South Dakota
Legislative Update from the South Dakota State Capitol
Yes, the legislative session is over—except for Veto Day on Monday, March 31. We are grateful that Gov. Rhoden has signed almost all of the bills we worked on, except for HB1169, which he recently vetoed. As a result, we urge you to contact your two representatives and your senator and ask them to support HB1169 by overriding the governor’s veto.
HB1169 is a bill that would require signatures on an initiated petition for a constitutional amendment to be a representation of each of the 35 legislative districts. It should be difficult to make changes to our Constitution. The Constitution outlines the structure of government and is not intended to reflect the whims of current ideas. Once an article of the Constitution is amended, it isn’t easy to revert to the original article. Take, for example, the institution of video lottery in 1989. This was introduced through a change to the South Dakota Constitution in November 1988. Since then, we have attempted unsuccessfully several times to repeal video lottery.
In our recent 2024 election, attempts were made to amend our Constitution to make unfettered abortion legal in our state. Amendment H would have also installed “open primaries” into our Constitution. Thankfully, these measures were defeated.
HB1169 will prevent those seeking signatures on petitions from getting them only in and around Sioux Falls or Rapid City. Petition drivers will be required to obtain signatures from the less populated areas as well to gain a full representation of our state.
HB1169 passed with a veto-proof majority in the House 63-6; we are hopeful that these representatives will retain their Yes vote. However, the Senate vote of 19-15 is not veto-proof. We need 24 senators to submit a Yes vote.
You have until March 30 to make your voice heard.
ACTION: Contact your state senator and urge them to vote Yes to override the Governor’s veto on HB1169. Click here if you don’t know who your state senator is. Inform them that changing our Constitution should be a difficult process. Please also contact your two representatives and thank them if they voted Yes and/or urge them to vote Yes again on HB1169. Please let your representatives know that you are being kept informed by Concerned Women for America of South Dakota.
PRAYER: Father, Thank You that You are able to do exceedingly, abundantly above all that we ask or think. We are grateful for the many bills that were passed and signed by Gov. Rhoden. We thank you for our South Dakota Constitution and the freedoms we enjoy and ask that this final bill be passed and put into law. We are humbly grateful for the freedom we have in Christ who blesses us with His grace and salvation. In Jesus’ name. Amen
Thank you for your consistent prayers and actions on behalf of the bills we have been updating you about, as well as the many kind words that have been expressed as we lobbied, attended meetings, and testified before committees at the state capitol every week. We are grateful!
South Dakota
South Dakota’s most romantic restaurants for a memorable date night
Where to take your Valentine? Here are a few restaurants in South Dakota with ambiance made for first kisses and memorable nights.
It should feel like the entire restaurant was made for two.
Some of the most romantic restaurants in South Dakota have barely lit corners for kisses, velvet couches to snuggle into and a good wine list to make your Valentine swoon.
Here’s a look at some memorable, fairy tale dinners. Note: Don’t look at the prices when you make this reservation; the impassioned ambiance is worth the cost for this one.
Minerva’s Restaurant
Cozy booths, sparkly chandeliers and friendly maître d’s make up this historical corner of downtown Sioux Falls, South Dakota. Minerva’s has been open since 1977, but the establishment has been well-known since 1917, when it was first a confectionery and then a creperie. The nostalgia holds strong with a sprawling salad bar today, Santee bison steaks and a decadent chocolate soufflé for two.
Details: 301 S. Phillips Ave., Sioux Falls, S.D., 605-334-0386. Hours are 11 a.m. to 3 p.m. Monday through Saturday, 4:30 to 9 p.m. Monday through Thursday and 4:30 to 10 p.m. Friday and Saturday. Visit minervas.net.
Parker’s Bistro
Another historic building giving remarkable charm in Sioux Falls, Parker’s Bistro has exposed brick walls like a hug around white linen tabletops, glimmering candles and fresh flowers. (Tip: There’s a flower shop nearby. Stop there first.) It’s very intimate in there, with corner nooks on one side and an upscale bar next door with velvet couches near the windowfront. All of it hints at the first kiss.
Details: 210 S. Main Ave., Sioux Falls, S.D., 605-250-1322. Hours are 4:30 to 9 p.m. Monday through Thursday and 4:30 to 10 p.m. Friday and Saturday. Visit parkersbistro.net.
R Wine Bar
Italiano is spelled a-m-o-r-e.
Owners Riccardo and Marybeth Tarabelsi brought a romantic nighttime-in-Florence experience to downtown Sioux Falls with four upscale establishments, including R Wine Bar, Maribella Ristorante, Brix Wine Bar and Trio Jazz Club. If you really want to impress your date, squeeze it all into one date night, progressive dinner style.
