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Brookings Today
By the People, for the People
South Dakota Lawmakers Fail to Override Governor's Veto of Home Care Bill
Representative Melissa Heerman vows to reintroduce the legislation if re-elected.
Apr. 1, 2026 at 3:11pm
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State lawmakers in South Dakota failed to override Governor Larry Rhoden's veto of House Bill 1138, a bill that would have required licensure of non-medical home care agencies. The bill's sponsor, Representative Melissa Heerman, said she amended the bill to address early criticisms, but the opposition shifted as the bill progressed. Heerman stated that if re-elected, she will reintroduce the legislation.
Why it matters
The failure to override the governor's veto means that South Dakota will not have new regulations for the growing home care industry, which provides essential services to the state's aging population. This issue is likely to remain a point of contention in the upcoming elections, as Heerman has pledged to make it a priority if she is re-elected.
The details
The state House voted 36-27 to override the governor's veto, falling short of the 47 votes required for a two-thirds majority. Representative Heerman, the bill's sponsor, said she had amended the legislation to address early criticisms, but the opposition continued to shift as the bill progressed through the legislative process.
- The recent legislative session in South Dakota concluded with the governor's vetoes.
- On Monday, state lawmakers failed to override the governor's vetoes, including the veto of House Bill 1138.
The players
Governor Larry Rhoden
The governor of South Dakota who vetoed House Bill 1138.
Representative Melissa Heerman
The District 7 state representative from Brookings, South Dakota, who sponsored House Bill 1138 and has vowed to reintroduce the legislation if re-elected.
What they’re saying
“If re-elected, I will reintroduce the bill.”
— Representative Melissa Heerman, Bill Sponsor
“Once I changed the bill, the criticisms shifted.”
— Representative Melissa Heerman, Bill Sponsor
What’s next
The issue of home care regulation is likely to be a key topic in the upcoming elections, as Representative Heerman has pledged to make it a priority if she is re-elected.
The takeaway
The failure to override the governor's veto on the home care licensure bill highlights the ongoing debate over the regulation of the growing home care industry in South Dakota. This issue will likely continue to be a point of contention in the state's political landscape.


