South Dakota Residents Are Fighting Back Against a New County Sales Tax. They Have Until September 24
South Dakota passed a law this year giving every county in the state a new power they've never had before.
For the first time under Senate Bill 96, signed into law during the 2026 legislative session, South Dakota counties can impose a 0.5% gross receipts tax — essentially a local sales tax — and use the revenue to provide property tax relief for owner-occupied homes.
Several counties moved quickly to adopt the new authority. Pennington and Meade counties were among the first. More followed. And now Clay County — a small college county in southeastern South Dakota, home to the University of South Dakota in Vermillion — has passed its own version, Ordinance No. 2026-05, over repeated public opposition.
The community is fighting back.
Residents have until 5 p.m. on September 24 — 20 days after the ordinance's second publication — to gather 428 signatures from registered Clay County voters. If they succeed, the ordinance gets referred to a public vote. If they don't, the tax takes effect January 1, 2027.
That deadline is 20 days away.
What Clay County Just Passed — And Why It's Controversial
The Clay County Commission voted 3-2 on August 25 in favor of the second reading of Ordinance No. 2026-05 — despite two consecutive weeks of public opposition from residents who showed up to speak against it.
The ordinance would impose a 0.5% county gross receipts tax — a tax that follows the same rules as South Dakota's state retail sales tax, except for the rate. As the South Dakota Department of Revenue's April 2026 Tax Guide for County Officials explains, the county gross receipts tax must follow all state sales tax rules except for the rate, and new county taxes may take effect only on January 1 or July 1.
Revenue from the tax would flow through the state and back to Clay County as a property tax credit for owner-occupied homes. The county commission framed it as historic property tax relief — shifting part of the tax burden from homeowners to a broader pool of consumers and businesses.
Opponents see it differently.
Caitlin Collier — a Vermillion attorney, former South Dakota state legislator, and one of the organizers of the referendum petition campaign — was direct in her criticism: "The Clay County Commission is enacting an ordinance, and it is bad. Ordinance 2026-05 is a sales tax. The 'gross receipts' tax covers more transactions and is especially hard on agribusinesses and general businesses. It will also hurt people near or below the poverty line as food and necessities costs continue to rise, even without more tax added on."
Collier also challenged the framing of the ordinance as property tax relief: "The state Legislature intended the law allowing this ordinance to help high-tourism South Dakota cities and regions to get more tax from tourists. In Clay County, it would intentionally give property tax credits to wealthy people with expensive homes first, then it might trickle down."
The Referendum Petition Process — How It Works in South Dakota
South Dakota law gives county residents the right to challenge a county ordinance through the referendum petition process. The mechanism is straightforward but the window is tight.
After an ordinance is adopted, it must be published as a legal notice twice in a local newspaper. The 20-day signature-gathering window begins after that second publication. In Clay County's case, the ordinance was published in the Vermillion Plain Talk on August 28 and September 4 — making the deadline 5 p.m. on September 24.
The petition campaign needs 428 signatures — representing 5% of the number of registered Clay County voters during the most recent general election in 2024, which was 8,555. That's the legal threshold for forcing a public vote.
There's a complication worth noting. The referendum petition campaign started over on the collection of signatures as a result of a misinterpretation of the law and an abundance of caution to protect signers who signed before September 4. Organizers restarted from zero after the second publication date to ensure the signatures would hold up to legal scrutiny.
As reported by Plaintalk.net, the campaign is now actively collecting signatures throughout Clay County with 20 days remaining.
If the 428 signatures are gathered and certified by the Clay County Auditor's office before 5 p.m. September 24, the ordinance gets referred to voters. If the ordinance itself was already scheduled to take effect September 24, the referendum petition filing would pause that implementation until voters weigh in.
If the signatures aren't gathered in time, Ordinance No. 2026-05 takes effect as written — and the 0.5% gross receipts tax begins collecting January 1, 2027.
The Broader South Dakota Picture — Clay County Isn't Alone
Clay County's fight is the most active resistance to the new county tax authority — but it's not the only county where the debate is playing out.
Codington County is already heading to a November 3 vote. As Northern Plains News reported, Codington County voters will decide November 3 whether to approve a 0.5% county sales and use tax intended to provide property tax relief after a citizen-led referendum petition put Ordinance 83 on the general election ballot. The Codington County Commission adopted the ordinance July 21.
