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South Dakota Bill 1281 cuts food sales tax to zero, raises general sales and excise tax rates to 5%, and creates a school construction loan fund

Original title: reduce the sales and use tax rates on food, to increase the rates for certain taxes, use taxes, and excise taxes, and to provide a new fund for school district capital outlay projects.

Last action · February 19, 2026: Deferred to the 41st legislative daySponsors: Erik Muckey and 5 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

South Dakota House Bill 1281 sets the sales and use tax rate on food and food ingredients to zero percent while raising the general sales tax, use tax, amusement excise tax, and various service excise taxes from 4.2 percent to 5 percent. It also creates a new zero-interest school building construction loan fund administered by the Department of School and Public Lands, funded in part by diverting 2 percent of collections from specified tax chapters.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Consumers

Consumers pay zero state sales tax on food purchases but experience higher tax rates on general retail goods, utilities, and services.

Directly affected

School districts

School districts meeting eligibility criteria can apply for zero-interest loans covering up to forty percent of school building construction or expansion costs.

Directly affected

Retailers

Retailers must collect and remit the increased 5 percent tax rate on general goods, services, and admissions.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

How much of a school construction project can a district borrow from the new fund?
A school district may borrow an amount not exceeding forty percent of the total cost of the construction or expansion project at an interest rate of zero percent.
Which school districts are excluded from receiving a construction loan?
Districts are ineligible if they qualify for a loan under § 11-15-8, are headquartered within ten miles of another district's headquarters, or have a fall enrollment under two hundred students without being designated as a sparse school district.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

5 actions
  1. Feb 19, 2026House
    Deferred to the 41st legislative day
  2. Feb 19, 2026House
    Motion to amend
  3. Feb 19, 2026House
    Scheduled for hearing
  4. Feb 17, 2026House
    Scheduled for hearing
  5. Feb 4, 2026HouseIntroduced
    First read in House and referred to

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Temporary Tax Rate Adjustments with Sunset Provision

The bill couples an immediate reduction in food taxation and an increase in general sales and excise taxes with an explicit repeal date of June 30, 2027, returning provisions to prior law.

Connected Entities

Department of Education, Erik Muckey, Kadyn Wittman and 7 more
OrganizationDepartment of Education“Reviews and assesses school district loan applications through the School Financ”Map →
PersonErik Muckey“Representative introducing HB 1281”Map →
PersonKadyn Wittman“Cosponsor of HB 1281”Map →
PersonEric Emery“Cosponsor of HB 1281”Map →
OrganizationDepartment of Revenue“Collects taxes and certifies call centers for telecommunication exemptions”Map →
PersonErin Healy“Cosponsor of HB 1281”Map →
PersonLiz Larson“Cosponsor of HB 1281”Map →
PersonNicole Uhre-Balk“Cosponsor of HB 1281”Map →
OrganizationSchool Finance Accountability Board“Promulgates rules for school district loan applications”Map →
OrganizationDepartment of School and Public Lands“Administers the school building construction fund and makes loans”Map →

Sources

Open source document

sdlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 85)
  • Controversy75
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz55
    Current news / social attention level

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