Week 6 – Session 2026

Governor Rhoden signed HB 1058 into law. This legislation provides support for live horse racing in South Dakota.

A full and busy week concluded yesterday, and it was a difficult one for me. Not so much legislatively, but health-wise; I had a full case of the “Capitol Crud,” and it was tough to feel fully prepared while trying to power through. I’m looking forward to resting up this weekend to get ready for next week.

As I was checking my notes, I realized that the "positives" for the week were more about defeating negative legislation than passing positive bills for South Dakotans. However, I believe passing HB 1275 was a good step. This legislation requires tech companies to implement age verification on app stores to create a safer digital environment for children by restricting access to harmful, age-inappropriate content. Although this seems like common sense, it may face First Amendment concerns and potential litigation. We’ll see if it makes it through the Senate.

Another good piece of legislation that passed the House this week was HB 1220. This bill requires vape shops to buy products for resale only from registered distributors and wholesalers who are registered with the Department of Revenue. These distributors must maintain strict documentation detailing the manufacturers they represent and the ingredients of all products, including nicotine. The Attorney General’s office continues to have concerns about vape shops selling harmful drugs to minors, and this legislation attempts to clean up the types of products lawfully sold in these establishments.

Three bills related to mRNA vaccine technology were defeated in the legislature this week. HB 1163 and HB 1210 both dealt with restricting employer authority to require individuals to receive genetic-based vaccinations. Meanwhile, HB 1171 would have required blood donation centers to disclose whether a donor had ever received an mRNA vaccination. It also would have allowed a patient needing a transfusion to request blood from a donor who hadn't received a COVID-19 or mRNA vaccine.

Basically, proponents of these bills tend to mistrust mRNA technology and value the freedom to opt out, while opponents point to overwhelming evidence of their safety and efficacy. The existing short supply of blood and the potential negative impact on donor participation were also major factors in the defeat of HB 1171.

An anti-data center bill, HB 1246, was also defeated on the House floor. This legislation would have prohibited any state agency, county, city, or township from entering into an agreement with a data center developer that required confidentiality or the non-disclosure of confidential information. While the sponsor seemingly sought complete transparency in negotiations, any early-stage business negotiation can be sensitive. Premature leaks could easily disrupt a deal. My business sense made this an easy “no” vote, especially since the bill used the term “data center” broadly without a specific definition.

I mentioned HB 1182 last week, and that was also defeated. As you may recall, this sought to collect data on assisted reproductive technology (IVF) outcomes. The highly personal data required by this bill was neither desirable nor respectful. It also raised questions about how that data would be used, so it was another easy "no" for me.

Next week will finally bring action on the many property tax relief proposals remaining in the legislature. Out of more than two dozen proposals, I feel HB 1308 makes the most impactful difference, and I look forward to Monday's debate. It does include a two-step sales tax increase, so it is technically a "tax shift," with much of the new proceeds going toward reducing owner-occupied property taxes. However, some of that revenue would be directed toward our core responsibilities: supporting public education, Medicaid providers, and state employee salaries.

With crossover day looming on Tuesday, it is time to act or be comfortable with the status quo. We will see what happens. Thanks for your emails and texts this week; they are so helpful in gauging what is important to you and the future of South Dakota. See you next week!

– mw