South Dakota 2026 Regular Session Status: In Committee 6 R cosponsors

HB 1165 — establish basic and advanced esthetics licenses, and to revise the licensure chapter for cosmetology, nail technology, and esthetics.

Last action — House of Representatives Do Pass Amended , Passed, YEAS 27, NAYS 38 H.J. 298

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced January 28, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 30% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Mixed recorded votes

    1 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

53 added · 51 removed

53 line(s) added, 51 removed.

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26.129.17 101st Legislative Session 1165 South Dakota Legislature House Bill 1165 Introduced by:
26.129.18 101st Legislative Session 1165 South Dakota Legislature House Bill 1165 HOUSE COMMERCE AND ENERGY ENGROSSED Introduced by:
26.129.17 2 1165 or in another country, who demonstrates the various practices of cosmetology, nail technology, basic esthetics, or advanced esthetics, as applicable, in order to inform or educate other licensees or the public;
26.129.18 2 1165 or in another country, who demonstrates the various practices of cosmetology, nail technology, basic esthetics, or advanced esthetics, as applicable, in order to inform or educate other licensees or the public;
26.129.17 3 1165 Section 2.
26.129.18 3 1165 Section 2.
26.129.17 4 1165 (b) Extracting impactions and comedones from follicles using gloved fingers, cotton swabs, or comedone extractors, but excluding lancets or needles;
26.129.18 4 1165 (b) Extracting impactions and comedones from follicles using gloved fingers, cotton swabs, or comedone extractors, but excluding lancets or needles;
26.129.17 5 1165 Esthetics Basic esthetics does not include scalp treatments or scalp massage.
26.129.18 5 1165 Esthetics Basic esthetics does not include scalp treatments or scalp massage.
26.129.17 6 1165 (6) Extracting impactions and comedones from follicles using lancets or needles;
26.129.18 6 1165 (6) Extracting impactions and comedones from follicles using lancets or needles;
26.129.17 7 1165 Section 9.
26.129.18 7 1165 Section 9.
26.129.17 8 1165 (10) The textbooks, educational material, and the general course of study for a school and for a cosmetology salon and nail salon having an apprentice, as provided for in § 36-15-46;
26.129.18 8 1165 (10) The textbooks, educational material, and the general course of study for a school and for a cosmetology salon and nail salon having an apprentice, as provided for in § 36-15-46;
26.129.17 9 1165 licensed under the provisions of this chapter, and any other place where the practice of cosmetology, nail technology, basic esthetics, or advanced esthetics is followed, practiced, or taught, for the purpose of inspection and enforcement of this chapter and the rules adopted pursuant to this chapter.
26.129.18 9 1165 licensed under the provisions of this chapter, and any other place where the practice of cosmetology, nail technology, basic esthetics, or advanced esthetics is followed, practiced, or taught, for the purpose of inspection and enforcement of this chapter and the rules adopted pursuant to this chapter.
26.129.17 10 1165 36-15-17.1.
26.129.18 10 1165 36-15-17.1.
26.129.17 11 1165 Section 17.
26.129.18 11 1165 Section 17.
26.129.17 12 1165 Section 19.
26.129.18 12 1165 Section 19.
26.129.17 13 1165 (3) Cosmetologist, nail technician, or esthetician Cosmetology, nail technology, basic esthetics, or advanced esthetics license renewal fee, fifty dollars;
26.129.18 13 1165 (3) Cosmetologist, nail technician, or esthetician Cosmetology, nail technology, basic esthetics, or advanced esthetics license renewal fee, fifty dollars;
26.129.17 14 1165 A temporary permit is valid until the date of the next regular scheduled examination in cosmetology, nail technology, basic esthetics, or advanced esthetics, as applicable.
26.129.18 14 1165 A temporary permit is valid until the date of the next regular scheduled examination in cosmetology, nail technology, basic esthetics, or advanced esthetics, as applicable.
26.129.17 15 1165 An instructor with a basic esthetics license may instruct in the practice of advanced esthetics, if determined by the commission to hold adequate training, work experience, and competence to safely instruct in the practice of advanced esthetics.
26.129.18 15 1165 An instructor with a basic esthetics license may instruct in the practice of advanced esthetics, if determined by the commission to hold adequate training, work experience, and competence to safely instruct in the practice of advanced esthetics.
26.129.17 16 1165 other than those licensed approved by the commission, the licensee shall holder must obtain an additional a separate license for the newly proposed premises as a school pursuant to § 36-15-29 or pursuant to § 36-15-29.3, as applicable.
26.129.18 16 1165 other than those licensed approved by the commission, the licensee shall holder must obtain an additional a separate license for the newly proposed premises as a school pursuant to § 36-15-29 or pursuant to § 36-15-29.3, as applicable.
26.129.17 17 1165 Upon receipt of the application and the fee provided for in this chapter, the The commission shall issue to the applicant a student license which to an applicant who meets the requirements of this section.
26.129.18 17 1165 Upon receipt of the application and the fee provided for in this chapter, the The commission shall issue to the applicant a student license which to an applicant who meets the requirements of this section.
