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.”
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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
Trading property tax for sales tax: Legislature moves forward with parts of homeowner relief package
PIERRE — Two pieces of a property tax reduction package prepared by South Dakota’s legislative leadership and the executive branch are moving forward, but one bill failed during votes on Monday as lawmakers began the final week of the annual legislative session.
The House of Representatives voted
42-27
in support of
Senate Bill 245
, which would pull future revenue from a scheduled sales tax increase from 4.2% to 4.5% next year into a relief fund for homeowner property taxes, and use nearly $56 million in one-time money to seed the fund before the sales tax increase.
The Senate supported
House Bill 1323
, which would reduce the number of petition signatures needed to force an election on a local government’s decision to levy property taxes beyond limits set by the state. The Senate passed the bill 19-15.
Both bills have to return to the opposite chamber for consideration of amendments.
The Senate rejected
House Bill 1253
, which would cap annual assessment growth for owner-occupied homes and commercial properties at 5% annually and reset assessments back to market value every five years. The bill failed with a 9-24 vote.
The bills are part of a broader,
five-bill legislative package
targeted at property tax relief.
Another bill
in the package, which would allow counties to implement a half-percent sales tax with proceeds going to homeowner property tax credits, is awaiting the governor’s signature after he proposed it and it received both chambers’ approval.
The legislative budget committee is scheduled to consider a fifth piece of legislation in the package on Tuesday.
The bill
would reduce maximum property tax levies for school districts.
Sales tax bill overcomes concerns about future budget needs
SB 245 would capture revenue from the impending sales tax increase to deposit into a “homeowner property tax reduction fund” meant to reduce property taxes levied by school districts. The Legislature and then-Gov. Kristi Noem reduced the state sales tax rate three years ago but scheduled the reduction to sunset in 2027.
House Speaker Jon Hansen, R-Dell Rapids, told lawmakers on Monday that the bill would be an “investment in the people,” because it’ll give South Dakota homeowners more money to spend as they choose. Hansen, the bill’s sponsor and a candidate for governor, said that would lead to more spending and, therefore, more sales tax revenue. The state relies on sales taxes, while counties and schools rely on property taxes, and cities receive revenue from property taxes and sales taxes.
Some opponents said the legislation would favor wealthier, property-owning South Dakotans rather than lower-income renters.
(Photo by Makenzie Huber/South Dakota Searchlight)
Rep. Mike Weisgram, R-Fort Pierre, worried that automatically diverting future state revenue to reduce homeowner property taxes would come at the cost of other priorities, such as annual funding increases for state employees, Medicaid providers and public schools — which are known as the “big three” budget priorities. Lawmakers often
aim
to increase funding for the groups by 3% or inflation, whichever is less. An inflationary increase this legislative session would be 2.5%, according to the state Department of Education.
“We are just clawing to get 1.4% for the big three,” Weisgram said. “I don’t think any of us are proud of that.”
Hansen said the decision “is not an either-or” situation.
“We can help the property taxpayers in the state who desperately, desperately need it,” Hansen said, “and then I trust fully that this state is going to continue to grow and that we are going to be able to meet the needs of our core obligations of this state.”
The bill was introduced as an amendment to placeholder legislation last week, and it will head to the Senate for approval. The Senate narrowly rejected a
similar proposal
earlier this legislative session.
Senate approves lower signature threshold to force election on excess taxes
The version of House Bill 1323 that passed the Senate would set the number of petition signatures needed to force an election on an excess tax levy (often called an “opt-out”) for a local government at 2,500 or 5% of registered voters within its jurisdiction, whichever is less. The current threshold to refer decisions by a local government is 5% of registered voters in the district, without a 2,500 signature cap.
The bill’s sponsor, Sen. Taffy Howard, R-Rapid City, said it will still be difficult to refer decisions by a local government to voters.
“You’re talking dozens and dozens of volunteers, weeks of organized effort,” Howard said. “There’s not a lot of people that have been through that and can even organize that kind of effort. So it’s not a trivial bar.”
Because the bill was amended since it last appeared in the House, it’ll now go to the House for approval.
HB 1253 intended to provide South Dakota homeowners and commercial property owners predictable increases in their property assessments, which factor into property taxes they pay, over five year periods.
But opponents said the change would shift the property tax burden onto farmers and ranchers and surprise homeowners every five years when assessments would be re-based on market value, which could lead to double-digit increases in assessments.
This story was originally published on
SouthDakotaSearchlight.com.
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South Dakota
Political Pulse: South Dakota Senate Majority Leader Jim Mehlhaff on data centers, property taxes and more
RAPID CITY, S.D. (KOTA) – State Senate Majority Leader Jim Mehlhaff joined Political Pulse over the weekend.
Mehlhaff weighed in on property tax proposals, data centers, and effort to repeal the death penalty and speculation that Kristi Noem could run for Senate.