Codington County's ballot language is direct: a yes vote would approve Ordinance 83 and allow the 0.5% sales and use tax to take effect on the date permitted by state law. A no vote would reject the ordinance.
Pennington County — home of Rapid City, South Dakota's second-largest city — and Meade County have already adopted the 0.5% tax. Other counties across the state are still deliberating.
The pattern is familiar. A new state law creates a new local tax authority. Some counties move immediately. Others wait and watch. And in some communities, residents push back hard enough to force a public vote.
What Senate Bill 96 Actually Created
Understanding the Clay County fight requires understanding the state law behind it — Senate Bill 96, passed during the 2026 legislative session and codified as SDCL 10-52B.
SB 96 gave South Dakota counties — for the first time — the authority to levy a local gross receipts tax of up to 0.5% and use the proceeds for property tax relief for owner-occupied homes. Previously, only South Dakota municipalities had meaningful local sales tax authority. Counties were largely dependent on state revenue sharing and property tax levies.
The property tax relief mechanism works through the state: tax revenue collected under the county ordinance flows to the South Dakota Department of Revenue, which then calculates a property tax credit for qualifying owner-occupied homes in the county. If the fund raises more than needed to offset 100% of county taxes on owner-occupied property, the remaining money provides an equal-percentage property tax credit on agricultural and non-agricultural property.
Supporters in the legislature framed SB 96 as a way to give counties — particularly those with significant tourism, retail, or commercial activity — a tool to shift part of the tax burden from residential property owners to a broader consumer base.
Critics argue that the "tourist tax" framing doesn't hold for inland agricultural counties like Clay County, where the vast majority of sales tax would be paid by local residents and area businesses — not tourists passing through.
What This Means for Businesses in Clay County and Affected South Dakota Counties
For businesses operating in Clay County specifically, the outcome of the September 24 petition deadline determines whether a compliance update is needed before year-end.
If the petition succeeds and the ordinance is referred to voters: no rate change on January 1, 2027. The vote will happen at a future date to be determined, and the tax cannot take effect until at least 90 days after the Department of Revenue is notified of voter approval — meaning the earliest possible implementation would be July 1, 2027 if voters approve in a spring election.
If the petition fails and the ordinance takes effect: businesses operating in Clay County need to update their systems for a 0.5% increase to the combined gross receipts tax rate effective January 1, 2027. The new rate must follow all state sales tax rules — meaning the same products taxable under South Dakota's state sales tax are taxable under the county tax, at the additional 0.5% rate.
For businesses across South Dakota more broadly: the SB 96 county tax authority is new, it's being adopted at different speeds by different counties, and the compliance picture for multi-location South Dakota businesses is becoming more complex. Counties where the tax has been adopted — Pennington, Meade, and potentially others — already have a different combined rate than those that haven't. Clay County's January 1, 2027 implementation date, if the petition fails, adds another jurisdiction to that patchwork.
South Dakota's state sales tax rate is currently 4.2% — a temporary reduction from 4.5% that is set to sunset in 2027 unless the legislature acts to extend it. The county gross receipts taxes being adopted under SB 96 add on top of whatever the state rate is at the time of collection.
The September 24 Deadline
Twenty days. 428 signatures.
Whether Clay County's residents can gather enough support to force a public vote before the September 24 deadline will determine whether the county joins Pennington and Meade in implementing the new tax on January 1 — or whether voters get the final say.
The organizers are well-credentialed — a former state legislator and a local attorney with experience in South Dakota election law. The legal restart of the signature campaign on September 4 suggests they're being careful about the process. Whether they can gather 428 signatures in 20 days in a county of roughly 14,000 people is an open question.
Businesses watching this story should note: even if the referendum is invoked and the ordinance is paused, the debate about whether Clay County should adopt the county sales tax doesn't end with a no vote. The commission could revisit the question in a future session. The state law authorizing it isn't going anywhere. And the property tax pressure driving the initial adoption — the same pressure driving similar decisions in counties across the state — doesn't disappear based on a referendum outcome.
Not sure how South Dakota's new county gross receipts tax authority affects your compliance obligations in Pennington, Meade, Codington, or potentially Clay County? Book a free consultation with our team at sales.tax. We'll review your South Dakota footprint and make sure your rates reflect every county-level change that has taken effect or is on the horizon.