South Dakota 2026 Regular Session Status: In Committee 17 R cosponsors

SB 85 — require an election for an excess tax levy of a school district.

Last action — Intent to reconsider , Passed, H.J. 228

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 14, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 30% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 17 sponsors

    17 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (17 R).

  • Mixed recorded votes

    3 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

67 added · 58 removed

67 line(s) added, 58 removed.

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26.151.22 101st Legislative Session 85 South Dakota Legislature Senate Bill 85 Introduced by:
26.151.23 101st Legislative Session 85 South Dakota Legislature Senate Bill 85 SENATE EDUCATION ENGROSSED Introduced by:
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :
On any excess tax levy approved after July 1, 2002, the The governing body of the taxing district shall specify in the resolution the year or number of years the excess tax levy will is to be applied.
On any excess tax levy approved after July 1, 2002, the The governing body of the taxing district shall specify in the resolution the year or number of years the excess tax levy will is to be applied and the total maximum dollar amount of taxes payable over the full term of the excess tax levy.
26.151.22 2 85 proposed opt out and a statement of the right to refer the decision of the board to a vote of the people as provided in this section.
26.151.23 2 85 proposed opt out and, the number of years that the excess tax levy is to be applied and the total maximum dollar amount of taxes payable over the full term of the excess tax levy, a statement of the right to refer the decision of the board to a vote of the people as provided in this section, and the date of the referral election.
The election must be conducted in the same manner as other special elections conducted by the school district.
The ballot used for an excess tax levy election must clearly state the number of years the excess tax levy is to be applied and the total maximum dollar amount of taxes payable over the full term of the excess tax levy.
The referendum election shall must be held on or before October first of the year prior to the time year the taxes are payable.
The election must be conducted in the same manner as a special election conducted.
The pursuant to § 13-16-6.4, except that the referendum election shall must be held on or before October first of the year prior to the time year the taxes are payable.
The ballot used for an excess tax levy election must clearly state the number of years the excess tax levy is to be applied and the total Overstrikes indicate deleted language.
26.151.23 3 85 maximum dollar amount of taxes payable over the full term of the excess tax levy.
Any additional Additional Overstrikes indicate deleted language.
Any additional Additional revenue generated by the excess tax levy may only be used for capital outlay fund purposes pursuant to § 13-16-6.
26.151.22 3 85 revenue generated by the excess tax levy may only be used for capital outlay fund purposes pursuant to § 13-16-6.
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Action History

  1. Intent to reconsider , Passed, H.J. 228

  2. House of Representatives Do Pass Amended , Passed, YEAS 29, NAYS 39 H.J. 227

  3. Education Do Pass , Passed, YEAS 8, NAYS 7

  4. Scheduled for hearing

  5. Referred to House Education H.J. 182

  6. First Reading House H.J. 150

  7. Senate Do Pass Amended , Passed, YEAS 20, NAYS 14 S.J. 114

  8. Education Do Pass Amended , Passed, YEAS 4, NAYS 3 S.J. 3

  9. Education Motion to amend , Passed, S.J. 3 Amendment 85B

  10. Scheduled for hearing S.J. 1

  11. First read in Senate and referred to Senate Education S.J. 34

Sponsors

Sponsorship breakdown

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17 sponsors · 0 co-sponsors · 88 not signed on · 52 voted No

Sponsors (17)

Co-sponsors (0)

None.

Not signed on (88)

88 members have not signed on to this bill.

