South Dakota Senate passes multiple measures; child-support schedule update fails on final vote

The South Dakota Senate spent most of its floor day on a mix of concurrence motions, bill debates and final votes, approving a slate of measures and rejecting a proposed update to the state's child-support schedule.

Senators passed House Bill 11-38, which establishes minimum licensure requirements for nonmedical home-care agencies, including an attestation to the Department of Health, eight hours of caregiver training and background checks performed by the Division of Criminal Investigation. The bill drew extended debate over whether regulation belongs in the Department of Health or the Department of Social Services and whether tribal community health representatives and community health workers would be unintentionally swept in; supporters said the measure provides basic consumer protections for vulnerable residents and families. The Senate approved the bill by roll call, 20 yeas, 14 nays, 1 excused.

Lawmakers also cleared a regulatory framework for vapor and alternative nicotine products (H.B. 12-20). The measure treats distributors of vape and alternative nicotine products the same as distributors of cigarettes and other tobacco products, requires licensing, clarifies distributor definitions and raises the distributor license fee to $1,000. The Senate adopted an amendment and passed the bill, 27 yeas, 7 nays, 1 excused.

A separate bill to give municipalities an optional financing tool for voter-approved capital projects — the Community Area Projects Program or CAPS (H.B. 12-45) — passed after floor debate that focused on local control versus concerns about added sales-tax burdens. The bill allows a temporary local sales-tax increase of up to one cent for projects approved by 60% of a community's voters; it passed 19 yeas, 15 nays, 1 excused.

The Senate approved H.B. 12-99 to permit biological filtration systems in small lodging establishment pools, citing lower chemical use and energy savings. Because the bill involves a fee deposited to the general fund, it required a two-thirds majority and passed 34 yays, 1 excused.

Votes at a glance

- Senate Page Resolution No. 4 — Adopted (recognition of pages); roll call: 33 ayes, 1 excused. - H.B. 10-40 (child-support schedule update) — Failed final passage; roll call: 12 yeas, 22 nays, 1 excused. - H.B. 11-08 (sealing certain court files on dismissed protection-order petitions) — Passed; roll call: 34 yays, 1 excused. - H.B. 11-38 (licensure for nonmedical home-care agencies) — Passed; roll call: 20 yeas, 14 nays, 1 excused. - H.B. 12-20 (regulate distribution of alternative nicotine products) — Passed; roll call: 27 yeas, 7 nays, 1 excused. - H.B. 12-45 (Community Area Projects Program/CAPS) — Passed; roll call: 19 yeas, 15 nays, 1 excused. - H.B. 12-99 (biological filtration systems in small lodging pools) — Passed (two-thirds); roll call: 34 yays, 1 excused.

Child-support debate and final tally

The day's most extended floor debate centered on H.B. 10-40, an update to the child-support obligation schedule. Sponsor Senator Hulse said the commission reviewed South Dakota-specific data and that the updated schedule ‘‘will ensure that both the payer and the receiver of support will share in those increases proportionally.’’ He characterized the overall change as an average increase of about 3% across income categories.

Opponents warned the schedule would impose higher obligations on some noncustodial parents and could have unintended effects. Senator Pyschke presented a floor example comparing current and proposed obligations and said in that scenario obligations rose from $859 to $930 — ‘‘which is an 8.5% increase,’’ he noted on the floor — and urged senators to vote no. After debate, the bill failed on final passage, 12–22 (1 excused).

Other action and logistics

The chamber handled multiple concurrence motions to accept House amendments to several Senate bills, recorded committee reports, took up a consent calendar of noncontroversial items and read and signed enrolled bills in open session. The Senate welcomed Boys & Girls Club Youth of the Year candidates from several towns and recognized a doctor of the day.

What’s next

Committee and scheduling announcements were made before adjournment; several deferred bills were placed on calendar for further consideration.

(Reporting from the South Dakota Senate floor; roll-call tallies and quoted language come from the official floor transcript of March 5, 2026.)