2023 Legislative Report

SDFRW Legislative Committee

3-27-23

The 98th SD Legislative session saw a total of 241 House Bills and 210 Senate Bills during the 38 legislative days which began January 10, 2023, and ended Monday, March 27th 2023 on veto day.

During the 38 legislative days some of the bills that made the news were:

1. The debate on tax cuts which included the grocery tax repeal, property tax credit and a cut in the 4.5% sales tax being cut to 4.2% ended with the sales tax cut being the bill that passed. The tax cut down to 4.2% came with a sunset clause to remove it in 4 years.

2. SB 40 was a bill intended to change the current way the states 2 major parties nominate candidates for the Constitutional Officers and Lieutenant Governor. It moved all of these candidates into a Primary election removing this historical duty of the states elected precinct delegates attending the state conventions of the Republican and Democrat parties. The bill had an amendment that passed on the House floor to take the Lieutenant Governor from the list, leaving the choice to the Governor elect, and leaving all other Constitutional Officers on the agenda of the State Conventions for nomination and vote by the elected precinct delegates for their names to be on the general election ballet. The Senate killed the bill in that form.

3. Eight of the sixteen medical marijuana related bills passed and were signed into law:

       a. HB 1053 bans a person who is pregnant or breastfeeding from being certified by a physician to use medical marijuana.

       b. HB 1132 adjusts the duties of the Medical Marijuana Oversight Committee adding that the committee shall make recommendations regarding the medical and clinical aspects of the medical cannabis program.

       c. HB1150 requires a practitioner to certify whether they have previously issued a patient a certification for the use of medical cannabis. It also eliminates a patient’s fee to the state f they are re-applying for a card within a year.

       d. HB 1154 clarifies conduct considered acceptable by practitioner as it relates to medical cannabis. The bill makes it a misdemeanor for a practitioner to: Do medical assessments in a place licensed to sell alcohol; Offer discounts, deals or other financial incentives for making an appointment with them; Issue certifications for cannabis while having a financial interest in a cannabis business; Advertise in a medical cannabis establishment; plus more.

      e. SB 1 lists conditions which qualify a patient for the use of medical cannabis

      f. SB 27 amends the definition of a practitioner and states that tetrahydrocannabinol derived from hemp must be derived either from industrial hemp or be in a product approved by the US FDA

      g. SB 134 revises the makeup of the MMOC (Medical Marijuana Oversite Committee)

      h. SB 198 allows medical cannabis establishments to maintain certain cardholder data.

4. HB 1080 Help not Harm Bill that banned cross sex surgical procedures and cross sex medical hormone treatment on minors in SD passed.

5. Several Education bills that were highly supported by parents and opposed by the Public-School Education lobby were killed including:

     a. HB 1234- An act to provide a voucher for students enrolled in certain grade levels at accredited nonpublic schools.

     b. SB 100- An act to establish the stronger families scholarship program for children in foster care, to make an appropriation therefor, and to declare an emergency.

     c. HB 1163- An act to prohibit the dissemination of obscene material to minors in a public school or public library.

     d. SB 193- An act to establish provisions related to the review and selection of instructional materials in school districts.

     e. HB 1166- An act to prohibit the use of state resources in hosting lewd or lascivious content.

     f. HB 1233- An act to expand the provision of online education through the SD Virtual School

     g. HB 1079- An act to create the Center for American Exceptionalism at Black Hills State University.

6. Governor Noem’s veto of 4 bills were all upheld on the final day of session. Her statements of why she vetoed the bills are:

     a. SB 108 would have allowed South Dakotans to consume alcohol underage.

     b. SB 129 would have categorized teachers and school employees in the same was as law enforcement officers in instances of assault in their official duties.

     c. HB 1109 would have classified marijuana as hemp and jeopardized the clearly expressed will of the people of SD.

     d. HB 1193 was an attack on economic Freedom and would have opened the door to overreach by the federal government.

This year our Legislative Committee is putting out a series of pieces of training.         Representative Becky Drury is the SDFRW Legislative Liason.

Session convened on January 11th and adjourned on March 10th. Recess is from March 11th – March 27th

March 28th is reserved for consideration of gubernatorial vetoes. The Legislature through a 2/3 vote can override any of Governor Noem’s vetoes. 

