that,” said Elijah Bonde, community giving manager for the Avera Foundation.
Sioux Falls race details
In Sioux Falls, the race will start and finish at the GreatLIFE Fitness Club at Avera McKennan Fitness Center at 3400 S. Southeastern Ave. Race course maps are available for each running or walking course. Parking information can be found on the Sioux Falls event page online at averafoundation.org.
Before the day of the event, all registered individual and team participants are required to pick up their race day packets at the GreatLIFE Fitness Club at Avera McKennan Fitness Center on the following dates and times:
Team packets:
- Friday, May 1, 1-7 p.m.
- Saturday, May 2, 8 a.m.–5 p.m.
- Sunday, May 3, 10:30 a.m.–7 p.m.
- Monday, May 4, 7 a.m.–7 p.m.
Individual packets:
- Thursday, May 7, 3:30–6:30 p.m.
- Friday, May 8, 7 a.m.–6:30 p.m.
Packets will include timing chips on racing bibs for the 5K and 10K races and the first 5,000 registrants will receive an official 2026 Avera Race Against Cancer shirt.
Whether rain or warms rays of sunshine, the race day schedule of events will be as follows:
- 6 a.m. — Complimentary shuttle buses begin, running in 15-minute increments until 10 a.m.
- 7 a.m. — Avera Race Expo and Survivor Pavilion opens
- 7:15 a.m. — Survivor group photo
- 7:40 a.m. — Song tribute to all survivors
- 7:45 a.m. — Aerobic warm up with Jackie Haggar-Tuschen, executive director at Avera McKennan Fitness Center
- 8 a.m. — 10K race start and breakfast buffet opens
- 8:15 a.m. — 5K race start
- 8:20 a.m. — 1.5 and 3-mile walk start
Both runs will be staggered and chip-timed. Race results will be posted online after the race at AveraRace.org.
‘Smiles, hugs and a few tears’
The Race offers countless moments that keep people coming back year after year. It’s a powerful reminder of what can happen when a community comes together — united by purpose, driven by hope and committed to a cause that truly matters.
That spirit of unity is shown by not just runners and walkers, but also from local sponsors and organizations who make the event possible.
This year, Sioux Falls Ford Lincoln serves as the title sponsor for the 2026 race, and events like the Sioux Empire Ford Club’s Mustang Cruise for Race Against Cancer, held on April 28, have helped build momentum and excitement leading up to race day.
For the participants themselves, they bring their own story, motivation and connection to the cause.
“Many [participants] are running enthusiasts who appreciate the chip-timed 5K and 10K races, with awards to top finishers,” Bonde said.
Others simply enjoy venturing out an a spring day for a leisurely 1.5-mile family walk or a 3-mile walk, while also supporting a good cause.
In this instance, the race can also be a spectator sport for those who wish to cheer participants in support.
For those who stand beside patients in their hardest moments, the Avera Race Against Cancer is a day filled with meaning, and reflects the stories they carry, the lives they’ve cared for and the courage they witness every single day.
This is true for Jayna Boeve, mammography quality control technologist who leads a team from Avera primary care clinics in Sioux Falls, who has seen cancer tough the lives of not just patients but also co-workers, friends and family members.
“As healthcare workers, it’s especially meaningful for us to stand alongside our patients outside the clinical setting and show our support in a visible, unified way. It’s become a tradition that brings our team together for a cause that truly matters.”
For many others, the annual event is “deeply personal.”
Avera Foundation statistics reval that 90% of participants are not cancer survivors themselves but attend in support of someone they love, according to Avera’s press release on April 28.
“There’s a lot of fun as teams show their spirit. But there’s also inspiration as we recognize survivors and remember those who are no longer with us,” Jensen said. “We see a lot of smiles and hugs but also a few tears.”
Vanessa Carlson Bender is the Development and Public Health Reporter at the Sioux Falls Argus Leader. Reach her at vbender@gannett.com.
South Dakota
Tribes sue to halt exploratory drilling in Black Hills near sacred ceremonial site
SIOUX FALLS, S.D. (AP) — Nine Native American tribes in South Dakota, North Dakota and Nebraska are suing the federal government in a bid to stop exploratory drilling for graphite near a sacred site in the Black Hills.
A small group of demonstrators has been protesting at the drilling location and at the mining company’s headquarters since they learned ground was broken on the drilling project in late April.
The tribes filed their federal lawsuit Thursday in South Dakota against the U.S. Forest Service and U.S. Department of Agriculture, alleging that the agencies violated federal law by greenlighting a project near a site called Pe’Sla, a meadow in the central Black Hills used for tribal ceremonies, prayer and youth camps year-round.