R Wine Bar was first to open, introducing a large wine menu featuring Penfolds or Caymus from Napa Valley and an Antinori Tignanello Chianti from Classico, Italy. Appetizers include mussels and ceviche; dinner includes pasta al limone, Champagne chicken or Gorgonzola steak and gnocchi.
There’s always jazz music in the corner.
Details: 322 E. Eighth St., Sioux Falls, S.D., 605-271-0814. Hours are 11 a.m. to 2 p.m. and 3 to 10 p.m. Monday through Thursday and 11 a.m. to 2 p.m. and 3 to 11 p.m. Friday and Saturday. Visit RWineBar.com.
Legend’s Steakhouse
A legendary dinner for a legendary date night. The Legends Steakhouse is on the upper floor of the Silverado Franklin Hotel in Deadwood, South Dakota, and is notorious for its guests like presidents Teddy Roosevelt and William Howard Taft. Babe Ruth enjoyed the hotel bar, too.
Deadwood has so much kitschy history to love.
At the Silverado, it’s raucous at the casino downstairs, but quiet in the restaurant upstairs with a private dinner vibe, soft music barely there and lobster or steak Oscar for dinner.
Details: 709 Main St., Deadwood, S.D., 605-578-3670. Hours are 7:30 to 11 a.m. Sunday through Thursday and 5 to 9 p.m. Monday through Thursday and 7:30 to 11 a.m. and 5 to 10 p.m. Friday and Saturday. Visit silveradofranklin.com.
South Dakota
House committee squashes half-century tax break for SD data centers
PIERRE — Controversial data centers built in South Dakota won’t get a sales tax break—at least not yet.
The House State Affairs committee met Feb. 4 to weigh House Bill 1005, a bill which would have given owners and operators of qualifying data centers exemptions on the state’s sales and use tax for investments made in computer software and “enterprise information technology equipment”—a wide array of computer hardware, servers, power infrastructure, maintenance and security systems.
The exemption would apply to data centers that are issued a building permit between July 1 and June 30, 2036.
Data centers are physical facilities that house servers and networking equipment, which are typically used to store, manage, process and distribute large amounts of data.
Some of the common types of modern data centers include:
- AI data centers, which are specifically designed to support artificial intelligence applications;
- Colocation data centers, where third-parties manage the servers and components;
- Cloud data centers, where major providers, like AMS, Microsoft and Google, host cloud-based data and applications; and
- Enterprise data centers, which are often used for private uses by corporations.
Particularly large data centers are sometimes known as “hyperscalers.” These facilities can cost hundreds of millions to billions of dollars and require hundreds of acres of land to build, with construction at-times occurring in multi-year phases.
The legislation would have required businesses to submit documentation to the secretary of the state Department of Revenue, who would determine if the data center’s eligibility for the tax exemption.
A data center would have been able to receive the break if it could prove the facility’s electrical demands were under a written agreement or rate schedule that avoids shifting electrical costs to other consumers; and notice was given to local water providers that the site’s water consumption was “compatible for the location,” per the bill’s language. Data center owners would have also had to file an annual affidavit that discloses whether the business continues to meet the eligibility criteria.
However, those documents would have been considered confidential under the proposed legislation.
The bill was rejected by the committee, with nine members voting for and three against the legislation. Sioux Falls Republican Bethany Soye was excused from the vote.
Supporters of the legislation told committee members the sales tax break was essential to give data center investors and developers enough incentive to build in the Mount Rushmore state.
State Rep. Kent Roe, R-Hayti, who drafted the legislation, urged the committee to green-light the tax break on the premise that the state would reap a bounty of benefits—from “immense” property tax revenue and the creation of new high-quality jobs, to diversifying the state’s economic makeup.
Roe said other states have already legislated or otherwise implemented sales tax exclusions, and South Dakota needs a similar policy to remain competitive.
“We tax this technology higher than most,” Roe said. “That’s the truth. President Trump has stressed America’s need to lead. Our senators and congressmen highlight AI’s role in health care and national security. This is a national concern.”
Data center lobby uses well-worn revenue pitch
Steve DelBianco, president of NetChoice, a D.C. e-commerce trade group, threw out big numbers to buoy the benefits argument. Over the next 10 years, he projected $333 milllion of new property tax revenue to South Dakota from data centers alone.
For Jay Grabow, chair of the Deuel County Commission, the existential crisis his area faces is real. In 1920, per historical U.S. Census publications, Deuel County once called 8,759 people local inhabitants. Fast-forward to 2024, the county’s population has more-than-halved to 4,335, according to the U.S. Census Bureau.
Some of that Grabow attributes to the farming industry becoming more efficient over time—driving people per acre down—and the loss of at least one 200-employee business.