A person An individual may receive apprenticeship education in cosmetology, esthetics, and nail technology.
A person An individual may receive apprenticeship education in cosmetology, basic esthetics, and nail technology.
26.129.17 18 1165 apprentice salon and is adequately equipped to teach the profession of cosmetology, esthetics, or nail technology, as applicable.
26.129.18 18 1165 apprentice salon and is adequately equipped to teach the profession of cosmetology, esthetics, or nail technology, as applicable.
or (2) Four hundred consecutive hours in the same cosmetology salon or nail salon for nail technology.
(2) Six hundred hours for basic esthetics;
or (3) Four hundred consecutive hours in the same cosmetology salon or nail salon for nail technology.
Any An apprentice licensed pursuant to this chapter may practice cosmetology or nail technology only if the:
Any An apprentice licensed pursuant to this chapter may practice cosmetology, basic esthetics, or nail technology only if the:
26.129.17 19 1165 (3) The apprentice is actually engaged in the study and practice of cosmetology, esthetics, or nail technology at least forty hours a week, except as otherwise provided in this section.
26.129.18 19 1165 (3) The apprentice is actually engaged in the study and practice of cosmetology, basic esthetics, or nail technology at least forty hours a week, except as otherwise provided in this section.
A licensed An apprentice who has completed hours in cosmetology, esthetics, or nail technology may apply the completed hours towards meeting the curriculum requirements of another apprentice program, if the completed hours meet the requirements of the other program.
A licensed An apprentice who has completed hours in cosmetology, basic esthetics, or nail technology may apply the completed hours towards meeting the curriculum requirements of another apprentice program, if the completed hours meet the requirements of the other program.
Any person who successfully An apprentice who completes the term of an apprenticeship pursuant to this chapter may apply to the commission for a temporary license which will authorize that authorizes the applicant to perform all the practices of a regularly licensed cosmetologist, esthetician, or nail technician, as applicable.
Any person who successfully An apprentice who completes the term of an apprenticeship pursuant to this chapter may apply to the commission for a temporary license which will authorize that authorizes the applicant to perform all the practices of a regularly licensed cosmetologist, basic esthetician, or nail technician, as applicable.
and (4)(3) The application and fee for the cosmetologist or nail technician examination a full cosmetology or nail technology license, as applicable.
and (4)(3) The application and fee for the cosmetologist or nail technician examination a full cosmetology, basic esthetics, or nail technology license, as applicable.
26.129.17 20 1165 A temporary license issued by the commission is valid until the date of the next scheduled examination in cosmetology, esthetics, or nail technology, as applicable.
26.129.18 20 1165 A temporary license issued by the commission is valid until the date of the next scheduled examination in cosmetology, basic esthetics, or nail technology, as applicable.
26.129.17 21 1165 (1) All of the practices of cosmetology are provided shall apply to the commission for a cosmetology salon or booth license, as applicable;
26.129.18 21 1165 (1) All of the practices of cosmetology are provided shall apply to the commission for a cosmetology salon or booth license, as applicable;
26.129.17 22 1165 If individuals are sharing a work station or other space within a salon in accordance with this section, the commission may not require additional working space other than that required for a single licensee.
26.129.18 22 1165 If individuals are sharing a work station or other space within a salon in accordance with this section, the commission may not require additional working space other than that required for a single licensee.
26.129.17 23 1165 (3) Publication or use of any untruthful or improper statement or representation, with a view the intent of deceiving the public, or any patron or customer, in connection with the practice of or education in cosmetology, nail technology, basic esthetics, or advanced esthetics;
26.129.18 23 1165 (3) Publication or use of any untruthful or improper statement or representation, with a view the intent of deceiving the public, or any patron or customer, in connection with the practice of or education in cosmetology, nail technology, basic esthetics, or advanced esthetics;
26.129.17 24 1165 (7) Employ or allow any unlicensed person to perform work which under this chapter may lawfully be done only by licensed persons services that require a license under this chapter;
26.129.18 24 1165 (7) Employ or allow any unlicensed person to perform work which under this chapter may lawfully be done only by licensed persons services that require a license under this chapter;
26.129.17 25 1165 Section 43.
26.129.18 25 1165 Section 43.
26.129.17 26 1165 (1) Cutting, filing, trimming, shaping, polishing, coloring, removing polish, tinting, air-brushing, decorating, cleansing, or otherwise beautifying a person's fingernails or toenails;
26.129.18 26 1165 (1) Cutting, filing, trimming, shaping, polishing, coloring, removing polish, tinting, air-brushing, decorating, cleansing, or otherwise beautifying a person's fingernails or toenails;
26.129.17 27 1165 practice of esthetics.
26.129.18 27 1165 practice of esthetics.
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Action History

