The Chamber Advocate
2026 South Dakota Legislative Session – Week Seven
Drama in the Senate
This week was certainly one of the strangest in recent memory. Due to a member of the Senate being absent for the entirety of session for personal reasons, the Senate has operated thus far with 34 members instead of its full 35. Due to this dynamic, along with hairline margins on many votes and a divided Senate Republican caucus, the Lt. Governor has had the opportunity to break several tie votes in the Senate.
The drama started on Monday with the hearing of SB 239, a bill that would expand the state’s Reinvestment Payment Program in an effort to be more attractive to large businesses building and expanding in South Dakota. The bill became controversial, as many saw it as a pro-data center bill. Due to this, Senator Tom Pischke from District 25 left the Senate floor while SB 239 was up for debate, leaving only 33 senators on the floor for the vote. The vote outcome was 17 yes, 16 no and two excused. Because of this, the Lt. Governor was not able to vote on the issue, since it was not an exact tie.
After the failure of this bill, Sen. Michael Rohl from District 1 used a procedural move, Joint Rule 2-2 “A Call of the House,” which requires all members of the body to report to the chamber and not leave until all members are present. Invoking this rule required Senator Pischke to return to the chamber and vote on the remaining bills.
The drama only amplified from there. On Tuesday, as SB 239 was being reconsidered, Sen. John Carley from District 29 left the Capitol building prior to the Senate gaveling in that day. He did not tell anyone where he was going and turned his cell phone off. The Senate then invoked the Call of the House again, and a search of the building was conducted. The Highway Patrol reviewed camera footage and confirmed that he had left the building, gotten into his vehicle and left the grounds entirely. While Senator Carley later claimed that he had an eye doctor appointment and that is where he was, many speculate that this was a planned move to prevent the passage of SB 239.
Other Business of the Week
Crossover Day occurred on Tuesday, requiring all bills to be passed or defeated in their chamber of origin. After Crossover Day, the bill load is far lighter for the remainder of session and allows many in the Capitol to focus on remaining priorities. Some of the remaining priorities of your Greater Sioux Falls Chamber of Commerce team are funding for the Sioux Falls Airport expansion, funding for the advanced manufacturing center at Southeast Technical College, tax increment financing reform and a handful of other issues.
Stay Informed
As always, please continue staying up to date with the South Dakota Legislative Session and the work your Greater Sioux Falls Chamber of Commerce policy team is doing for the business community. All of the issues your Greater Sioux Falls Chamber of Commerce team is working on can be found on the bill tracker. If you have questions about any specific legislation, please reach out.