That means increased taxes over a smaller taxable population, Grabow said. And it also means Dallas-based Applied Digital, which is proposing a 430 megawatt AI data center east of Toronto, South Dakota, is, in the commissioner’s eyes, a means to lowering property taxes.
“We’re merely trying to keep what we had, merely trying to figure out a better way to do property taxes than to burden it on the people,” Grabow said. “If we can spread that across a $400 million billing, we have $1.1 billion of assets today. That’s a nearly-40% increase on our assets that we can spread those taxes across. That’s a 10 to 15% property tax [cut] across the board for those people.”
The economic windfall arguments resembled the debate over carbon pipelines over the last several years, when pipeline companies and some analysts projected an Iowa company’s transmission line could generate billions in the state and lower local taxes, as seen in previous Argus Leader reporting.
DelBianco said businesses and governments have increased their use of the cloud in recent years. The tech industry is tasked with building 50 data centers a year to keep up with U.S. demand, he added.
But the supply can’t be met if South Dakota doesn’t give developers and businesses a big-enough carrot to offset the significant capital investments they would make, DelBianco said.
Nick Phillips, executive vice-president for external affairs of Digital Applied, said South Dakota has been “unintentionally tax[ing] itself out of this market” under the current tax policy.
“The siting decision is binary,” Phillips said. “A project is built here or it is built somewhere else … Other states are capturing the investment, the jobs, and the long-term tax base.”
“The truth is that it’s just fiscally irresponsible to spend a billion dollars on a data center and have the equipment [that] goes in there, be subject to sales tax, when a billion dollar manufacturing, agricultural, another facility doesn’t pay sales tax on its equipment,” DelBianco added . “There are 40 states that exempt the equipment, so we have to pick the states that welcome through that policy.”
Data center opposition says tech threatens South Dakota’s largest industry
But opponents viewed the Big Tech push as an infringement upon South Dakota’s already No. 1 industry: agriculture.
Michelle Oftedahl, a Toronto, South Dakota, farm owner who lives a few miles away from Applied Digital’s proposed data center, spoke to the “unintended consequences” of boosting data centers. Farmland often out-prices what young farmers can afford to break into the ag industry, Oftedahl said, but it’s not too much for corporations with billions of dollars to spare.
Incentivizing data centers, the fifth-generation farmer added, would give rise to companies “buy[ing] land up cheap, knowing that they can cash in on possible future expansion projects, such as power plants, substations, and transmission lines, things that are needed to support the high amount of energy production required.”
“Encouraging large-scale economic development like data centers risks discouraging many young people from choosing agriculture for their future,” Oftedahl said. “This isn’t simply a vote about a sales tax exemption. It’s a statement about our values. Is South Dakota still first and foremost an ag state, or is large industrial economic [sic] now more important?”
Sara Steever, a retired Lennox resident who formerly led Sioux Falls agri-marketing agency Paulsen, questioned whether companies “worth billions and trillions of dollars” needed the tax breaks.
“Turns out that the fact that we can provide access to the megawatts of energy that is needed is tremendously valu[able],” Steever said as a remote testifier. “These companies don’t need tax breaks. They need connectivity, which we already have.”
Dakota Rural Action Lobbyist Melissa McCauley said the bill would lead to a “huge miss on revenue” for the state, given what she perceived as the broad nature of the proposed exemption.
“We are concerned that nearly everything needed to outfit the data center down to its door locks, security cameras, and even the cost of laying the fiber to the center would be exempt,” McCauley said. She asked openly whether a fiscal note should be added to the bill.
Tax break eligibility would not be public record under Roe bill
The stipulation that a data center’s eligibility documents would not be public record rankled opponents—some lawmakers, too.
Austin Adee, a Deuel County resident, said that section of the bill would create an “NDA-shielded secret court.” House Speaker Jon Hansen, who is running for South Dakota governor in 2026, raked the measure over this.
“This particular measure lacks transparency,” said House Speaker Jon Hansen. “The information goes to the secretary of the Department of Revenue, who can unilaterally decide without real qualification whether or not there’s going to be a tax break or not, whether or not rates are going to pass on, whether rate increases are going to pass on to consumers, and the people aren’t entitled to see any of the documentation that supports that decision. I think that’s wrong.”
The bill split the few Democrats on the committee, with Rosebud State Rep. Eric Emery supporting the legislation and House Minority Leader Erin Healy, of Sioux Falls, against it.
Emery asked Roe if the initiative behind the data center push included any guarantees that they would bring the promised jobs and wage-growth, to which Roe responded, “there’s no guarantees.”
Roe expounded upon this later, though, by pointing to the property tax revenue Applied Digital would likely bring to Deuel County—”north of $5 million” per annum, the Hayti lawmaker said, which is close to half of the county’s total budget.