The project is the latest point of tension between tribes and mining interests in the lush pine-covered Black Hills, which encompass over 1.2 million acres (485,000 hectares), rising from the Great Plains in southwest South Dakota and extending into Wyoming.
The region is a yearly destination for millions of tourists boasting such attractions as Mount Rushmore and wildlife-filled state parks. Yet for even longer, it has been sacred to Sioux tribes who call the area He Sapa and consider it “the heart of everything that is,” according to the complaint.
Some of the landscape has already been altered by the gold rush of the 1870s that developed the region and displaced Native Americans. And in recent years, a new crop of miners driven by rising gold prices have sought to return to the landscape.
The complaint said the project by Rapid City-based mining company Pete Lien & Sons would impact the use of Pe’Sla for traditional, cultural and religious purposes by the tribes, and that the Forest Service did not consult with the tribes before approving the project.
Parts of Pe’Sla are owned by Sioux tribes after they bought the land in 2012, 2015 and 2018, and an agreement between the tribes and the Forest Service established a two-mile (three kilometer) buffer zone on public lands around the site, according to the complaint.
Because Pe’Sla was not included as an affected area and no environmental review was conducted, the approval violates the National Historic Preservation Act and National Environmental Policy Act, the lawsuit alleges.
Pete Lien & Sons, which supplies materials like limestone, sand and gravel, did not return email requests or voicemails for comment Thursday and Sunday.
Frank Star Comes Out, president of the Oglala Sioux Tribe, said in a statement that the lawsuit is “a historic demonstration of unity” between the nine tribes. The tribes are separate, distinct federally recognized tribes sharing cultural and linguistic roots, but each with its own government and land base.
“We as Lakota people have been coming and praying and holding ceremony at these places for over 2,000 years,” said Wizipan Garriott, president of Indigenous advocacy group NDN Collective and a member of the Rosebud Sioux Tribe. “And so us being here is a continuation of countless generations before us. And it’s important that these sacred places be protected for future generations to come.”
The project was granted a permit from the Forest Service in February without conducting an environmental review because the agency said it met the requirements for a categorical exclusion, like having a duration of less than a year and not posing impacts to environmental and cultural sites.
But tribal opponents disagree that those requirements were met and said drilling projects are often a first step leading to future mines.
Besides the lawsuit from the tribes, NDN Collective and other environmental groups filed a request for a temporary restraining order and preliminary injunction to halt the project.
Some of the drilling pads are in the buffer zone around the site, according to NDN Collective. The project calls for the company to drill up to 18 holes down some 1,000 feet (300 meters) into the Earth to collect samples.
On Thursday, opponents demonstrated with signs reading “Protect Pe’Sla” and “Sacred ground not mining bound” near two drilling pads to block access. NDN Collective said the Forest Service told them drilling was paused for the rest of the day and the contractors were sent home.
The Forest Service said in a statement that it had no comment on the project when asked for a response.
“The Forest Service does not comment on the specifics of the case or on issues that are part of ongoing legal proceedings,” the statement said.
It is unclear when drilling began, but NDN Collective said it noticed drilling pads in operation last week. The group said protest actions will continue as needed to protect Pe’Sla.
“As Lakota, we pray as long as we need to,” Garriott said.
South Dakota
South Dakota Property Tax Refund Program: Do You Qualify?
AARP South Dakota works to help individuals 50-plus make sure their money lives as long as they do.
That is why we fight for measures to help provide financial security, like the South Dakota Property and Sales Tax Refund Program. Each year during the legislative session, we proudly advocate for funding to keep this program available for older adults with low income and people with disabilities.
2026 Program Eligibility:
- Be a South Dakota resident during all of 2025;
- Be 65 years old on or before January 1, 2025, or disabled at any time during 2025; and
- Live alone and have a yearly income of $17,215 or less OR live in a household whose members’ combined income is $23,265 or less.
Property taxes are the single most burdensome tax for low-income and older homeowners. Many of our state’s elderly citizens have lived in their homes for generations. As their property values have appreciated, so have their property taxes. Plus, older adults often live on fixed incomes and cannot afford the yearly increases in their property taxes while meeting their basic needs for food, medicine and utilities.
AARP South Dakota advocates for you – helping you take advantage of property tax refund programs that can save you money and help you stay in your home longer.
The deadline to apply for South Dakota’s program is July 1, 2026.
Resources:
Read the South Dakota Department of Revenue’s Frequently Asked Questions
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