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revise provisions related to courtroom modifications for child witnesses.
This bill expands which children can testify in separate rooms via closed-circuit television by raising the age limit from under 12 to under 18 for all eligible cases. It also clarifies that the public must be excluded from the room where the child testifies and gives the court discretion to decide which specific people can be present. These changes make it easier for vulnerable young witnesses to testify while reducing their emotional distress and protecting their privacy.
expand the eligibility for a small estate probate.
This bill increases the dollar limit for small estate probate from $50,000 to $100,000, making it easier for families to transfer a deceased person's property without going through formal probate court proceedings. Someone can now use a simple affidavit to collect money or property owed to an estate as long as the total estate value (minus debts) doesn't exceed $100,000 instead of the previous $50,000 cap.
revise a provision related to the review of the master jury list.
This bill clarifies that a person is considered to have served as a juror if they were summoned and appeared for trial, rather than only if they actually participated in a verdict. The change ensures that people who have recently served on juries—even if they didn't complete a full trial—are removed from the jury pool for two years before becoming eligible again.
allow succession to real property by an affidavit.
Starting 60 days after someone's death, their heirs can transfer real property worth $50,000 or less by filing a simple affidavit with the county register of deeds, instead of going through formal probate court proceedings. The affidavit must be signed by all heirs and include a copy of the death certificate, and it counts as proof of the facts stated in it. This creates a faster, cheaper way for families to settle small estates without needing a lawyer or court involvement.
exempt the provision of electricity through electric vehicle charging stations from the definition of electric utility.
SB 80 removes electric vehicle charging stations from the definition of "electric utility" under South Dakota law, meaning companies that operate EV charging stations won't be regulated as traditional electric utilities. This change allows EV charging infrastructure to operate with fewer regulatory requirements, potentially making it easier and cheaper for businesses and property owners to install charging stations.
establish a process for requesting records prepared or maintained by court services officers.
South Dakota court services officer records are currently confidential, but this bill creates a formal process for people to request access to those records during court cases. Anyone seeking these records must file a motion explaining why they need the information, how it relates to their case, and why they can't get it another way—and the court will hold a hearing before deciding whether to grant access. This gives people a clear legal pathway to challenge the confidentiality rather than leaving access entirely up to the court's discretion.
revise provisions related to a name change for certain crime victims.
This bill expands who can get a quick court-approved name change without a public hearing by adding human trafficking victims to the list (which previously only included domestic abuse victims with protection orders). The bill also relaxes the residency requirement from "at least six months in the county" to simply "a resident of this state," making it easier for victims to file petitions regardless of where they live.
revise provisions regarding court transcript costs.
South Dakota courts currently charge $3 per page for original transcripts and 40 cents per page for copies, but this bill allows the state Supreme Court to adopt new pricing rates for both original and copy transcripts, effective January 1, 2023. The bill gives the Supreme Court authority to set transcript fees rather than keeping them fixed in state law. Indigent defendants and their lawyers can still request free transcripts paid by the county if the court approves.
establish criteria for temporary custody and visitation orders.
This bill changes how South Dakota courts make temporary custody decisions by requiring judges to presume that joint physical custody (equal parenting time) is in the child's best interest unless evidence shows otherwise. When a custody arrangement results in unequal parenting time, courts must now create a schedule that maximizes time with each parent based on their demonstrated involvement in the child's life. The bill also requires courts to issue written findings of fact and conclusions of law with their temporary custody orders.
to establish the transfer of a boat upon death.
South Dakota boat owners can now name a beneficiary on their boat's title who will automatically receive ownership when the owner dies, without going through probate. The owner can change the beneficiary at any time by getting a new certificate of title, and the beneficiary has no rights to the boat until after the owner's death. This new process works similarly to transfer-on-death designations already available for other types of property.
Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, providing for wagering on sporting events via mobile or electronic platform.
This is a proposal to ask South Dakota voters to amend the state constitution to allow sports betting through mobile phones and online platforms. If approved by voters, it would legalize a new form of gambling that currently isn't permitted under state law.
revise provisions related to the video recording of certain victim testimony at a preliminary hearing or deposition.
HB 1100 expands who can request video recordings of child victim testimony at preliminary hearings or depositions—allowing either the prosecutor or defense attorney to make the request, rather than only the prosecutor. The bill also broadens the types of crimes covered to include sexual abuse of minors under age 18 (not just those under 16), and clarifies that victims of child abuse under a specific statute can also have their testimony video recorded.
revise provisions related to the location of courtroom facilities.