  1. House of Representatives Do Pass Amended , Passed, YEAS 27, NAYS 38 H.J. 298

  2. House of Representatives Motion to amend , Passed, H.J. 298 Amendment 1165B

  3. Commerce and Energy Do Pass Amended , Passed, YEAS 11, NAYS 1 H.J. 16

  4. Commerce and Energy Motion to amend , Passed, H.J. 15 Amendment 1165A

  5. Scheduled for hearing

  6. First read in House and referred to House Commerce and Energy H.J. 163

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 99 not signed on · 37 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (99)

99 members have not signed on to this bill.

Show all 99 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass Amended

Failed 27 Yea · 38 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 273105
Democratic 0500
Unaffiliated 0200
Total 273805
% of votes cast 39%54%0%7%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Nay
Van Diepen — Nay
Eric Emery Democratic Nay
Erik Muckey Democratic Nay
Erin Healy Democratic Nay
Kadyn Wittman Democratic Nay
Nicole Uhre-Balk Democratic Nay
Aaron Aylward Republican Nay
Al Novstrup Republican Yea
Amber Arlint Republican Nay
Bethany Soye Republican Not Voting
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Nay
Brian Mulder Republican Nay
Chris Kassin Republican Yea
Curt Massie Republican Nay
David Kull Republican Nay
Drew Peterson Republican Nay
Dylan Jordan Republican Nay
Greg Jamison Republican Yea
Heather Baxter Republican Yea
Jana Hunt Republican Yea
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Nay
John Hughes Republican Yea
John Shubeck Republican Nay
John Sjaarda Republican Nay
Jon Hansen Republican Yea
Josephine Garcia Republican Nay
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Yea
Kent Roe Republican Nay
Keri Weems Republican Nay
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Yea
Logan Manhart Republican Yea
Marty Overweg Republican Yea
Mary Fitzgerald Republican Nay
Matt Roby Republican Nay
Mellissa Heermann Republican Nay
Mike Derby Republican Yea
Mike Stevens Republican Nay
Mike Weisgram Republican Nay
Nick Fosness Republican Yea
Peri Pourier Republican Yea
Phil Jensen Republican Nay
Rebecca Reimer Republican Nay
Roger DeGroot Republican Nay
Scott Moore Republican Nay
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Steve Duffy Republican Nay
Taylor Rehfeldt Republican Nay
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Yea
Tim Goodwin Republican Not Voting
Tim Reisch Republican Nay
Tim Walburg Republican Nay
Tina Mulally Republican Not Voting
Tony Kayser Republican Nay
Tony Randolph Republican Nay
Travis Ismay Republican Yea
Trish Ladner Republican Nay
Will Mortenson Republican Not Voting
William Shorma Republican Nay

Official roll call →

Do Pass Amended

Passed 11 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 10101
Democratic 1000
Total 11101
% of votes cast 85%8%0%8%
How each member voted (13)
Member Party Vote
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Yea
Drew Peterson Republican Yea
Jessica Bahmuller Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Lana Greenfield Republican Yea
Mike Weisgram Republican Not Voting
Steve Duffy Republican Nay
Tesa Schwans Republican Yea
Tina Mulally Republican Yea
Tony Kayser Republican Yea
William Shorma Republican Yea

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1165?
HB 1165 is sponsored by Kathy Rice (Republican), Carl Perry (Republican), Al Novstrup (Republican), Tim Goodwin (Republican), Tesa Schwans (Republican), and Amber Hulse (Republican).
What is the current status of HB 1165?
This bill is in committee in the House. Introduced January 28, 2026. It must pass committee before a floor vote.
Where can I track HB 1165?
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