establish requirements for the distribution and sale of vapor products, and to provide a penalty therefor.
HB 1240 requires businesses distributing or selling vapor products (like e-cigarettes) in South Dakota to obtain licenses from the Department of Revenue. Distributors must pay a $100 fee and keep transaction records for three years, while retailers must pay $250, verify customer ages at checkout using a third-party system, and maintain proof that products came from a licensed distributor. The bill also restricts the sale of non-tobacco, non-mint, and non-menthol flavored vapor products to stores that limit access to customers 21 and older and earn at least 25% of revenue from vapor and tobacco products. Violating these rules can result in misdemeanor charges, with penalties including fines.
Bill status
passed
2 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Feb 2026
House Failed
Feb 2026
Governor
Introduced Feb 2, 2026
Last action Feb 18, 2026
Floor votes · House Feb 18, 2026
How they voted
31–36
Failed · 3 other
Total votes 70
Feb 18, 2026
D
Democratic5
100% Nay
R
Republican65
47% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
5
Key actions
2
Committee
2
Feb 18, 2026
Lower · Passed
Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 31, NAYS 36 H.J. 355
lower
Feb 17, 2026
Lower · Passed
Health and Human Services Report out of committee without recommendation , Passed, YEAS 9, NAYS 4
lower
Feb 17, 2026
Committee
Health and Human Services Do Pass , Passed, YEAS 6, NAYS 7
lower
Feb 2, 2026
Introduced
First read in House and referred to House Health and Human Services H.J. 192
lower
3 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Carl Perry
RRepublican
P
Larry Zikmund
RRepublican
P
Tim Goodwin
RRepublican
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