Search Bills

reduce the exempt commercial policyholder aggregate premium requirement.

This bill lowers the insurance premium requirement for businesses to qualify as "exempt commercial policyholders" in South Dakota, reducing the threshold from $150,000 to a lower amount (the specific new amount is not shown in this excerpt). Exempt commercial policyholders can buy insurance more flexibly without some standard regulatory protections, so this change makes it easier for smaller businesses to access this category.

authorize the formation of corporations and limited liability companies by physical therapists, occupational therapists, and speech-language pathologists.

# HB1229 Summary Physical therapists, occupational therapists, and speech-language pathologists can now form corporations and limited liability companies to operate their practices, whereas state law previously restricted how these professionals could organize their businesses. This change allows these healthcare providers the same business structure flexibility that other professionals and business owners already have in South Dakota.

exempt motor vehicle service contracts from the insurance code.

Motor vehicle service contracts—agreements that cover repairs or maintenance on cars—will no longer be regulated as insurance under South Dakota law. This exemption means companies selling these contracts won't need insurance licenses or follow the same rules as traditional insurance companies. The change removes motor vehicle service contracts from the definition of "insurance" in the state's insurance code.

allow for unlicensed businesses to store alcoholic beverages.

This bill allows businesses that don't have an alcoholic beverage license to store sealed, unopened bottles of alcohol for customers and charge them storage fees. Previously, state law restricted this type of storage service to licensed alcohol sellers. The change lets unlicensed establishments—like wine shops or other retailers—offer wine or liquor storage as a service without needing a full alcohol sales license.

make an appropriation to the Board of Technical Education to support the purchase of simulation equipment for a health sciences clinical simulation center on the campus of Southeast Technical College and to declare an emergency.

SB 61 provides state funding to the Board of Technical Education to buy simulation equipment for a health sciences clinical simulation center at Southeast Technical College. The bill declares this funding an emergency matter, allowing it to take effect immediately rather than waiting for the standard effective date.

grant immunity from certain liabilities for camping activities.

This bill protects private campground owners from being sued for injuries that result from natural camping hazards—such as uneven terrain, wildlife, weather, campfires, natural water features, and injuries caused by other campers' negligence. The law specifically lists what counts as "inherent risks of camping" that campground owners are not responsible for, though they remain liable if they themselves or their employees are negligent or if they accept responsibility for an animal that causes injury.

provide for the direct sale of certain home-produced or home-processed foods and food products.

South Dakota residents can now sell certain home-produced foods—like non-temperature-controlled baked goods, home-canned goods, and other products meeting safety standards—directly to consumers at farmer's markets and roadside stands without a commercial food license. Sellers must register annually with the state health department for a $15 fee and follow specific safety requirements, such as pH levels for canned goods.

revise provisions regarding agritourism liability.

This bill expands South Dakota's agritourism liability protections by clarifying what counts as an "agritourism activity" and what risks farmers and ranchers are not liable for when visitors get hurt. The law now specifies that activities where participants are paid to participate don't qualify for these protections, and it broadens the definition of "inherent risks" to include visitor negligence—meaning farm owners aren't responsible if someone is injured due to their own careless behavior while engaging in agritourism activities.

prohibit vehicle dealers from purchasing vehicles at public auctions.

This bill prohibits licensed vehicle dealers from buying cars at state-run public auctions. The restriction applies to both new and used vehicles being sold through these auctions.

revise provisions regarding livestock identification.

This bill clarifies that livestock owners can choose from multiple identification methods (including federal standards and others approved by the state) rather than being required to use electronic tags. It also prohibits South Dakota from spending money to enforce mandatory electronic identification for livestock, while still allowing identification programs for animal health and food safety purposes.

establish provisions regarding ejection of persons from certain lodging establishments and recreational vehicle facilities.

