HB 1138 South Dakota House · 2026 Regular Session

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

HB 1138 requires non-medical home care agencies in South Dakota to obtain a license from the Department of Health before operating. Agencies must submit applications, pay a fee (capped at $100), and verify that home care aides complete 10 hours of mandatory training (covering dementia care, safety, nutrition, and abuse reporting) and pass criminal background checks. The bill directly affects home care agencies, their employees (home care aides), and clients receiving services like bathing assistance, meal prep, or companionship in their homes. Operating without a license is a Class 1 misdemeanor, and agencies must maintain client records and allow department inspections.

Bill status vetoed 4 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Mar 2026

House Passage

Feb 2026

Senate Passage

Mar 2026

Vetoed

Mar 2026

Introduced Feb 20, 2026 Vetoed Mar 30, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

House Engrossed → Enrolled · 6 edits · Mar 9, 2026

MODERATE

This bill enrolls a new law requiring non-medical home care agencies in South Dakota to obtain a state license. The enrolled version contains the complete legislative text with all substantive provisions intact, while the previous version showed browser compatibility warnings and loading errors. The law establishes licensing requirements, training mandates, background check procedures, and insurance obligations for home care agencies.

Scope change

No substantive scope change - the enrolled version contains the same policy provisions as the House Engrossed version, only formatting differences and removal of browser warning text.

TECHNICAL

Removed browser compatibility warnings and loading error messages that were present in the House Engrossed version but not needed in the final enrolled bill text.

DEFINITION

Added comprehensive definitions for key terms including client, department, home care aide, non-medical home care agency, and non-medical home care services.

REQUIREMENT

Established mandatory licensing requirements for non-medical home care agencies with a $100 fee cap and one-year license validity.

Required home care aides to complete at least eight hours of training covering dementia care, safety, nutrition, confidentiality, and elder abuse prevention.

Mandated professional liability insurance coverage of at least $250,000 per occurrence for licensed agencies.

ENFORCEMENT

Created misdemeanor penalties for operating unlicensed agencies and established background check requirements excluding individuals with violent crimes, sex crimes, or Class A/B felonies.

Floor votes · Senate Mar 5, 2026 · House Mar 30, 2026

How they voted

20–14

Passed · 1 other

Total votes 35

Mar 5, 2026

D Democratic3

2 Yea 1 Nay

66% Yea

R Republican32

18 Yea 13 Nay 1

56% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 30, 2026

Vetoed

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

upper

Mar 30, 2026

Vetoed

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

upper

Mar 30, 2026

Vetoed

Vetoed by the Governor H.J. 580

upper

Mar 30, 2026

House · Passed

House Vote: pass (36-27-7)

house

Mar 10, 2026

Upper · Passed

Signed by the President S.J. 512

upper

Mar 9, 2026

Upper · Passed

Signed by the Speaker H.J. 542

upper

Mar 5, 2026

Upper · Passed

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

upper

Mar 5, 2026

Senate · Passed

Senate Vote: pass (20-14-1)

senate

Mar 4, 2026

Upper · Passed

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

upper

Feb 20, 2026

Introduced

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

upper

Feb 19, 2026

Lower · Passed

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

lower

Feb 19, 2026

Introduced

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

lower

Feb 18, 2026

Lower · Passed

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

lower

Feb 17, 2026

Lower · Passed

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

lower

Feb 17, 2026

Lower · Passed

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

lower

Feb 10, 2026

Lower · Passed

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

lower

Feb 10, 2026

Introduced

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

lower

Feb 10, 2026

Introduced

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

lower

Jan 27, 2026

Committee

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

lower

13 primary · 0 co-sponsors