PIERRE, S.D. (SDBA) – The South Dakota Legislature fails to overturn Republican Gov. Kristi Noem’s vetoes of four bills this morning (Monday).
The House failed to overturn the Governor’s vetoes of HB 1193 and HB 1209.
HB 1193 would have revised the Uniform Commercial Code, particularly as it concerns digital money.
Bill supporter, Republican Rep. Mike Stevens from Yankton, said the bill had “taken an interesting turn” after the Legislature passed it.
“Lot of questions have been raised since then,” Rep. Steven said. “On March 23, North Dakota’s Governor signed the same bill into law. South Dakota will be the seventh state to consider it. Those questions and issues (about digital currency) have been answered.”
Bill opponent, Republican Rep. Julie Auch from Yankton, said not so fast.
“We can take a year to research these (possible) amendments (concerning the definition of money,” Rep. Auch said. We have been bombarded with emails. It would have been nice to have this information before the vote. It is not just a clean-up but 117 pages long.”
That vote failed 30 to 37.
HB 1209 would have allowed hemp processors to go up to 5% THC when concentrating their raw product, but any finished products would still have to be knocked down to .3%.
Bill supporter, Democratic Rep. Oren Lesmeister from Parade, said the bill was simple. Processors could increase the percentage of THC to 5%, but any consumer products would still only have .3% of the psychoactive ingredient allowed by law.
“The only time a product can spike to possibly 5% is during extraction of the CBD (in processing),” Rep. Lesmeister said. “If above .3%, the crop has to be destroyed or mitigated.”
Bill opponent, Republican Rep. Mary Fitzgerald from Spearfish, said the bill was “not a good bill for South Dakota.”
“Hemp growers can dilute their levels by adding coconut oil,” Rep. Fitzgerald said. “But they don’t want to do that.”
That vote failed 32 to 35.
The Senate also failed to overturn the Governor’s vetoes on SB 108 and SB 129.
SB 108 was the so-called “sip and spit” bill to allow students over 18 to test their class’s brewing, distilling, and winery samples.
That vote failed 5 to 30.
SB 129 would have enhanced assaulting a school employee from a misdemeanor to a felony.
Bill supporter, Republican Sen. Larry Zikmund from Sioux Falls, said teachers deserve the extra protection.
“The Governor says only law enforcement should have this protection,” Sen. Zikmund said. “But it already has others, like medical personnel. A teacher has a greater chance of being assaulted.”
Bill opponent, Republican Sen. David Wheeler from Huron, said the number of non-law enforcement personnel covered by the enhanced penalty was already too broad.
“Everyone wants a felony if they are attacked,” Sen. Wheeler said. “A simple assault is almost always a misdemeanor. There’s usually no physical injury. It’s a threat.”
That measure failed 20 to 15.
To overturn a veto, each chamber needs a two-thirds vote to overturn. None of the bills received a two-thirds vote in either chamber.
Before the end of the regular session on March 7, the Legislature failed to overturn the veto of HB 1109. It would have allowed local Business Improvement Districts to increase the hotel fee from $2 to $4.
These were all bills passed earlier by the Legislature.
The Legislature adjourned for the 2023 session mid-morning today (Monday).
