House rejects Senate changes to HB1323, killing proposal to lower petition thresholds

The South Dakota House on Wednesday voted 40–27, with three excused, to approve a substitute motion that prevented the body from concurring in Senate amendments to House Bill 1323 and stopped the appointment of a conference committee, effectively killing the measure.

The motion, offered by Representative Van Deepen, sought to "do not concur and do not reappoint a conference committee" on HB1323 after a prolonged floor debate about petition-signature thresholds for local referenda and opt-outs. Van Deepen told colleagues he understood the difficulty of gathering signatures—"6,000 signatures might be tough"—and framed the substitute as a way to avoid repeated, costly petitions that he said drove up property taxes.

Supporters of the original bill argued the Senate amendment’s change to a 20-day filing window with a 2,500-signature cap would make citizen petitions more practical and preserve the right of voters to refer local actions. Representative Lambs said the proposed threshold represented "a little more fairness in the system" and would give taxpayers "more of a voice." Representative Hughes urged members to "let the people decide," noting past petition drives that collected large numbers of signatures in shorter windows.

Opponents said lowering the signature threshold would unduly affect large municipalities and could be used to single out cities such as Sioux Falls and Rapid City. Representative Van Deepen and others said the change risked empowering minority groups to block local government action and would hamper municipal and school-district operations. Representative Odinbach cited research during debate that, as of February, 79 active school district opt-outs had generated roughly $43 million in additional revenue; he used that context to argue for limiting opt-outs and petition activity that increase local spending.

The vote followed several rounds of floor remarks from both rural and urban members debating whether the amended signature threshold and filing window would protect voters’ ability to refer and simultaneously prevent frequent, costly opt-out efforts. With the substitute motion carried, the House recorded that it "does not concur in Senate amendments to House Bill 1323 and no committee will be appointed."

Next steps: With the House voting not to concur and no conferees named, HB1323 will not advance from this chamber in its current form. Any further action would require new motion, new language, or reintroduction in a future session.

Sources: Floor debate and roll call recorded during the March 10, 2026 House session.