This bill creates a legal list of 10 reasons why hotels, campgrounds, and RV parks can eject guests without refunding their payment, including nonpayment, disorderly conduct, unlawful activity, bringing explosives onto the premises, exceeding occupancy limits, and violating posted house rules. The law clarifies that establishments can remove guests for these specific reasons, though they cannot use ejection policies to violate South Dakota's anti-discrimination laws.

prohibit certain activities related to a person's COVID-19 vaccination status and provide a penalty therefor.

South Dakota prohibits the state, local governments, and private employers from issuing vaccine passports, sharing COVID-19 vaccination records, or requiring proof of COVID-19 vaccination for employment, entry to businesses, or participation in events. Violations result in a Class 1 misdemeanor and a $10,000 civil fine per violation. The law does not prevent COVID-19 screening protocols designed to protect public health.

prohibit discriminatory actions against persons engaged with the firearm industry.

# SB 182 Summary SB 182 prohibits South Dakota from taking discriminatory action against individuals or businesses involved in the firearm industry, including manufacturers, dealers, and other firearm-related enterprises. The law prevents the state from denying contracts, licenses, or other benefits to firearm industry participants based on their involvement in that lawful business.

consolidate certain domestication provisions in the Uniform Limited Liability Company Act.

This bill removes detailed rules about how limited liability companies can change their legal home from one state to another (a process called "domestication"). South Dakota is simplifying its LLC law by deleting the specific requirements for domestication plans and procedures, likely consolidating these provisions into other sections of the Uniform Limited Liability Company Act.

revise a provision regarding when a license is not required of a person installing electric wiring.

This bill expands the types of property where homeowners can install electrical wiring without a license—now including single-family homes they own and are building to live in, plus non-habitable structures like sheds or garages they own that aren't used for business. The bill keeps all the existing rules about licensing requirements, inspection fees, and penalties the same, but clarifies that the license exemption applies more broadly to different kinds of property a person owns.

revise requirements for involvement in the medical cannabis program.

HB1098 streamlines the medical cannabis program by requiring the state to register new medical cannabis businesses within 90 days of receiving a complete application, rather than using a longer approval process. The bill clarifies specific application requirements that businesses must meet, including submitting proper identification of owners, operating procedures, proof of compliance with local zoning rules, and demonstrating the facility is at least 1,000 feet away from schools.

revise a certain provision regarding standard nonforfeiture amounts for individual deferred annuities.

HB 1117 updates South Dakota's insurance rules for deferred annuities by modifying how insurance companies calculate the minimum guaranteed value customers can withdraw from their annuity contracts. The bill adds premium taxes paid by insurance companies as a factor that can be deducted when calculating these minimum values, along with the existing deductions for contract charges, withdrawals, and company debts. This change allows insurers to account for state taxes they've paid when determining what cash surrender benefits they must guarantee to customers.

revise the requirement for approval from certain private campground owners for the construction or expansion of municipal campground and municipal tourist facilities.

South Dakota municipalities can now build or expand public campgrounds and tourist facilities near existing private campgrounds if they get written approval from at least two-thirds of the private campground owners in the area, rather than needing approval from all owners. This change makes it easier for cities and towns to develop public camping facilities by lowering the approval threshold from unanimous to a supermajority vote among nearby private campground operators.

prohibit insurance policies from restricting the method of payment for dental care.

Dental insurance policies in South Dakota are now banned from requiring patients to pay for dental care using a credit card. This new rule gives patients the freedom to choose their own payment method—such as cash, check, or other options—rather than being forced into credit card payments by their insurance policy.

repeal the bingo distributor license and bingo manufacturer license and to repeal the bingo tax.

SB37 eliminates South Dakota's licensing requirements for businesses that distribute or manufacture bingo equipment and supplies. The bill also repeals the state tax that was previously collected on bingo operations. These changes remove the state's regulatory oversight and tax collection system for the bingo industry.

Honoring Prairie Paradise Farms as the 2021 Leopold Conservation Award recipient.

This bill honors Prairie Paradise Farms by recognizing it as the recipient of South Dakota's 2021 Leopold Conservation Award. The bill does not change any state law; it is a ceremonial resolution that celebrates the farm's conservation achievements.

To encourage the executive branch of this state to examine mitigation efforts to curtail the spread of aquatic invasive species.

SCR 602 is a legislative request asking the governor's administration to study and develop strategies to prevent aquatic invasive species from spreading in South Dakota waters. The bill amends state law related to aquatic invasive species management but does not create new enforcement rules or requirements—it simply encourages the executive branch to examine what mitigation efforts could be most effective.

revise renewal and licensing requirements for plumbers.

HB1043 establishes specific annual expiration dates for plumber and plumbing contractor licenses, with licenses expiring on December 31st each year and renewals due by January 31st. The bill also sets maximum fee limits, capping exam and reexam fees at $100 and license renewal fees at $300. These changes standardize and clarify the licensing renewal process for plumbing professionals in South Dakota.

adopt the 2021 edition of the Uniform Plumbing Code, and allow for selective adoption of provisions within the Uniform Plumbing Code by municipalities.

South Dakota would adopt the 2021 edition of the Uniform Plumbing Code, which sets standards for how plumbing systems must be installed and maintained. The bill also allows individual cities and towns to pick and choose which specific provisions of the code they want to follow, rather than requiring them to adopt all of it. This gives municipalities more flexibility in applying plumbing standards to their local needs.

modify the licensing of barbers.

HB 1169 allows the Board of Barber Examiners to set fees for barber licenses, registrations, renewals, barber school operations, and barbershop operations through their rule-making authority, rather than having these fees fixed in state law. The bill also clarifies that people who pass the barber exam and are at least 18 years old are entitled to receive a license or certificate of registration.

revise requirements for sales of catalytic converters to scrap metal businesses.

HB 1174 requires scrap metal businesses to keep detailed records of catalytic converter sales and establishes penalties for failing to do so, treating catalytic converters as "nonferrous metal property" subject to the same recordkeeping rules as other valuable metals like copper and aluminum. The bill clarifies that these recordkeeping requirements apply to individual sellers but not to businesses with established accounts at scrap metal facilities. This is intended to help law enforcement track catalytic converter thefts, which have become a common crime.

limit liability for certain child welfare agency licensees.

This bill caps the amount of money that licensed child welfare agencies and their employees can be sued for at $1 million per lawsuit for injuries or property damage caused by their actions or inactions. If a court strikes down the $1 million limit as unconstitutional, the cap would instead apply only to non-economic damages like pain and suffering, rather than medical bills and other financial losses.

clarify the description of common carrier pipelines.

This bill clarifies which pipelines are classified as common carriers in South Dakota by specifying that pipelines transporting "any raw material intended for commerce" are included, alongside agricultural products, petroleum products, and other tangible goods. The change makes the definition broader and clearer so that pipelines serving the general public for hire fall under common carrier regulations in Chapter 49-41B, rather than other pipeline regulations in Title 49.

modify certain provisions regarding municipal campgrounds.

This bill modifies rules about when municipalities can build or expand public campgrounds. Under the new law, cities can now proceed with campground projects near existing private campgrounds if they get written approval from the private campground owner, whereas previously they could only build if no private campground existed within 15 miles. The bill also exempts municipalities that lease state campgrounds (existing before 2017) or have continuously operated municipal campgrounds since 1980 from needing private owner approval.

Honoring the city of Tabor, South Dakota on its one hundred fiftieth anniversary.

This bill honors the city of Tabor, South Dakota on its 150th anniversary by making minor updates to state law sections related to municipalities and governance. The changes modify existing provisions in state law while repealing one section, though the bill itself is primarily ceremonial in nature rather than substantive.

establish provisions concerning the sale of adult-use retail marijuana.

