Search Bills

clarify references to the court in a condemnation action.

This bill clarifies the language in South Dakota's condemnation law (used when the government takes private property) to specify that a plaintiff's settlement offer must be filed with "the court having jurisdiction over the action" rather than using an unclear reference. The change makes the rule clearer but does not alter when property owners can recover attorney fees and expert witness costs if they win a judgment at least 20 percent higher than the government's offer.

revise provisions related to courtroom modifications for child witnesses.

This bill clarifies rules for child witnesses testifying in court by requiring the public to be excluded from the room where the child testifies, while allowing the court to decide which specific people (like a supportive adult) can be present. It also allows a judge to exclude a defendant from the room if the judge finds the defendant's presence would cause the child substantial emotional distress that would harm their ability to testify, but requires the defendant to still see and hear the testimony through closed-circuit television so they can observe the witness.

require an official declaration of war or other Congressional action before the South Dakota National Guard may be deployed outside of the state.

HB1130 requires that the South Dakota National Guard can only be deployed outside the state if Congress has declared war or taken other official Congressional action to authorize the deployment. This change limits the governor's ability to send National Guard troops outside South Dakota without Congressional approval, shifting deployment authority away from state leadership to the federal government.

revise certain provisions related to marriage certificates and divorce.

South Dakota couples applying for a marriage license must now select which grounds for divorce and separation they agree to in advance, with unchecked grounds considered waived for any future divorce proceedings. All couples married before this law takes effect can request an amended marriage license to make these same selections, and the county register of deeds will file and keep the checklist with the marriage certificate. Couples must also receive a copy of the state's divorce laws when they apply for their license.

Recognizing Shirley Swanson for her remarkable career in teaching.

This resolution thanks and honors Shirley Swanson for her long career as a teacher in South Dakota. The resolution doesn't change any state laws—it's simply a formal expression of appreciation from the House of Representatives.

Celebrating and honoring Tabor's Czech Days annual festivities on the occasion of its seventy-fourth anniversary.

This resolution celebrates and honors the 74th anniversary of Tabor's Czech Days annual festival. The bill makes no changes to state law—it is a ceremonial measure expressing the South Dakota Senate's recognition of this community tradition.

provide free tuition at Board of Technical Education institutions for children or spouses of members of the South Dakota National Guard disabled or deceased in the line of duty.

HB 1046 makes tuition free at South Dakota's technical education institutions for children and spouses of National Guard members who were disabled or killed while serving in the line of duty. This new benefit recognizes the sacrifice of injured or fallen service members by removing financial barriers for their families to attend technical schools in the state.

update a reference to the Internal Revenue Code for purposes of higher education savings plans.

HB1004 updates South Dakota's higher education savings plan rules to reference a current version of the federal Internal Revenue Code, ensuring the state plan stays aligned with current federal tax law. This is a technical update that allows South Dakota residents to take advantage of any new savings opportunities or tax benefits that the federal government has added to these plans. The change ensures South Dakota's plan rules don't become outdated as federal tax law evolves.

make an appropriation to the Department of Revenue for the modernization of the motor vehicle administration system, and to declare an emergency.

HB 1035 provides funding to the Department of Revenue to update and modernize its motor vehicle administration computer system. The bill declares an emergency, meaning the funding takes effect immediately rather than waiting for the normal July 1st start date for appropriations.

reduce the time in which certain civil actions may be commenced.

HB1040 shortens the time limit for filing three types of civil lawsuits in South Dakota from three years to one year after the event that caused the damage or injury. The affected lawsuits are those against sheriffs, coroners, or constables for actions taken in their official duties; lawsuits seeking penalties under state law; and personal injury lawsuits.

repeal provisions regarding criminal jury trials effective upon the adoption of Supreme Court rules.

HB1061 repeals state laws that currently set out specific rules for how criminal jury trials must be conducted in South Dakota. Once the state Supreme Court adopts new rules to replace these provisions, the old legal requirements will no longer apply, allowing the courts to follow the Supreme Court's updated procedures instead.

revise provisions related to juror compensation.

South Dakota jurors will receive higher daily compensation for their service, increasing from $50 to $80 per day for the first five days and maintaining $120 per day for subsequent days. Additionally, jurors who are called but not selected for a trial will receive a higher appearance fee of $50 instead of $10, along with mileage reimbursement.

create a pilot program in the Unified Judicial System for risk and lethality assessments for certain persons accused of assault or protection order violations.

South Dakota courts will run a pilot program allowing judges to review safety assessments prepared by law enforcement when deciding whether to set bail or release conditions for people accused of domestic violence assault or violating protection orders. These assessments will help judges determine what conditions are needed to protect alleged victims. The program runs through the end of 2024, after which the state judiciary must report to lawmakers on whether it should continue.

provide certain definitions related to the crime of rape.

Senate Bill 90 adds legal definitions for key terms used in South Dakota's rape laws: "consent" (a person's positive, freely-given cooperation), "force" (physical effort to overcome or restrain someone), "mental incapacity" (a mental condition preventing someone from understanding their actions), and "physical incapacity" (unconsciousness, sleep, or other physical conditions preventing consent or resistance). These definitions clarify what prosecutors and courts must prove when charging and prosecuting rape cases in the state.

revise certain provisions regarding the county zoning and appeals process.

This bill clarifies how South Dakota counties handle zoning decisions by requiring that conditional use approvals be based on stated criteria and comprehensive plans, and that special permitted uses must be approved automatically if an applicant meets all specified requirements. The bill also extends the time period during which zoning approvals remain valid from two years to an unspecified longer period following completion of any appeals.

clarify the convening of recount boards for primary elections.

This bill clarifies when recount boards must meet after someone requests a recount in a primary election. Instead of requiring the board to always convene on the second Monday after filing (or the next day if that's a holiday), the bill allows the judge overseeing the recount to pick an alternative date if needed to avoid conflicts with the election process and ensure witnesses can attend.

revise exceptions to the imposition of a Class 2 misdemeanor when no other penalty is provided by statute.

This bill narrows the default penalty for violating state laws that don't specify their own punishment. Currently, violations of most South Dakota statutes without an explicit penalty are automatically Class 2 misdemeanors; this bill carves out additional legal codes (Titles 1-11, 13-20, 22, and 25-62) from that default rule, meaning violations in those areas will no longer automatically become Class 2 misdemeanors unless the statute itself says otherwise. The change essentially gives legislators in those specific legal areas more flexibility to define their own penalties rather than defaulting to a 30-day jail sentence or $500 fine.

amend provisions regarding trusts.

SB 95 makes two changes to South Dakota trust law: it updates the rules for how courts must notify people involved in trust cases by changing the electronic notification standard, and it creates a new provision allowing trust enforcers to appoint a co-enforcer to help them manage the trust (though the co-enforcer's role ends when the original enforcer leaves unless the trust document says otherwise). These changes give enforcers more flexibility in managing trusts while clarifying the procedures for legal notifications.

provide for the organization of townships or fractions of townships.

HB 1147 makes it mandatory for county commissioners to hold a public hearing whenever someone proposes to reorganize, divide, or merge townships—currently the law only says they "may" hold such a hearing. The bill also clarifies that voters, township boards, or county commissioners themselves can trigger this process, and requires at least 20 days' notice in local newspapers before any hearing takes place.