House advances e-bike, veterans cemetery and assault-kit funding; liquor annexation change fails

The South Dakota House of Representatives on Feb. 27 passed a series of bills addressing recreation, victim services, veterans' burial space and tax refunds while rejecting a proposal to change how municipalities set renewal fees for liquor licenses after annexation.

The most contested item, Senate Bill 79, allows class 1 electric bicycles on the Mickelson Trail and passed on final passage by a vote of 65-5. Sponsors said the bill limits e-bike use to low-speed, pedal-assist models and is intended to balance access and safety. Opponents said enforcement and speed concerns argue against any change to the trail's long-standing nonmotorized character.

The House also approved one-time state funding to purchase and store sexual-assault evidence kits (Senate Bill 99) and authorized and provided state matching money for a phase 2 expansion at the South Dakota State Veterans Cemetery (Senate Bill 52). Both passed with the two-thirds vote required for appropriation or emergency-clause bills. Lawmakers also approved an annual special appropriation to maintain tax refunds for elderly persons and persons with disabilities (Senate Bill 44) and finalized cleanup changes to municipal code (Senate Bill 167). By contrast, Senate Bill 129, which would have allowed municipalities to set renewal fees up to the amount of a municipality's most recent on-sale license when outlying licenses are annexed into a city, failed after debate and an amendment: the final vote was 31-39.

Why this matters: the votes change how South Dakotans will use and manage public recreation infrastructure (Mickelson Trail), temporarily fill a gap in victim-services funding created by federal policy changes, secure federal matching funds for veterans' burial capacity, and preserve existing tax-refund programs for seniors and people with disabilities. The rejected liquor-license change drew sustained criticism from business owners and some lawmakers who warned of unintended consequences for small, rural enterprises.

Senate Bill 79 — Mickelson Trail e-bikes Representative Goodwin, the bill sponsor, framed the bill with a history of the Mickelson Trail and said the trail’s design and heavy usage make it a national draw; he described the proposed change as limited to class 1 e-bikes, which he said are “about 20 mile an hour max.” Representative Schwann urged caution on safety and enforcement grounds, citing the trail’s multi-use character and potential hazards in tunnels and narrow sections. "If you add speed to it, it becomes very dangerous," Schwann said during debate. Committee support was reported as strong (12-1 in committee, per remarks on the floor). The House approved final passage 65-5.

Senate Bill 99 — sexual-assault evidence kits Representative Muckey said the bill is a three-year, one-time appropriation of $180,000 to purchase, store and distribute sexual-assault evidence kits after a change in federal policy will prevent use of previously available federal grant funds for kits. "Based on that change in federal policy, that federal money will no longer be able to be used to supply [kits]," Muckey said. Representative Van Diepen stressed that the kits expire after four years and warned that expired kits could jeopardize prosecutions. Representative Fitzgerald clarified that there are roughly 1,800 kits on hand and said that supply would last to about October at current usage; lawmakers said there are roughly 4,000 assault victims a year in the state (figure cited on the floor). The bill passed 69-1 (two-thirds required and achieved).

Senate Bill 52 — South Dakota State Veterans Cemetery expansion Representative Jorgensen told colleagues that National Cemetery Administration analysis predicts the cemetery will exhaust above-ground vault space in three to five years. The bill authorizes a phase 2 expansion adding three above-ground vault sections (about 1,980 additional graves) and carries a reported total project cost of $1,650,000; Jorgensen said the state share is $75,000 and federal funds the majority of the remainder. The bill passed by the required two-thirds margin (ayes 69, excused 1).

Senate Bill 129 — liquor-license renewal fees after annexation (failed) Representative Jamieson offered and the House adopted an amendment (1-29D) intended to give municipalities flexibility in setting the fee. Jamieson said the goal was to "create a level playing field" so licenses annexed into cities would face the same cost as licenses sold inside cities. Representative Bathke opposed the bill on behalf of small businesses, arguing it could impose large, sudden renewal costs on already-operating owners whose properties become annexed. Bathke warned the fee could be set at levels owners could not afford and called the measure bad for business. The measure failed on final passage, 31-39.

Other notable measures - Senate Bill 44, an annual special appropriation to maintain tax refunds for elderly persons and persons with disabilities: passed (ayes 69, nays 1); an approximately $425,000 special appropriation was mentioned on the floor. - Senate Bill 167, statutory cleanup of chapters of the municipal code in Title 9: passed (ayes 68, nays 2). - Senate Bill 46, clarification of where certain boat-related fees are deposited (to Game, Fish & Parks funds rather than general motor vehicle fund for most fees): passed (ayes 67, nays 2, 1 excused).

Votes at a glance - Halverson motion to concur in Senate amendments to House Bill 10-68 (emergency clause): adopted (ayes 70). - Senate Bill 79 — Final passage: passed, ayes 65, nays 5. - Senate Bill 129 — Final passage as amended: failed, ayes 31, nays 39 (amendment 1-29D adopted earlier by voice vote). - Senate Bill 167 — Passed, ayes 68, nays 2. - Senate Bill 44 — Passed (appropriation/emergency), ayes 69, nays 1 (two-thirds required and achieved). - Senate Bill 99 — Passed (appropriation), ayes 69, nays 1 (two-thirds required and achieved). - Senate Bill 52 — Passed (appropriation/emergency), ayes 69, excused 1 (two-thirds required and achieved). - Senate Bill 46 — Passed, ayes 67, nays 2, excused 1. - Consent calendar items (multiple bills certified uncontested): adopted by the House (vote tallies displayed on the floor as recorded).

What’s next: Several bills that passed with appropriations or emergency clauses move to the governor for signature. Committees and members signaled follow-up work on sustainable funding for sexual-assault kits and continued local engagement on municipal licensing rules.

Sources: floor debate and roll-call tallies as recorded in the Feb. 27 House floor transcript.