HB1178 establishes rules for selling marijuana to adults in South Dakota, creating a legal framework for retail marijuana sales where they were previously prohibited or unregulated. The bill sets criteria that marijuana retailers must follow to operate legally in the state. This represents a significant change from South Dakota's prior law, which banned marijuana sales entirely.

update provisions regarding self-service storage.

This bill updates South Dakota's self-service storage laws by expanding the definition of "owner" to include anyone who owns, leases, manages, or operates a storage facility (not just the property owner), and clarifies that "occupant" includes sublessees and assignees, not just the original renter. The bill also adds a new definition for "property that has no commercial value" to describe items that don't receive any bids or offers during a sale. These changes modernize the law to better reflect how storage facilities are actually operated and managed today.

revise the definition of cremation.

This bill updates South Dakota's cremation definition to include alkaline hydrolysis as an approved cremation method, alongside the traditional heat-based process. Alkaline hydrolysis is a water-based alternative that breaks down human remains into bone fragments through chemical reaction rather than fire, giving families another cremation option.

Commending Grady Kane for his outstanding accomplishments in the sport of archery.

This is a commendation bill honoring Grady Kane for his archery accomplishments—it does not make substantive changes to state law. The technical amendments to sections governing motorized scooters and transportation recordkeeping appear to be procedural corrections made during the legislative process rather than policy changes related to the bill's main purpose.

authorize sports wagering within a licensed affiliate business.

This bill allows sports wagering to take place at licensed affiliate businesses in South Dakota, expanding where people can place bets beyond the current gaming establishments in Deadwood. The bill modifies the state's gaming law to define and permit advance deposit sports wagering—where customers can open accounts and use those funds to bet on sporting events—at these new affiliate business locations.

revise the motor vehicle excise tax on vehicles leased for more than twenty-eight days to include certain off-road vehicles.

HB1082 expands South Dakota's motor vehicle excise tax to include certain off-road vehicles when they are leased for more than twenty-eight days. Previously, this tax applied only to standard motor vehicles under the same lease duration threshold, so this change broadens which types of vehicles are subject to the tax.

provide for the regulation of motorized foot scooters and to declare an emergency.

This bill allows South Dakota cities and towns to create their own local rules that permit motorized foot scooters on streets, bike paths, and multi-use paths within their boundaries. The bill also updates the definition of what counts as a "motorized foot scooter" to clarify it has wheels no larger than twelve inches and a maximum speed of fifteen miles per hour, while excluding electric bicycles from this definition.

provide for the use and regulated sale of marijuana.

SB 3 legalizes the use and regulated sale of marijuana in South Dakota by removing it from the state's list of controlled substances. The bill modifies existing drug laws to allow marijuana to be sold through a regulatory system, rather than treating it as an illegal drug. This represents a major shift in South Dakota's drug policy, moving from prohibition to legal regulation of marijuana.

revise certain provisions regarding money transmission.

SB47 reorganizes South Dakota's money transmission licensing rules by adding a new definition of "controlling person" and renumbering the existing definitions to eliminate gaps. The bill clarifies that someone controls a money transmission company if they own or can vote at least 25 percent of its shares, and it counts ownership stakes held by their spouse, parent, or child toward that threshold. These changes make the state's money transmission regulations clearer and more consistent.

authorize the Department of the Military to construct a cold storage building located in Rapid City, South Dakota, to make an appropriation therefor, and to declare an emergency.

The Department of the Military is authorized to build a cold storage facility in Rapid City and the state will provide funding for the project. The bill declares this an emergency matter, allowing it to take effect immediately rather than waiting for the standard effective date.

make an appropriation for the construction of a new state public health laboratory and the renovation of the existing laboratory and to declare an emergency.

SB58 appropriates state funding to build a new public health laboratory and renovate the existing one in South Dakota. The bill declares an emergency, which allows the funding to take effect immediately rather than waiting for the normal implementation timeline. This ensures the state can proceed quickly with these critical infrastructure improvements to its public health facilities.