Show all 88 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass Amended

Failed 29 Yea · 39 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 293202
Democratic 0500
Unaffiliated 0200
Total 293902
% of votes cast 41%56%0%3%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Nay
Van Diepen — Nay
Eric Emery Democratic Nay
Erik Muckey Democratic Nay
Erin Healy Democratic Nay
Kadyn Wittman Democratic Nay
Nicole Uhre-Balk Democratic Nay
Aaron Aylward Republican Yea
Al Novstrup Republican Yea
Amber Arlint Republican Nay
Bethany Soye Republican Yea
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Yea
Brian Mulder Republican Nay
Chris Kassin Republican Nay
Curt Massie Republican Nay
David Kull Republican Nay
Drew Peterson Republican Nay
Dylan Jordan Republican Yea
Greg Jamison Republican Nay
Heather Baxter Republican Yea
Jana Hunt Republican Yea
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Nay
Jim Halverson Republican Nay
John Hughes Republican Yea
John Shubeck Republican Nay
John Sjaarda Republican Yea
Jon Hansen Republican Yea
Josephine Garcia Republican Yea
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Yea
Kent Roe Republican Nay
Keri Weems Republican Nay
Lana Greenfield Republican Nay
Leslie Heinemann Republican Yea
Liz May Republican Yea
Logan Manhart Republican Yea
Marty Overweg Republican Nay
Mary Fitzgerald Republican Yea
Matt Roby Republican Nay
Mellissa Heermann Republican Nay
Mike Derby Republican Nay
Mike Stevens Republican Nay
Mike Weisgram Republican Nay
Nick Fosness Republican Nay
Peri Pourier Republican Yea
Phil Jensen Republican Yea
Rebecca Reimer Republican Nay
Roger DeGroot Republican Nay
Scott Moore Republican Nay
Scott Odenbach Republican Yea
Spencer Gosch Republican Nay
Steve Duffy Republican Nay
Taylor Rehfeldt Republican Nay
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Nay
Tim Goodwin Republican Not Voting
Tim Reisch Republican Nay
Tim Walburg Republican Nay
Tina Mulally Republican Yea
Tony Kayser Republican Yea
Tony Randolph Republican Yea
Travis Ismay Republican Yea
Trish Ladner Republican Nay
Will Mortenson Republican Nay
William Shorma Republican Nay

Official roll call →

Do Pass

Passed 8 Yea · 7 Nay
Party YeaNayPresentNot Voting
Republican 8600
Democratic 0100
Total 8700
% of votes cast 53%47%0%0%
How each member voted (15)
Member Party Vote
Nicole Uhre-Balk Democratic Nay
Amber Arlint Republican Nay
Dylan Jordan Republican Yea
Heather Baxter Republican Yea
Jim Halverson Republican Nay
Josephine Garcia Republican Yea
Kathy Rice Republican Yea
Lana Greenfield Republican Nay
Liz May Republican Yea
Logan Manhart Republican Yea
Mellissa Heermann Republican Nay
Mike Stevens Republican Nay
Roger DeGroot Republican Nay
Tesa Schwans Republican Yea
Travis Ismay Republican Yea

Official roll call →

Do Pass Amended

Passed 20 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 181201
Democratic 1200
Unaffiliated 1000
Total 201401
% of votes cast 57%40%0%3%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Nay
Liz Larson Democratic Nay
Red Dawn Foster Democratic Yea
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Nay
Carl Perry Republican Yea
Casey Crabtree Republican Nay
Chris Karr Republican Yea
Curt Voight Republican Yea
Glen Vilhauer Republican Nay
Greg Blanc Republican Yea
Helene Duhamel Republican Nay
Jim Mehlhaff Republican Yea
John Carley Republican Yea
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Nay
Larry Zikmund Republican Yea
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Nay
Mykala Voita Republican Yea
Paul Miskimins Republican Nay
Randy Deibert Republican Nay
Sam Marty Republican Yea
Stephanie Sauder Republican Nay
Steve Kolbeck Republican Nay
Sue Peterson Republican Yea
Sydney Davis Republican Nay
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Nay
Tom Pischke Republican Yea

Official roll call →

Subjects

taxation elections education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 85?
SB 85 is sponsored by John Sjaarda (Republican), Carl Perry (Republican), Al Novstrup (Republican), Lauren Nelson (Republican), Terri Jorgenson (Republican), Kevin Jensen (Republican), Taffy Howard (Republican), Joy Hohn (Republican), Leslie Heinemann (Republican), Jon Hansen (Republican), Tamara Grove (Republican), John Carley (Republican), Heather Baxter (Republican), Aaron Aylward (Republican), Bobbi Andera (Republican), Sue Peterson (Republican), and John Hughes (Republican).
What is the current status of SB 85?
This bill is in committee in the Senate. Introduced January 14, 2026. It must pass committee before a floor vote.
Where can I track SB 85?
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