South Dakota law already prohibits harming service animals, but this bill clarifies what counts as a service animal by defining it as a dog trained to perform work or tasks related to a person's disability—excluding dogs whose only purpose is to provide emotional support or comfort. The law remains a Class 1 misdemeanor to injure or interfere with such an animal, but now explicitly lists behaviors like enticing, distracting, or intimidating the animal as violations.
The amendment significantly weakens the bill's protection for service animals by removing the requirement that the animal be "controlled by the person" and "wearing a harness or other control device," while also reducing the penalty from a Class 2 misdemeanor to a Class 1 misdemeanor. This narrower protection no longer ensures service animals are actively being used under handler control when the law applies.
Signed by the Governor S.J. 488
Delivered to the Governor S.J. 455
Signed by the Speaker H.J. 493
Signed by the President S.J. 434
House of Representatives Do Pass Passed, YEAS 66, NAYS 0. H.J. 457
Judiciary Certified uncontested, placed on consent H.J. 29
Judiciary Do Pass Passed, YEAS 12, NAYS 0. H.J. 29
Judiciary Scheduled for hearing
House of Representatives Referred to House Judiciary H.J. 194
First Reading House H.J. 182
Senate Do Pass Passed, YEAS 34, NAYS 0. S.J. 131
Judiciary Certified uncontested, placed on consent S.J. 7
Judiciary Do Pass Passed, YEAS 7, NAYS 0. S.J. 7
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 34
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Do Pass
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass