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revise the definition of an abused or neglected child.
HB1097 adds a new category to South Dakota's definition of an abused or neglected child to include children exposed to drugs or alcohol before birth. This expands the state's child protection laws to address prenatal substance exposure as a form of child neglect that authorities can investigate and act upon.
provide staffing ratios for day care providers.
HB1161 establishes new staffing requirements for South Dakota day care providers by setting specific adult-to-child ratios based on children's ages, ranging from one adult per five infants under 18 months to one adult per fifteen children age six and older. For mixed-age groups, day care centers must follow the ratio for whichever age group makes up the majority, except when children under three are present—then they must maintain the stricter ratio for younger children.
identify child placement preferences.
This bill updates South Dakota's adoption law to establish a clear order of placement preferences for children in foster care and adoption cases. Courts and the Department of Social Services must now prioritize placing children with relatives first, then with adoptive families who can maintain the child's connection to their community (including religious or cultural communities), and for Native American children, must prioritize placement with members of their Indian tribe. These new preferences ensure that children's existing family ties and cultural identities are considered alongside other factors when deciding where they should be placed.
establish the task force to address the welfare of Indian children in South Dakota.
South Dakota creates a new Indian Child Welfare Task Force made up of representatives from state government, tribal governments, and the legislature to examine issues affecting Indian children in the state. The task force must meet at least eight times before dissolving on March 31, 2024, and will include two social services officials, one representative from each of the nine South Dakota tribes, two state court judges, and four state legislators.
provide liability for the publishing or distributing of material harmful to minors on the internet and the wrongful retention of individually identifiable information.
SB 192 creates new liability rules for internet companies and websites that publish or distribute material harmful to minors without using age verification methods to block access. The bill also holds these commercial entities responsible for wrongfully keeping minors' personal information. This adds new legal consequences in South Dakota for online platforms that fail to prevent minors from accessing adult content or that improperly retain children's data.
to classify 911 telecommunicators as Class B members of the South Dakota Retirement System.
HB 1119 moves 911 emergency telecommunicators into the Class B membership category of the South Dakota Retirement System, which typically provides different retirement benefits and contribution requirements than their current classification. This change affects how these emergency dispatchers contribute to and receive retirement benefits from the state pension system.
make an appropriation of American Rescue Plan Act monies for preconstruction activities of regional water system projects and to declare an emergency.
SB 184 directs federal American Rescue Plan Act money to pay for preliminary planning and design work on regional water system projects across South Dakota. The bill declares an emergency to allow this funding to be used immediately rather than following the standard appropriations process.
modify discharge notice procedures applicable to developmentally disabled persons.
This bill requires facilities to give parents or guardians 10 days' notice before discharging a developmentally disabled person who was voluntarily admitted as a minor, and to inform them about available support services in the community. The change ensures families have adequate time to plan for the person's transition and understand what help is available outside the facility.
Celebrating the sister-state relationship with Taiwan.
South Dakota's House recognizes Taiwan as a sister state and celebrates the relationship between the two regions. This resolution is ceremonial and does not create new laws or change existing state regulations—it simply expresses the legislature's support for strengthening ties with Taiwan.
make an appropriation for design costs related to the health services center at Black Hills State University–Rapid City, and to declare an emergency.
SB 172 provides state funding to cover the design and planning costs for a new health services center at Black Hills State University's Rapid City campus. The bill declares this an emergency measure, allowing the funds to be spent immediately rather than waiting for the normal budget cycle.
expand provisions regarding the protection of minors from certain exhibitions.
HB1125 expands South Dakota's obscenity laws to include "drag performances" as material that can be deemed harmful to minors, defining drag performance as singing, dancing, or other entertainment where a performer exhibits a gender identity different from their biological sex through clothing, makeup, or similar means in a lewd and lascivious manner. The bill adds drag performances to the existing legal standard used to determine what material is off-limits to children, meaning performances meeting that definition could now be restricted from minors under state law.
codify the fundamental right of a parent.
South Dakota would establish in state law that parents have a "fundamental right" to raise, educate, and make decisions about their children's care and custody. Under this new rule, state agencies and local governments cannot restrict these parental rights unless they can prove they have a compelling reason to do so and use the least restrictive way possible to achieve that goal. This codifies a legal principle that courts have recognized, giving it explicit statutory protection.
revise certain provisions related to the sealing of adoption records.
HB1231 makes adoption records slightly more accessible by allowing adoptees to request and receive copies of court adoption files once they turn 18, rather than waiting until they reach full maturity. The bill clarifies that the Department of Social Services and licensed adoption agencies must be notified when someone petitions the court to access sealed adoption records, but they cannot argue for or against such requests during the hearing.
expand initial training given to law enforcement officers to include Indian law, racial bias, and implicit bias.
SB165 expands the training requirements for new law enforcement officers in South Dakota to include instruction on Indian law, racial bias, and implicit bias. This change modifies the existing law on police officer training to ensure officers receive education on these important topics as part of their initial certification.
authorize community response teams to recommend alternative community-based resources for children alleged to be delinquent and children alleged to be in need of supervision prior to adjudication.
Community response teams in South Dakota can now recommend alternatives to the juvenile court system for children accused of delinquency or status offenses before a judge makes a final decision. The bill changes the definition of these teams' role to focus on children who are "alleged to be" delinquent rather than those already determined to be delinquent, allowing interventions to happen earlier in the process.
revise provisions related to parental support for expenses related to pregnancy and childbirth.
SB 75 clarifies that both parents of a child born outside of marriage are legally responsible for paying pregnancy and childbirth-related medical expenses, including prenatal care, labor and delivery, and postpartum recovery costs. The bill also specifies that courts can award money judgments for these pregnancy expenses as part of paternity cases and child support proceedings.
lower the state sales tax rate and the state use tax rate on food to zero percent, and to repeal a conditional reduction of certain gross receipts tax rates.
HB 1094 eliminates South Dakota's sales tax and use tax on food purchases by lowering both rates to zero percent, making groceries and other food items tax-free for consumers. The bill also repeals a previous law that had conditionally reduced certain business gross receipts tax rates.
require financial institutions to report exploitation of an elder or an adult with a disability.
Banks and credit unions that file federal reports about suspicious activity involving elder or disabled adult exploitation must now also notify South Dakota's attorney general about these concerns. The law protects financial institutions from lawsuits or criminal charges for making these required reports in good faith.
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.