Rep. Josephine Garcia

Maddy summaryHB 1171 requires blood donation centers in South Dakota to ask donors if they've received a COVID-19 or mRNA vaccination and to label blood bags if they have. It prohibits disclosing the donor's personal information on the label. Patients needing non-emergency blood transfusions can request blood from donors with or without these vaccinations, and healthcare providers must provide that blood if available. The law directly affects blood donors, donation centers, and patients receiving transfusions, creating new disclosure and request mechanisms while banning discrimination based on vaccination status.

Maddy summaryHB 1211 creates a digital registry identification card for medical cannabis patients in South Dakota, replacing the current physical card. This digital card will be issued to qualifying patients and their designated caregivers who have received certification from a healthcare provider for a qualifying medical condition. The bill amends existing law to define "Cardholder" as someone possessing a valid digital registry card, which will be used to verify eligibility for medical cannabis use under state law. The change modernizes the verification process but does not alter the qualifying medical conditions or possession limits for patients.

Maddy summaryHB 1315 would allow South Dakota voters to initiate a recall of local elected officials or individuals appointed to fill vacancies in their offices. To trigger a recall, a petition requiring signatures from 15% of registered voters in the official's jurisdiction (based on the prior general election) must be filed, along with specific grounds for removal such as crime, incompetence, or misconduct. If the petition meets requirements, a special election must be held within 60 days to decide removal, with the official allowed to remain on the ballot unless they request otherwise. The bill does not apply to officials subject to impeachment under the state constitution.

Maddy summarySB 92 clarifies the process for appealing or referring decisions made by county commissioners regarding land use or zoning changes. It directly affects county commissioners, residents, and petitioners who challenge or seek to refer such decisions. Key provisions require commissioners to publish adoption notices in a legal newspaper, with decisions taking effect 20 days later unless a referendum is triggered. The bill also specifies that rejection of requests follows separate procedures under existing law. This is a procedural clarification with no new policy changes.

Maddy summaryHB 1266 defines "public employees" to include state/local government workers, school staff, and public service personnel. It prohibits using official authority for political interference, soliciting political contributions in the workplace, coercing political activity, or engaging in political activity during work hours or in government facilities. The bill also restricts using state resources or vehicles for political purposes while allowing employees to vote, express political views, campaign, and contribute to political causes outside work hours. These rules align with federal standards for public employee conduct and apply to all state and local government roles covered by the law.

Maddy summaryHB 1031 revises South Dakota's rape offense definitions and increases penalties, primarily affecting victims under 13 and perpetrators convicted of sexual crimes against minors. It adds new circumstances to rape definitions (e.g., victim incapacity due to intoxication) and establishes a 15-year minimum sentence for first offenses involving victims under 13. The bill also removes the statute of limitations for rape cases involving victims under 13 or using force/coercion, allowing charges to be filed until the victim turns 25. These changes directly impact criminal sentencing for sexual offenses and extend legal accountability for certain victims.

Maddy summaryHB 1192 allows parole consideration for inmates sentenced to life imprisonment without parole who were aged 18-26 at the time of their offense (excluding first-degree rape). It requires the parole board to review cases after 25 years of incarceration, with mandatory initial hearings within six months of eligibility. The board must consider factors like the inmate's youth at the time of crime, rehabilitation efforts, completion of educational programs, victim input, and evidence of maturity. The law applies retroactively to all qualifying inmates sentenced before July 1, 2026. It modifies existing parole eligibility rules by creating a specific pathway for this age group.

Maddy summarySB 181 would end South Dakota's medical cannabis program if the federal government reclassifies cannabis as a Schedule III drug under federal law. It specifically repeals the state's medical cannabis chapter (Chapter 34-20G) upon confirmation by the attorney general that the U.S. Food and Drug Administration has made this federal change. The law requires the Department of Health to notify all current medical cannabis cardholders and licensed businesses about the repeal and its effective date. This change only affects South Dakota's medical cannabis program and would not impact recreational cannabis laws or other state regulations.

Maddy summaryHCR 6010 is a non-binding resolution passed by the South Dakota legislature urging the U.S. Supreme Court to overturn its 2015 *Obergefell v. Hodges* decision, which established same-sex marriage as a constitutional right. The resolution expresses the legislature's view that *Obergefell* conflicted with constitutional principles and state authority over marriage, citing arguments about judicial overreach and the state's 2006 voter-approved definition of marriage. This resolution has no legal effect and does not change marriage laws in South Dakota or elsewhere. It serves solely as a symbolic statement of legislative opinion.

Maddy summaryHB 1153 protects healthcare providers' right to refuse participation in or payment for medical services that conflict with their moral, ethical, or religious beliefs (Section 2). It applies broadly to all healthcare professionals (like doctors, nurses, pharmacists), healthcare entities (hospitals, clinics), and organizations arranging medical payments (Section 1). The bill prohibits discrimination against providers who exercise this right, engage in protected speech about it, report violations, or disclose conscience-related concerns to authorities (Section 3). It clarifies that employers may accommodate this right through reassignment or schedule changes but cannot retaliate, while not affecting existing duties to provide non-conflicting care.