South Dakota 2026 Regular Session Status: Enacted Bipartisan · 10 R · 3 D cosponsors

HB 1138 — require the licensure of non-medical home care agencies, and to provide a penalty therefor.

Last action — Delivered veto sustained to the Secretary of State H.J. 583

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

This bill has been enacted into law. Introduced January 26, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on March 10, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high 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

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 6 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

184 added · 158 removed

Plain-language change summary

The main change in the bill HB 1138 is that it has been updated to formally define terms related to non-medical home care services and the agencies that provide them. This includes a clear description of what constitutes a non-medical home care agency and the various services they provide, such as personal assistance and companionship. These definitions are crucial because they establish guidelines for licensure, ensuring that agencies meet specific standards to help protect clients and improve care quality. This shift is important for promoting safety and accountability in home care services.

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26.607.27 101st Legislative Session 1138 South Dakota Legislature House Bill 1138 HOUSE ENGROSSED Introduced by:
26.607.28 101st Legislative Session 1138 South Dakota Legislature House Bill 1138 ENROLLED A N A CT ENTITLED An Act to require the licensure of non-medical home care agencies, and to provide a penalty therefor.
Representative Heermann An Act to require the licensure of non-medical home care agencies, and to provide a penalty therefor.
B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :
Overstrikes indicate deleted language.
26.607.28 2 1138 A non-medical home care agency may not operate in this state unless the agency is licensed by the department.
26.607.27 2 1138 A non-medical home care agency may not operate in this state unless the agency is licensed by the department.
Overstrikes indicate deleted language.
HB1138 ENROLLED 26.607.28 3 1138 (b) Safe techniques for assisting with bathing, dressing, personal grooming, and toileting;
26.607.27 3 1138 (b) Safe techniques for assisting with bathing, dressing, personal grooming, and toileting;
Overstrikes indicate deleted language.
HB1138 ENROLLED 26.607.28 4 1138 A non-medical home care agency shall maintain records documenting the type and frequency of services provided to each client and shall provide client records to the department upon request.
26.607.27 4 1138 A non-medical home care agency shall maintain records documenting the type and frequency of services provided to each client and shall provide client records to the department upon request.
and Overstrikes indicate deleted language.
and HB1138 ENROLLED 26.607.28 5 1138 (4) Procedures for the completion of criminal history background checks for prospective agency employees or contractors.
26.607.27 5 1138 (4) Procedures for the completion of criminal history background checks for prospective agency employees or contractors.
Overstrikes indicate deleted language.
HB1138 ENROLLED 26.607.28 6 1138 An Act to require the licensure of non-medical home care agencies, and to provide a penalty therefor.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
House as Bill No.
1138 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:
Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:
at _________ o'clock __M.
Secretary of the Senate Secretary of State House Bill No.
1138 By File No.
____ Asst.
Secretary of State Chapter No.
______ HB1138 ENROLLED
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Action History

  1. Delivered veto sustained to the Secretary of State H.J. 583

  2. Veto override , Passed, YEAS 36, NAYS 27 H.J. 582

  3. Vetoed by the Governor H.J. 580

  4. Delivered to the Governor on 2026-03-11 H.J. 556

  5. Signed by the President S.J. 512

  6. Signed by the Speaker H.J. 542

  7. Senate Do Pass Amended , Passed, YEAS 20, NAYS 14 S.J. 482

  8. Health and Human Services Do Pass , Passed, YEAS 5, NAYS 2 S.J. 27

  9. Scheduled for hearing S.J. 1

  10. First read in Senate and referred to Senate Health and Human Services S.J. 340

  11. House of Representatives Do Pass Amended , Passed, YEAS 41, NAYS 25 H.J. 370

  12. House of Representatives Motion to amend , Passed, H.J. 370 Amendment 1138C

  13. Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 48, NAYS 19 H.J. 354

  14. Health and Human Services Report out of committee without recommendation as amended , Passed,

  15. Recalled from committee (Rule 7-7) , Passed, H.J. 333

  16. Health and Human Services Deferred to the 41st legislative day , Passed, YEAS 8, NAYS 5

  17. Health and Human Services Motion to amend , Passed, Amendment 1138B

  18. Scheduled for hearing

  19. Health and Human Services Motion to amend , Passed, Amendment 1138A

  20. Scheduled for hearing

  21. Referred to House Health and Human Services H.J. 150

  22. First Reading House H.J. 135

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 92 not signed on · 45 voted No

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"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

