Will South Dakota legislators override Noem vetoes?

Published: Mar. 27, 2023 at 9:31 AM CDT
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PIERRE, S.D. (SDBA) – State legislators return this morning (Monday) for their 38th and final legislative day to consider the four remaining bills vetoed by Republican Gov. Kristi Noem.

Gov. Noem removed most of the intrigue from the one-day veto session last week by signing the $7.4 billion FY 2024 state budget and the four-year .3% decrease in the overall 4.5% state sales tax.

Earlier during the session, Gov. 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 9 a.m. (Monday). 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.

  • 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. Gov. 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.

If there is any other business, the chambers will each need a two-thirds vote to suspend the rules to allow consideration of any additional legislation.