Legislators sustain vetoes, close 2023 Legislative Session mid-morning

MARCH 27, 2023:

(South Dakota Broadcasters Association)- The South Dakota Legislature did not overturn any of Governor Kristi Noem’s four vetoes that were on their schedule today (March 27, 2023)– the final day of this year’s legislative session.

The House went over the vetoes of HB 1193 and HB 1209.

HB 1193 would have revised the Uniform Commercial Code, particularly as it concerns digital money. 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 0.3%. That vote failed 32 to 35.

The Senate took up Noem’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. That measure failed 20 to 15.

Before the end of the regular session (March 7), the Legislature discussed the veto of HB 1109. That bill would have allowed local Business Improvement Districts to increase the hotel fee from $2 to $4. That veto was also sustained.

South Dakota lawmakers adjourned the 2023 session by mid-morning today.

MARCH 27, 2023:

State legislators return to Pierre today (March 27, 2023) to consider the four remaining bills vetoed by Republican Gov. Kristi Noem.

Last week (March 20, 2023), Noem signed the $7.4 billion FY 2024 state budget and the four-year .3% decrease in the overall 4.5% state sales tax– two bills some thought she may veto. Earlier in the session, Noem said she would veto both because legislators failed to pass her 2022 campaign-promised elimination of the 4.5% sales tax on food.

Both the House and Senate go into session at 9am. The House will consider two bills that originated in that chamber and the Senate another two bills that came from its chamber. It takes a two-thirds vote of both chambers to override a gubernatorial veto. That’s 24 votes in the Senate and 46 votes in the House.

Here’s a rundown of the vetoed bills needed to be addressed.

• SB 108–Allows students over the age of 18 to “sip and spit” alcoholic beverages they create in brewing, distilling, and wine-making classes. It passed the Senate 18 to 17 and the House 36 to 34.
• SB 129–Would enhance the penalty against people convicted of assaulting school employees. It passed the Senate 22 to 12 and the House 40 to 30.
• HB 1193–Amends provisions of the Uniform Commercial Code. The Governor says it restricts cyber-currency, thus restricting economic freedom. Some Republican legislators oppose it because they think it would lead to a traceable national digital currency. The House passed the bill 49 to 17, and the Senate passed it 24 to 9.
• HB 1209–Revisions to industrial hemp. Noem says it raises the THC level to 5%. Supporters say it only allows an increase above .03% between processors, with the finished product still at .03% THC. THC is the psychoactive ingredient in marijuana. It passed the House 44 to 26 and the Senate 18 to 16.