The interviewed was taped on Saturday.
See a spelling or grammatical error in our story? Please click here to report it.
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Copyright 2026 KOTA. All rights reserved.
South Dakota
These 15 South Dakota counties will see DUI checkpoints this month
The monthly law enforcement effort helps to reduce alcohol-related deaths on the road.
The reason drinking among adults hit a record low
Fewer Americans are drinking alcohol, and more now see even moderate drinking as a health risk, according to a new Gallup poll.
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The South Dakota Department of Public Safety is raising awareness this month on the dangers of drinking and driving.
Sobriety checkpoints take place statewide every month, usually hitting about 15 counties, in hopes of reminding motorists to “make responsible choices and avoid driving after drinking alcohol, whether or not a checkpoint is planned in their area,” says DPS communications director Brad Reiners.
DPS also announces ahead of time which counties will be monitored, most often Codington, Lincoln, Meade, Minnehaha and Pennington counties.
What is a sobriety checkpoint?
A sobriety checkpoint is a law enforcement effort that stops vehicles at pre-determined locations to identify and arrest impaired drivers as necessary.
These police stops are not based on unrelated violations of the law (ie., speeding, reckless driving, no seatbelt). Rather, officers are stopping any vehicle in a set pattern in a highly visible location that a driver will approach and must comply with.
Beyond arrests for driving under the influence (DUIs), including breathalyzer tests (PBTs) to determine blood alcohol level (BAC) as needed, the systematic effort is designed to “reduce impaired driving and improve roadway safety,” Reiners said.
South Dakota counties where checkpoints will take place in March include:
- Beadle
- Brookings
- Brown
- Clay
- Codington
- Day
- Hughes
- Hutchinson
- Jones
- Lawrence
- Lincoln
- Lyman
- Meade
- Minnehaha
- Pennington
How many sobriety checkpoints took place in Minnehaha County in 2025?
Other than confirming counties ahead of time, Reiners says time, day and exact location of each checkpoint cannot be confirmed.
Here’s a look at totals from sobriety checkpoints in Minnehaha County in 2025.
Reiners says the number of vehicle stops is merely based on how many happen to drive through a checkpoint that day:
- January: 30 vehicles stopped, 3 PBTs, no DUI arrests
- February: 18 vehicles stopped, 1 PBT, no DUI arrests
- March: 150 vehicles stopped, 9 PBTs, no DUI arrests
- August: 49 vehicles stopped, 1 PBT, no DUI arrests
- September: 105 vehicles stopped, 14 PBTs, no DUI arrests
- November: 63 vehicles stopped, 2 PBTs, 2 DUI arrests
How many fatal, alcohol-related car accidents are there in South Dakota?
According to the South Dakota Department of Health, among 365 alcohol-related deaths in 2024, 19% were because of a transportation/machinery accident, the second-most common cause.
The leading cause of alcohol-related deaths in 2024 was poisoning/toxic effects, at 24%.
Counties that most often experience overall alcohol-related deaths include Buffalo, Mellette, Corson, Oglala Lakota and Dewey counties.
Overall, males make up 65% of alcohol-related deaths in South Dakota from 2015-2024, almost two times higher than the female rate, with ages 30-69 at the highest risk.
Operation: Prairie Thunder not involved in sobriety checkpoints
DPS officials say the S.D. Office of Highway Patrol, the South Dakota Highway Patrol (SDHP) and local law enforcement agencies support DUI checkpoints, which are funded by the South Dakota Office of Highway Safety (SDHS).
Although Operation: Prairie Thunder (OPT) recently completed its 11th saturation patrol in Watertown on Feb. 26-27 – missions that bring together the SDHP with the city, county and federal law enforcement partners – SDHS officials stated last week that “sobriety checkpoints are not conducted as part of Operation: Prairie Thunder.”
Rather, OPT consists of targeted saturation patrols focused on criminal activity in a variety of communities.
Since its inception in August of last year, here’s a look at where total numbers stand for OPT, provided by the DPS.
Ongoing Operation: Prairie Thunder running totals
- 443 arrests
- 281 individuals in custody with a drug charge
- 162 in custody without a drug charge
- 473 individuals with a drug charge
- 192 charged and released
Operation: Prairie Thunder criminal drug apprehension totals
- 1,109 drug charges
- 318 felony drug charges
- 791 misdemeanor drug charges
- 81 felony warrants
- 168 misdemeanor warrants
Operation: Prairie Thunder ICE contacts
- 93 contacted
- 95 interviewed
- 71 in custody
- 9 apprehended for cartel / gang
- 10 identified for cartel / gang
- No human trafficking arrests
- No recoveries
Operation: Prairie Thunder traffic enforcement
- 42 DUIs
- 5 reckless driving
- 2,244 citations
- 2,725 warnings
The South Dakota governor’s office announced last December that operations will continue into 2026.
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