Pierre — The South Dakota House of Representatives on Feb. 27 approved a slate of bills that changed criminal penalties, expanded enforcement tools and directed new appropriations, while rejecting a high‑profile proposal to require voter referendums for school capital out‑outs.

The most closely watched vote came on Senate Bill 83, which the House approved 37‑33. Representative Jon Mulder, the bill’s floor sponsor, said the measure lowers the penalty for a first ingestion of a controlled substance from a felony to a class 1 misdemeanor and pairs that change with mandatory evaluation and supervised probation, including the HOPE probation model. “We can’t continue to do the same thing and expect different results,” Mulder said, arguing the change would steer people toward treatment rather than immediate felony convictions.

Supporters cited prison overcrowding and limited treatment access; opponents warned the change could send a mixed message about drug use. Representative Don Fitzgerald urged the House to “send a powerful statement … that drugs are dangerous,” while Representative John Whitman said felony records often block housing, jobs and access to rehabilitation. The bill retains a felony penalty for repeat ingestion within the statutory window.

Another contested measure, Senate Bill 116, passed after extended debate, 48‑22. Representative Steven Hughes, sponsor of SB 116, described the bill as a public‑safety response to organized, high‑speed street racing and “street takeover” events and said it brings boating‑and‑vehicle‑style definitions and penalties into law. Representative Cole, who spoke in favor, said the measure targets organized racing, not impromptu youthful speeding, and noted the statute makes pay‑to‑organize events a class 6 felony.

A different education‑finance reform, Senate Bill 208, would have required school district opt‑outs of property‑tax limits or capital‑outlay certificates to be referred to voters in the same way counties are. The House rejected the measure, 31‑39. Representative Hughes, who sponsored SB 208, said the bill would restore “sunshine” and taxpayer control over what he called excess spending. Opponents said the bill would strip flexibility from school boards for routine capital needs and emergency repairs and would create inconsistency with other taxing districts.

The House also approved other bills including:
- Senate Bill 8, 52‑18, which increases criminal penalties for certain boating offenses and adds penalties for leaving the scene of incidents on waterways. The sponsor invoked a 2023 fatality on Lake Madison and said the change was crafted with law‑enforcement input and the victim’s family.
- House Bill 12‑21, 68‑2 (two‑thirds required), an appropriation to cover gaps in victim services funding after a federal pause in Victims of Crime Act (VOCA) funds.
- Senate Bill 219, 36‑34, requiring acceptance of cash as payment for admission to school‑affiliated events where admission is charged (exempting concessions and certain institutions per the bill’s text).
- Senate Bill 60, 70‑0, expanding investigatory access for the state auditor to review agency records and transactions.
- Senate Bill 69, 65‑4 (one excused), adjusting trustee powers related to tax‑oriented trust advice.

Votes at a glance
- HB 10‑93 (concur in Senate amendments): concurrence adopted, 52‑18.
- HB 12‑21 (appropriation for victim services): passed, 68‑2 (two‑thirds vote required and achieved).
- SB 8 (boat operator offenses; leave‑the‑scene penalties): passed, 52‑18.
- SB 60 (state auditor investigatory access): passed, 70‑0.
- SB 69 (trusts; tax trust adviser language): passed, 65‑4, 1 excused.
- SB 116 (street racing penalties; class 6 felony for organized paid races): passed, 48‑22.
- SB 208 (require voter referral for school opt‑outs/capital outlay certificates): failed, 31‑39.
- SB 219 (require cash acceptance for admission to school events): passed, 36‑34.
- SB 83 (ingestion penalty reform with HOPE probation and graduated sanctions): passed, 37‑33.

Why it matters
- Criminal‑justice policy: SB 83 makes South Dakota the last state to lower the ingestion penalty in part, shifting many first‑time ingestion cases out of the felony system and into mandatory assessment, probation and treatment tracks that sponsors said will reduce recidivism and relieve prison population pressure. Supporters cited DOC numbers and cost comparisons; opponents said felony penalties are an important deterrent and enforcement tool.
- Public safety: SB 116 and SB 8 create new enforcement tools for dangerous street racing and boating incidents, measures sponsors said local law enforcement requested after fatalities and organized roadway events.
- Local taxes and school finance: SB 208’s failure preserves the status quo that lets school boards use opt‑out and capital‑outlay mechanisms without an automatic voter referendum; the debate highlighted tensions between local board discretion and advocates for more direct voter control.
- Victim services funding: HB 12‑21 responds to a temporary federal pause in VOCA funds and a reported increase in victim service utilization; lawmakers voted to cover the gap this session.

What’s next
The bills that passed will move to the Senate or, where applicable, return to the enrolling process and the governor for signature. Lawmakers and stakeholders flagged potential follow‑up work: expanding treatment capacity and HOPE‑style probation programs, clarifying implementation details for local governments and school districts, and monitoring the effect of the ingestion‑penalty change on prison populations and service demand. The House also noted multiple committee meetings scheduled for Monday to continue session work.

Ending note
Floor debate on Feb. 27 reflected sharply divergent views about the balance between punishment and treatment, local control and state standards, and individual accountability versus government intervention — disagreements likely to shape follow‑up oversight and implementation in the months ahead.