This bill clarifies the theft law for contractors, subcontractors, and suppliers who misuse money or property entrusted to them for real estate improvements. Under the revised law, these workers commit theft if they take property they received for improvement work and use it for purposes other than paying for labor, materials, or skills needed for that project. Penalties for this theft offense are now tied to South Dakota's standard theft penalties rather than any separate provision.
The amendment significantly NARROWS the scope of theft by removing the specific $500 threshold and the requirement that unpaid labor, materials, or machinery accounts remain outstanding, instead establishing a broader general theft provision that applies whenever a contractor misappropriates entrusted property for purposes other than improvement of the real estate. This simplifies the statute by eliminating complex financial conditions and the safe harbor for withholding funds pending work completion, making it easier to prosecute contractor theft cases.
Other amendments
Signed by the Governor H.J. 578
Delivered to the Governor H.J. 534
Signed by the President S.J. 486
Signed by the Speaker H.J. 516
Senate Do Pass Passed, YEAS 31, NAYS 3. S.J. 445
Senate Remove from Consent Calendar S.J. 426
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 4, NAYS 0.
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 232
House of Representatives Do Pass Passed, YEAS 46, NAYS 19. H.J. 263
House of Representatives Deferred with pending amendment (Rule 5-17) H.J. 248
House of Representatives Remove from Consent Calendar H.J. 238
Judiciary Certified uncontested, placed on consent H.J. 10
Judiciary Do Pass Passed, YEAS 11, NAYS 0. H.J. 10
Judiciary Scheduled for hearing H.J. 1
First read in House and referred to House Judiciary H.J. 36
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Do Pass
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass