House sends HB 12-18 to conference committee after debate over firearms in alcohol-serving establishments

The South Dakota House of Representatives voted to not concur in Senate amendments to House Bill 12-18 and appointed a conference committee after an extended floor debate, passing the substitute motion 35–34 with one member excused.

The bill, as discussed on the floor, includes two provisions highlighted by sponsors and opponents. Representative Mike Elward, the House sponsor, said the bill clarifies municipal authority and contains language allowing municipalities that already use metal detectors and guards at city-owned event centers to continue doing so for certain events. Elward said the Senate-amended bill also included a change "that would allow that person to continue to carry their concealed firearm" in an establishment that sells more than 50% alcohol on the premises—so long as the individual is not intoxicated.

Supporters of sending the matter to a conference committee argued the House should separate two distinct policy changes that were combined into the amended bill. Representative Tim Bathke, who offered the substitute motion to "do not concur and appoint a conference committee," said, "House Bill 12-18 Q as amended is version 17 of this bill. And is no longer a single subject and should be in two separate bills." Bathke added that the amendment removing the restriction about weapons in alcohol-serving establishments "did not receive a committee hearing to give those alcohol establishments the opportunity to voice their concerns."

Several lawmakers voiced concerns about how the concealed-carry language would work in practice. Representative Brian Mortensen said business owners could be put in the position of enforcing intoxication-based limits and questioned how enforcement would play out in a busy bar. "If this last portion of the bill passes, it's now gonna be up to that bar owner to make sure that somebody who's drinking is not intoxicated while they have their gun," Mortensen said. Representative Kelsey Healy, who said she is a bar owner, said she worried about safety in establishments and asked colleagues to allow affected business owners an opportunity to testify.

Other members pushed back that the measure made only a modest change to existing state law and that private businesses retain the right to prohibit firearms on their premises. Representative Jason Manhart said, "This bill would not change anything. We are a constitutional carry state. That is the baseline. ... Business owners have always had the right to decide what happens inside their establishment."

The House ultimately approved the Bathke substitute motion to "do not concur and appoint a conference committee." The clerk reported the vote as ayes 35, nays 34, excused 1. The House announced later that a conference committee on House Bill 12-18 would meet at 8:00 a.m. Wednesday, March 12, in Room 413.

Why it matters: The procedural decision to send the bill to conference keeps both measures—the municipal policy language and the concealed-carry provision—alive but requires House and Senate conferees to resolve differences. Lawmakers for and against the move framed the debate as a choice between acting quickly on a policy deemed small by some and giving affected businesses and stakeholders a fuller hearing by sending the bill to a conference committee.

What happened (formal action): Representative Tim Bathke moved the substitute motion to do not concur in Senate amendments to House Bill 12-18 and to appoint a conference committee; the motion passed. The House clerk recorded ayes 35, nays 34, excused 1. A conference committee was appointed to reach a final version of the bill.

Next steps: The appointed conference committee will meet to reconcile House and Senate versions; the House scheduled the conference committee meeting for 8:00 a.m. on Wednesday, March 12.