The 97th session covered a wide variety of bills such as Covid, campgrounds, shooting facility, mental health, marijuana, tax relief, Critical Race Theory, appropriation of Federal dollars, sports protection, pro-life advancements, and broadband infrastructure. 

During this session over 40 marijuana bills were heard. Most were defeated and all the recreational marijuana bills failed. 

Follow the link below to see the bills Governor Noem has signed: 

2022 South Dakota Bills (sdlegislature.gov) Bills signed by Governor 2022 

Conference Committees

When a bill or resolution has passed its house of origin, it is presented to the other house for its consideration. If the other house should amend the bill or resolution as passed by the house of origin, it is returned to the house of origin for approval of the changes. If the house of origin does not agree to the changes, one house or the other can request that a conference committee be established to work out an agreement. Upon the request of one house, the other house must appoint three members from its body to meet with three members of the requesting house. For a bill to become law, identical versions of the bill must pass both the Senate and House of Representatives for consideration by the Governor. 

Follow the link to see status of Conference Committee Bills: 

2022 South Dakota Conference Committees (sdlegislature.gov) 

Follow the link for National Trending SD Bills: Trending South Dakota Legislation | LegiScan  

Regardless of whether you were pleased or not pleased with the legislative results, I hope Republicans can be unified going forward to create a better future for South Dakotans (where under God the people rule). 

February 23rd is Crossover Day – Over 500 legislative proposals must be acted on by this date in the chamber of origin or it is considered dead

March 10th is Last Legislative Day

March 28th is Veto Day

Note: House Bills referred to Senate have passed the House

Impeachment hearing for Attorney General Jason Ravnsborg is on-going waiting for recommendation from House Select Committee on Impeachment.

HB 1012 - An Act to protect students and employees at institutions of higher education from critical race theory training and orientation. This bill doesn't interfere with academic freedom & has been endorsed by the SD Board of Regents. Referred to Senate Education

HB 1039 - provide for the assessment of certain agricultural land as non-cropland Referred to Senate Taxation

HB 1041 - Legislative oversight of settlement agreements by state officials/agencies. Referred to Senate State Affairs

HB 1052 - place limitations on the enforcement of federal laws and directive related to firearms and ammunition Passed House Judiciary

HB 1096 - to revise provisions regarding livestock identification. Passed House Agriculture and Natural Resources

HB 1113 Thisis an Act to prohibit threats made with the intent to coerce an abortion and to provide a penalty therefor. Passed House

HB 1129 This is an Act to prohibit forms of discrimination in access to
organ transplantation. Referred to Senate Health and Human Services

HB 1133 This is an Act to provide that the cost of a home study required for an adoption is the responsibility of the Department of Social Services Passed House 

HB 1246 - Establish the Fundamental Right of a Parent in Education Referred to Senate Judiciary (Amended) 

HB 1258 - prohibit obtaining an individual's COVID-19 vaccination status without the consent of the individual Passed House State Affairs (Amended)

HB 1267 (Important note: Doctors can already dispense ivermectin to individuals with a prescription. The problem is that many pharmacies won’t fill) - Allow certain medical professionals to dispense ivermectin to persons with or without a prescription Referred to Senate Health and Human Services

HB 1318 An Act to prohibit medical abortion by telemedicine, to increase the penalty for the unlicensed practice of medicine when performing a medical abortion,

and to declare an emergency. Referred to House Health and Human Services (Amended)

HB 1325 - Revise classification of ag land by soil type (companion to HB 1039 rangeland tax fairness) Passed House

HB 1337 - An Act to protect elementary and secondary students from political indoctrination Referred to Senate Education

SB 137 - An Act to establish gestational surrogacy arrangements and agreements. Dead

SB 175 - make an appropriation to the Department of Game, Fish and Parks for building a shooting range in western South Dakota and to declare an emergency. Passed Senate Committee on Appropriations 

HCR 6006 -To urge the United States Congress and the President of the United States to take no action to employ military forces of the United States in active-duty combat unless the United States Congress has passed an official declaration of war and to bring troops home who are engaged in unconstitutional foreign conflicts. Passed House Military and Veteran Affairs Committee