South Dakota 2026 Regular Session Status: Enacted

SB 8 — permit a school district to administer epinephrine using a nasal spray.

Last action — Signed by the Governor on 2026-02-12 S.J. 256

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

This bill has been enacted into law. Introduced January 13, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on February 12, 2026.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

79 added · 52 removed

Plain-language change summary

The updated bill now allows schools to administer epinephrine not only through auto-injectors but also via nasal spray during emergencies, such as severe allergic reactions. Additionally, it clarifies that school personnel can provide this treatment to any student, even if they do not have a prescription on file, as long as they believe the student is experiencing anaphylaxis. These changes are significant because they expand access to potentially life-saving medication and streamline the response process in urgent situations, enhancing student safety in schools.

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26.367.15 101st Legislative Session 8 South Dakota Legislature Senate Bill 8 Introduced by:
26.367.16 101st Legislative Session 8 South Dakota Legislature Senate Bill 8 ENROLLED AN A CT ENTITLED An Act to permit a school district to administer epinephrine using a nasal spray.
The Chair of the Committee on Education at the request of the Department of Education An Act to permit a school district to administer epinephrine using a nasal spray.
B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
Overstrikes indicate deleted language.
26.367.16 2 8 Section 4.
26.367.15 2 8 Section 4.
Overstrikes indicate deleted language.
SB8 ENROLLED 26.367.16 3 8 An Act to permit a school district to administer epinephrine using a nasal spray.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
8 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:
Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:
at _________ o'clock __M.
Chief Clerk of the House Secretary of State Senate Bill No.
8 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB8 ENROLLED
⬇ Download PDF
View plain text versions (2)
  • Enrolled View text Current pdf February 03, 2026
  • Introduced View text pdf December 19, 2025

Action History

  1. Signed by the Governor on 2026-02-12 S.J. 256

  2. Delivered to the Governor on 2026-02-05 S.J. 197

  3. Signed by the Speaker H.J. 229

  4. Signed by the President S.J. 171

  5. House of Representatives Do Pass , Passed, YEAS 61, NAYS 4 H.J. 198

  6. Remove from Consent Calendar H.J. 182

  7. Certified uncontested, placed on consent , Passed,

  8. Education Do Pass , Passed, YEAS 13, NAYS 0

  9. Scheduled for hearing

  10. Referred to House Education H.J. 114

  11. First Reading House H.J. 105

  12. Senate Do Pass , Passed, YEAS 31, NAYS 1 S.J. 68

  13. Remove from Consent Calendar S.J. 60

  14. Placed on consent , Passed, S.J. 1

  15. Education Do Pass , Passed, YEAS 7, NAYS 0 S.J. 1

  16. Scheduled for hearing

  17. First read in Senate and referred to Senate Education S.J. 12

Sponsors

  • Education · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 104 not signed on · 5 voted No

Sponsors (1)

  • Education

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"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

Passed 61 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 54405
Democratic 5000
Unaffiliated 2000
Total 61405
% of votes cast 87%6%0%7%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Yea
Erik Muckey Democratic Yea
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Yea
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Yea
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Yea
Greg Jamison Republican Yea
Heather Baxter Republican Yea
Jana Hunt Republican Nay
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Yea
John Hughes Republican Yea
John Shubeck Republican Yea
John Sjaarda Republican Yea
Jon Hansen Republican Yea
Josephine Garcia Republican Yea
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Yea
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Yea
Logan Manhart Republican Yea
Marty Overweg Republican Yea
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mellissa Heermann Republican Yea
Mike Derby Republican Yea
Mike Stevens Republican Yea
Mike Weisgram Republican Yea
Nick Fosness Republican Yea
Peri Pourier Republican Yea
Phil Jensen Republican Nay
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Yea
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Nay
Tony Kayser Republican Yea
Tony Randolph Republican Not Voting
Travis Ismay Republican Nay
Trish Ladner Republican Not Voting
Will Mortenson Republican Not Voting
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 12002
Democratic 1000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Nicole Uhre-Balk Democratic Yea
Amber Arlint Republican Yea
Dylan Jordan Republican Yea
Heather Baxter Republican Yea
Jim Halverson Republican Yea
Josephine Garcia Republican Yea
Kathy Rice Republican Yea
Lana Greenfield Republican Yea
Liz May Republican Not Voting
Logan Manhart Republican Yea
Mellissa Heermann Republican Yea
Mike Stevens Republican Yea
Roger DeGroot Republican Not Voting
Tesa Schwans Republican Yea
Travis Ismay Republican Yea

Official roll call →

Do Pass

Passed 31 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 27103
Democratic 3000
Unaffiliated 1000
Total 31103
% of votes cast 89%3%0%9%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Yea
Liz Larson Democratic Yea
Red Dawn Foster Democratic Yea
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Yea
Carl Perry Republican Yea
Casey Crabtree Republican Yea
Chris Karr Republican Not Voting
Curt Voight Republican Yea
Glen Vilhauer Republican Yea
Greg Blanc Republican Yea
Helene Duhamel Republican Yea
Jim Mehlhaff Republican Yea
John Carley Republican Nay
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Yea
Larry Zikmund Republican Yea
Lauren Nelson Republican Yea
Mark Lapka Republican Not Voting
Michael Rohl Republican Yea
Mykala Voita Republican Yea
Paul Miskimins Republican Yea
Randy Deibert Republican Yea
Sam Marty Republican Yea
Stephanie Sauder Republican Yea
Steve Kolbeck Republican Yea
Sue Peterson Republican Yea
Sydney Davis Republican Yea
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Yea
Tom Pischke Republican Yea

Official roll call →

Subjects

public-safety healthcare education
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 SB 8?
SB 8 is sponsored by Education.
What is the current status of SB 8?
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Where can I track SB 8?
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