County commissioners can now provide courtroom facilities for circuit judges at locations other than the county seat, as long as the judge lives in that county. This allows courts to operate in places where judges reside rather than requiring all proceedings to happen at the traditional county seat location.
revise provisions related to counseling for domestic abuse defendants.
South Dakota courts will now require defendants convicted of domestic abuse crimes to complete counseling that covers specific topics—power and control, accountability, emotional regulation, and correcting thinking errors—rather than generic "family violence" counseling. The law allows individual counseling to satisfy this requirement and lets courts recommend group counseling when available. This change ensures domestic abuse defendants receive more targeted, structured counseling focused on the root causes of abusive behavior.
revise certain provisions relating to child support.
This bill updates South Dakota's child support calculation rules by clarifying that parents are presumed capable of working at least 1,820 hours per year (even if incarcerated) and must pay child support based on that minimum, unless they can prove a physical or mental disability prevents it. The bill also makes technical changes to how income deductions are calculated for child support purposes, including adjustments to tax withholding assumptions and retirement plan contribution limits.
Recognizing Norma Rendon, Waciampi Win, for her life of honor, service, and leadership.
This bill is a ceremonial resolution honoring Norma Rendon, Waciampi Win, for her life of service and leadership—it does not create or change any substantive state laws. The technical amendments to state law sections appear to be administrative updates necessary to process this recognition resolution.
establish liability and the burden of proof for spoliation of evidence in statute.
This bill creates a new rule making parties liable for damages if they destroy or lose evidence after learning about a potential lawsuit against them. Once someone destroys evidence after receiving notice of a claim, the burden shifts to them to prove they destroyed it in good faith rather than to hide wrongdoing—flipping the normal legal requirement that someone proving wrongdoing must show the other party acted intentionally.
establish mandatory sentences for certain driving while under the influence violations.
This bill requires mandatory minimum sentences for people convicted of a fourth driving under the influence offense within ten years. Judges must impose a Class 5 felony conviction and revoke the driver's license for at least two years, and if someone drives without a license during that period, they must serve at least twenty days in jail with no option to suspend the sentence.
revise provisions related to name changes when obtaining a marriage license.
When getting married in South Dakota, couples can use their marriage license to legally change their surname, but this bill clarifies the limits on what name changes are allowed—couples can only adopt their spouse's last name, hyphenate both last names, or make other limited changes, but cannot change their first or middle names (except moving a middle name to become part of their new surname). The bill updates the language in the law to make these restrictions clearer and more consistent throughout the statute.
clarify the means of voluntarily terminating a relationship between a birth mother and a child.
This bill clarifies that a birth mother can only voluntarily end her legal relationship with a child through the adoption and termination of parental rights processes outlined in South Dakota law (chapters 25-5A and 25-6). By establishing these as the exclusive legal means, the bill prevents any other methods or informal arrangements from being recognized as valid terminations of that relationship.
provide for the remote witnessing of certain legal instruments.
South Dakota will now allow certain legal documents—including wills, powers of attorney, and cremation authorizations—to be witnessed remotely using video technology instead of requiring witnesses to be physically present. The witnesses and the person signing the document must all be able to see and hear each other in real-time through the video call, and the law includes accommodations for people with vision, hearing, or speech impairments. This change makes it easier for people to execute these important legal documents without gathering in person.
clarify cross-references regarding powers of attorney.
SB 79 clarifies the legal citations in South Dakota's power of attorney law to ensure they correctly point to the right sections of state statute. The bill updates cross-references that define when someone is considered "incapacitated" for purposes of activating a power of attorney, making sure doctors, lawyers, judges, and officials use the correct legal definitions.
Honoring the Mount Rushmore Rug Hookers' Social Club, a member of the national organization, Association of Traditional Hooking Artists.
This is a resolution that honors the Mount Rushmore Rug Hookers' Social Club, a local chapter of the national Association of Traditional Hooking Artists. The resolution does not change any state law—it is simply a formal recognition by the South Dakota Senate of this community organization.
to establish the transfer of a motor vehicle upon death.
This bill allows South Dakota vehicle owners to name a beneficiary on their vehicle's title who automatically receives the vehicle when the owner dies, bypassing the usual probate process. The owner can change or remove the beneficiary at any time by applying for a new title, and the beneficiary has no rights to the vehicle until after the owner's death. This creates a simpler way to transfer vehicles to heirs without going through estate proceedings.