Veto override

Passed 36 Yea · 27 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 302607
Democratic 5000
Unaffiliated 1100
Total 362707
% of votes cast 51%39%0%10%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Nay
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 Nay
Al Novstrup Republican Nay
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Nay
Brandei Schaefbauer Republican Nay
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Nay
Greg Jamison Republican Yea
Heather Baxter Republican Nay
Jana Hunt Republican Nay
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Not Voting
Jim Halverson Republican Yea
John Hughes Republican Yea
John Shubeck Republican Nay
John Sjaarda Republican Nay
Jon Hansen Republican Nay
Josephine Garcia Republican Nay
Julie Auch Republican Nay
Kaley Nolz Republican Nay
Karla Lems Republican Nay
Kathy Rice Republican Nay
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Not Voting
Logan Manhart Republican Nay
Marty Overweg Republican Nay
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 Not Voting
Phil Jensen Republican Nay
Rebecca Reimer Republican Not Voting
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Nay
Spencer Gosch Republican Nay
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Nay
Tesa Schwans Republican Nay
Tim Czmowski Republican Yea
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Not Voting
Tina Mulally Republican Nay
Tony Kayser Republican Nay
Tony Randolph Republican Nay
Travis Ismay Republican Nay
Trish Ladner Republican Yea
Will Mortenson Republican Yea
William Shorma Republican Yea

Official roll call →

Do Pass Amended

Passed 20 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 171301
Democratic 2100
Unaffiliated 1000
Total 201401
% of votes cast 57%40%0%3%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Yea
Liz Larson Democratic Yea
Red Dawn Foster Democratic Nay
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Yea
Carl Perry Republican Yea
Casey Crabtree Republican Yea
Chris Karr Republican Nay
Curt Voight Republican Yea
Glen Vilhauer Republican Yea
Greg Blanc Republican Nay
Helene Duhamel Republican Yea
Jim Mehlhaff Republican Yea
John Carley Republican Nay
Joy Hohn Republican Nay
Kevin Jensen Republican Nay
Kyle Schoenfish Republican Yea
Larry Zikmund Republican Yea
Lauren Nelson Republican Nay
Mark Lapka Republican Nay
Michael Rohl Republican Yea
Mykala Voita Republican Nay
Paul Miskimins Republican Yea
Randy Deibert Republican Yea
Sam Marty Republican Nay
Stephanie Sauder Republican Yea
Steve Kolbeck Republican Yea
Sue Peterson Republican Nay
Sydney Davis Republican Yea
Taffy Howard Republican Nay
Tamara Grove Republican Nay
Tim Reed Republican Yea
Tom Pischke Republican Nay

Official roll call →

Do Pass Amended

Passed 41 Yea · 25 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 342504
Democratic 5000
Unaffiliated 2000
Total 412504
% of votes cast 59%36%0%6%
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 Nay
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Nay
Brandei Schaefbauer Republican Nay
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Nay
Greg Jamison Republican Yea
Heather Baxter Republican Nay
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 Nay
Jon Hansen Republican Nay
Josephine Garcia Republican Nay
Julie Auch Republican Nay
Kaley Nolz Republican Nay
Karla Lems Republican Nay
Kathy Rice Republican Nay
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Nay
Logan Manhart Republican Nay
Marty Overweg Republican Nay
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 Not Voting
Phil Jensen Republican Nay
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Nay
Spencer Gosch Republican Nay
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Nay
Tesa Schwans Republican Nay
Tim Czmowski Republican Not Voting
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Nay
Tony Kayser Republican Nay
Tony Randolph Republican Nay
Travis Ismay Republican Nay
Trish Ladner Republican Yea
Will Mortenson Republican Yea
William Shorma Republican Yea

Official roll call →

Placed on calendar pursuant to JR 6F-6

Passed 48 Yea · 19 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 411903
Democratic 5000
Unaffiliated 2000
Total 481903
% of votes cast 69%27%0%4%
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 Nay
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Nay
Brandei Schaefbauer Republican Not Voting
Brian Mulder Republican Yea
Chris Kassin Republican Nay
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Nay
Greg Jamison Republican Yea
Heather Baxter Republican Nay
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 Nay
Jon Hansen Republican Yea
Josephine Garcia Republican Nay
Julie Auch Republican Yea
Kaley Nolz Republican Nay
Karla Lems Republican Nay
Kathy Rice Republican Nay
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Yea
Logan Manhart Republican Nay
Marty Overweg Republican Nay
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 Nay
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 Nay
Tony Randolph Republican Nay
Travis Ismay Republican Nay
Trish Ladner Republican Yea
Will Mortenson Republican Yea
William Shorma Republican Yea

Official roll call →

Deferred to the 41st legislative day

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Republican 8400
Democratic 0100
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Eric Emery Democratic Nay
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Yea
Brian Mulder Republican Nay
Dylan Jordan Republican Yea
Heather Baxter Republican Yea
Jim Halverson Republican Nay
Josephine Garcia Republican Yea
Leslie Heinemann Republican Yea
Logan Manhart Republican Yea
Nick Fosness Republican Nay
Taylor Rehfeldt Republican Nay
Tony Kayser Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HB 1138?
HB 1138 is sponsored by Kadyn Wittman (Democratic), Brandon Wipf (Republican), Kent Roe (Republican), Tim Reed (Republican), Carl Perry (Republican), Marty Overweg (Republican), Erik Muckey (Democratic), Scott Moore (Republican), Tim Goodwin (Republican), Eric Emery (Democratic), Roger DeGroot (Republican), Stephanie Sauder (Republican), and Mellissa Heermann (Republican).
What is the current status of HB 1138?
This bill has been enacted into law. Introduced January 26, 2026. Enacted.
Where can I track HB 1138?
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