The South Dakota House of Representatives meets at the Capitol in Pierre on Feb. 10, 2026. (Photo by Makenzie Huber/South Dakota Searchlight)
PIERRE, S.D. (South Dakota Searchlight) – South Dakota Republican Gov. Larry Rhoden vetoed a bill on Wednesday that would require state licensing of non-medical home care agencies, his second veto of the 2026 legislative session.
The vetoed bill is sponsored by Brookings Republican Rep. Mellissa Heermann, who said she introduced the legislation to protect “vulnerable” South Dakotans using personal or home care services — often people who are disabled or elderly.
South Dakota doesn’t mandate licensure, training or background checks for home services unless they’re paid through Medicaid. The bill would require eight hours of training and background checks for all non-medical home care workers, along with a $100 annual license fee for each non-medical home care agency.
Lawmakers will consider the veto Monday. Overriding it will require a two-thirds vote in each chamber — 47 votes in the House and 24 in the Senate. The bill was supported 41-25 by the state House in February and 20-14 earlier this month in the state Senate.
Rhoden explained his veto in a letter, saying the regulations in the bill are too broad and create a false sense of consumer protection because the state Department of Health doesn’t have authority to examine or verify the background checks required in the bill. A representative with the state Department of Health opposed the bill during legislative committee hearings.
Rhoden’s explanation surprised Heermann, who said she worked with the Health Department on a compromise. Originally, the bill was “more aggressive” in its protections.
“We made this compromise in good faith, but one of the concerns is that it’s not strong enough now,” Heermann said.
The Department of Health continued to oppose the bill after Heermann’s amendments.
More regulations could risk reducing access to services in rural areas of the state, Rhoden added. He said in a news release that state regulation should be “as limited and targeted as possible.”
“I am directing the Department of Health to work with stakeholders to develop a more effective framework that provides meaningful protections without placing unnecessary burdens on those who provide essential services,” Rhoden said.
Heermann said if the Legislature doesn’t override Rhoden’s veto, she’ll push for legislative discussions with the executive branch, stakeholders and affected South Dakotans to introduce a bill next winter if she’s reelected.
“I think it’s a critical piece of legislation and a critical protection that should already be in place,” Heermann said. “When it comes to veto day, I think it’s a heavy lift and involves many conversations.”
Rhoden has signed 222 bills into law and vetoed two this legislative session. The other veto is on a bill that would ban lab-grown meat in the state. Although lawmakers have not yet considered that veto, Rhoden has signed a compromise bill into law that will place a five-year moratorium on lab-grown meat.
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