2025 SD Legislative Scorecard

HB1052 provides that no one is allowed to use eminent domain—the government's unconstitutional power to take private property—to build or operate a pipeline primarily meant for transporting carbon oxide.

The South Dakota State Senate passed HB1052 on March 4, 2025 by a vote of 23 to 12. We have assigned pluses to the ayes because eminent domain for the benefit of private corporations violates the U.S. Constitution, particularly the Fifth and Fourteenth Amendments. The Fifth Amendment states, “nor shall private property be taken for public use, without just compensation,” and the Fourteenth Amendment adds that no state shall “deprive any person of life, liberty, or property, without due process of law.” There is no constitutional justification for government involvement in carbon storage policies anywhere in the United States, especially under the pretext of combating “climate change.” The John Birch Society covered this issue extensively in their documentary, "UNearthing the CO2 Pipeline." By blocking forced takings for carbon pipelines, this bill protects property rights, pushes back against globalist environmental agendas like the United Nations’ Agenda 2030, and reinforces state sovereignty and individual liberty.

HB1132 enacts a childcare assistance program to allow certain childcare workers to qualify for help with their own childcare costs. Employees who work at least 30 hours per week at licensed or registered daycare programs and whose household income is at or below 300 percent of the federal poverty level can qualify, and their household income will not be counted when determining eligibility. The law also updates rules for program administration, funding, and oversight.

The South Dakota State Senate passed HB1132 on March 4, 2025 by a vote of 20 to 14. We have assigned pluses to the nays because rather than promoting personal responsibility and a limited government role in the economy, HB1132 props up a specific industry—childcare—through taxpayer-funded subsidies and expanding government welfare. By excluding the household income of applicants from eligibility calculations, the program artificially qualifies more recipients, further distorting the market. A truly free and constitutional system would allow the private sector to respond to childcare needs without state interference or redistribution schemes that pick winners and losers.

HJR5002 applies to Congress for an Article V convention to propose an amendment to the U.S. Constitution that would establish term limits for members of Congress.

The South Dakota State Senate passed HJR5002 on March 4, 2025 by a vote of 25 to 10. We have assigned pluses to the nays because a so-called “Convention of the States” would not be of “limited” purpose. The vague and contradictory text contained in this joint resolution dangerously permits what Article V of the U.S. Constitution describes as a “Convention for proposing Amendments” or second constitutional convention. Article V was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials. HJR5002 should be opposed in favor of less risky, more precise, and immediate solutions that would restore power back to the states and the people, such as clear-cut proposals in Congress to repeal bad amendments or state nullification of specific unconstitutional federal laws.

SB82 requires an official declaration of war or other congressional action before the South Dakota National Guard may be deployed by the federal government.

The South Dakota State Senate rejected SB82 on February 3, 2025 by a vote of 6 to 29. We have assigned pluses to the ayes because this bill would nullify unconstitutional federal deployments of the National Guard. A congressional declaration of war is constitutionally required to enter into a foreign conflict or for another constitutional reason, in accordance with Article I, Section 8, Clauses 11 and 15, of the U.S. Constitution.

SB1 updates the state's adoption of federal motor carrier safety and hazardous materials regulations to include all changes made through January 1, 2025. It clarifies that most federal trucking rules apply to both interstate and intrastate operations. It also sets minimum driver age requirements—21 for interstate, hazardous materials, and large passenger vehicles, and 18 for others.

The South Dakota State Senate passed SB1 on January 22, 2025 by a vote of 35 to 0. We have assigned pluses to the nays because this bill surrenders state sovereignty to federal bureaucrats. By aligning state policy with regulations from the U.S. Department of Transportation, it interferes in the free market by setting age limits, and invites federal control over private industry. Such overreach infringes on the 10th Amendment’s protection of state sovereignty, the 14th Amendment’s guarantee of individual rights, and the God-given rights to “Life, Liberty, and the Pursuit of Happiness.” States must resist by nullifying these unconstitutional mandates.