At one point, Emery made a motion to send HB 1005 to the floor without a recommendation from the committee. Assistant Majority Leader of the House Marty Overweg spurned the idea, calling it “bad committee policy.” The motion died on a 5–7 vote.
Healy noted the day’s hearing lacked testimony from Sioux Falls stakeholders, despite a surge of public input in the city.
“I do believe that there is potential economic impact for data centers, but I also believe that economic development should never move faster than public input and transparency and also accountability,” Healy said.
House members will likely have to take up the debate once more during the 101st Legislative Session, as State Sen. Casey Crabtree, a Madison Republican who works for an area energy provider, filed a similar bill in the hours after the committee’s Feb. 4 decision.
The new legislation, a self-titled “Data Center Bill of Rights for Citizens”—akin to Crabtree’s 2024 “Landowner Bill of Rights,” which offered concessions to carbon pipeline opponents in order to ease pipeline development in South Dakota—also intends to exempt data centers from paying a sales and use tax for purchases made in developing a site, while also clarifying regulatory authority and preventing electric rate shifts onto consumers.
Crabtree’s bill does not provide an end-date on the sales and use tax exemption.
South Dakota
Sophomores lead Tea Area boys basketball to gritty win over O’Gorman
Watch Tea Area boys basketball in postgame interview
Watch as Tea Area’s Blake Lundin and Mitch Grant chat with Argus Leader sports reporter Paul Cifonelli after the Titans’ road win over O’Gorman.
Things didn’t look great coming out of halftime for the Tea Area boys basketball team, and O’Gorman made a point to shut off the Titans’ star juniors, Gavin Shawd and Grifin Wiebenga.
Sophomores Mitch Grant and Blake Lundin stepped up to the plate, helping author a 15-8 third that put Tea Area in front for good in a 65-61 win over O’Gorman on the Knights’ home floor.
“At the defensive end, we really just locked in and collapsed the paint and they didn’t really know what to do,” Lundin said.
Not only did the defense shut down the Knights, but Grant scored eight big points with a pair of threes and Lundin had a bucket and commanded lots of attention in the paint.
“I just think we started working as a team really well,” Grant said. “Griff and Gavin started to get in rhythm. I hit a couple big shots. We just play so well together when we get in stride, and when we get in stride it’s hard to stop.”
Tea Area closed out the game without forfeiting the lead, building it to as big as 52-41 early in the fourth. The Titans then had to grind their way to the finish, just like they did the entire first half.
“We talk a lot about taking punches,” Tea Area head coach Drew Weber said. “We don’t play very deep. When you play five or six guys most of the game, it’s hard to play good basketball for 32 minutes. We knew that O’Gorman can play really well and they did in that first quarter. We couldn’t guard worth a hoot in the first quarter, and we took a punch there.”
This young Titans team has learned how to take a punch, though, and dished one back when things mattered most on their 14-0 run between the end of the third and beginning of the fourth.
“That’s kind of been our MO in a lot of these games,” Weber said. “You take some punches here and there, then you throw one back with a 10-0 run, a 12-2 run, something like that.”
Tea Area is now 10-3 and in the midst of its best start since opening 12-3 in the 2022-23 season. It’s been led by two juniors — Shawd and Wiebenga — and the two sophomores, and those guys have used defeat as fuel for improvement.
The last two losses were an 82-55 defeat to Sioux Falls Roosevelt on Jan. 16, and a 62-60 loss to unbeaten Sioux Falls Lincoln on Jan. 31.
“The Roosevelt game hurt, and I feel like the score doesn’t do it justice,” Grant said. “That put a big dagger in us. That Lincoln game, it just hurt us more which helped us this game with energy and stuff.”
“That Lincoln game, that hurt,” Lundin said. “We probably played the best we’ve ever played and coming into this game, I think we knew they’re a top, competitive team. I think we all played together.”
Those losses have helped the Titans up their focus in practice, and the results of that focus have shown in their road win over Mitchell, close loss to Lincoln and road win over O’Gorman.
“Before the Lincoln game, we knew we really had to try at practice,” Grant said. “Practice just got better. Even our scout team started to step up and give us better looks. There’s days where the scout team is playing 10 times better than us. They’re key to our success.”
This Tea Area team thrives on its tough mentality and youthfulness. The Titans have showed that time and time again this season, and are anticipating more chances to prove their mettle with games left against Sioux Falls Jefferson, Sioux City East, Harrisburg, Brandon Valley, Sioux Falls Washington and Marshall.
“I’ve got a tough group of kids, that’s for sure,” Weber said. “Mental toughness in that game really showed.”
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