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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.

provide for property owner inclusion in the pipeline siting application and condemnation process.

HB1188 requires pipeline companies seeking to use eminent domain to obtain written consent from property owners before conducting surveys or examinations on their land, and requires them to verify this consent when filing condemnation petitions. The bill also clarifies that pipeline projects needing state siting permits must follow these property owner consent requirements before proceeding with the legal process to take or damage private property.

amend provisions addressing guardianships and conservatorships.

HB 1240 strengthens protections for people facing guardianship or conservatorship by requiring detailed medical documentation when someone contests the petition—specifically, a psychiatrist's report that diagnoses their mental illness, assesses danger to self or others, discusses treatment options, and explains why they need custodial care. The bill also clarifies that courts must honor a person's choice of guardian or conservator if that person has the capacity to make a preference and the nominee is qualified and acting in their best interest.

Celebrating the South Dakota State University Jackrabbit football team winning the NCAA Division I Football Championship Subdivision National Championship.

This is a ceremonial resolution celebrating South Dakota State University's football team winning the NCAA Division I Football Championship Subdivision National Championship—it doesn't change any state law. The bill consists entirely of legislative procedure and administrative matters from the Senate's January 13, 2023 session, with no substantive legal changes included.

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.

require notice and compensation prior to entry upon private land for the purpose of causing an examination and survey.

Before someone with authority to take private property for public use (like a utility company) can enter your land to survey it, they must first file a siting permit application and give you 30 days' written notice that includes the expected entry date and contact information for who will enter. The bill also requires them to pay you an initial $500 compensation for entering your property and provide security to guarantee additional payments if needed.

include school employees in certain assault provisions and provide a penalty therefor.

SB 129 expands South Dakota's assault law to include school employees as protected individuals under certain assault provisions. This means school workers now receive the same legal protections against assault that other specified groups already have under state law. The bill increases penalties for assaulting school employees to match those protections.

clarify good cause for the purpose of continuing an involuntary commitment hearing.

This bill clarifies the rights that must be explained to someone taken into involuntary psychiatric custody, making it clearer that they have immediate rights to contact someone, get a lawyer, be examined by a mental health professional, and have a hearing within five to seven days. The bill also ensures they are informed that they may be responsible for costs related to their treatment, legal representation, and court proceedings. The changes primarily reword existing notification requirements to make them more straightforward for people to understand.

require a case management service provider to disclose communications to an employee.

This bill requires case management service providers handling workers' compensation cases to notify injured employees that they can attend conversations between the provider and the employee's medical provider, either in person or by phone/video. The provider must also give employees copies of any written communications about their eligibility for benefits and summaries of discussions with medical providers about their case.

provide oversight regarding the exercise of gubernatorial emergency powers.

This bill adds oversight requirements to the Governor's emergency powers by requiring the Legislature to review and potentially limit how long emergency declarations can last. The change ensures that while the Governor can still take swift action during disasters or emergencies, the Legislature has a mechanism to check that power rather than letting it continue indefinitely without legislative input.

enact the Uniform Electronic Recordation of Custodial Interrogations Act.

South Dakota would adopt the Uniform Electronic Recordation of Custodial Interrogations Act, which requires law enforcement agencies to electronically record (audio or video) police interrogations of suspects who are in custody at police stations, jails, or other detention facilities. The law defines key terms like "custodial interrogation" (questioning when a person wouldn't reasonably feel free to leave) and "law enforcement agency" to establish when and how these recordings must occur.

establish provisions relating to occupational licensing and criminal convictions.

South Dakota licensing boards can no longer automatically deny occupational licenses based solely on a criminal conviction or character concerns; instead, they must consider each case individually using only the standards set out in this law. The bill defines key terms like "occupational license" and "personal qualifications" to establish a consistent framework across all state licensing decisions involving criminal history.

honoring the 2021-2022 Outstanding School Administrators of South Dakota: Dr. Steve Willard, Belle Fourche School Superintendent; Julie Marshall, Timber Lake Middle School Principal; Trista Olney, Douglas School Business Official; Chantal Ligtenberg, Meade Elementary School Principal; Collin Knudson, Tea Secondary School Principal; Brad Hartzler, Harrisburg Assistant High School Principal; Dr. Michelle Vande Weerd, Brookings Curriculum Leader; and Marie Ivers, Milbank Director of Special Education.

This bill honors eight school administrators from across South Dakota who were recognized as outstanding in their roles during the 2021-2022 school year. The bill does not change any state law—it is a ceremonial resolution that formally recognizes these educators' contributions to their schools and districts.

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.

authorize division of property between parties when legal separation is granted.

When a court grants a legal separation in South Dakota, judges can now divide property between the two parties fairly, just as they can in divorce cases. The bill adds legal separation to the existing law that allowed property division only in divorces, giving judges the same authority to consider each person's circumstances and make equitable property settlements.

revise the interest rate on garnishments.

This bill caps the interest rate charged on garnishment judgments at South Dakota's Category A rate, which is lower than the Category B rate previously allowed. Garnishment is a legal process where money is taken directly from a debtor's wages or bank account to pay a debt, and this change means creditors will earn less interest on these types of judgments.

authorize informed consent to certain procedures and medication by a pregnant minor.

This bill allows pregnant minors to consent to pain-relief procedures or medications during labor and delivery without parental permission, but only if their doctor determines that a parent is unavailable, unable to consent due to mental or physical incapacity, or refusing consent for punitive reasons. The bill requires doctors to attempt getting parental consent first and to document their reasoning before accepting a minor's own consent. Emancipated minors are not affected by these restrictions.

require verification of landowner permission prior to certain pipeline permitting actions.

Before a pipeline company can ask the Public Utilities Commission for a permit to build a pipeline, it must now get written permission from at least 90 percent of landowners whose property would be affected by the pipeline easement. The commission cannot hold a hearing on the pipeline permit application until the company proves it has this landowner consent, and the company still cannot use eminent domain to take land until it receives final approval from the commission.

codify the fundamental right of a parent.

This bill adds a new law declaring that parents have a fundamental right to raise, educate, care for, and make decisions about their children. State and local government agencies can only limit this parental right if they can prove they have a compelling reason to do so and use the least restrictive way possible to achieve it.

Recognizing the life and accomplishments of Dr. Jack Billion.

This resolution honors Dr. Jack Billion by expressing the South Dakota House of Representatives' appreciation for his life and accomplishments. The measure does not change any state law but serves as a formal recognition of his contributions.

Encouraging the humane and fair treatment of the January 6 defendants.

This is a concurrent resolution expressing South Dakota's support for fair treatment of people charged in connection with the January 6, 2021 Capitol incident, citing concerns about jail conditions and legal proceedings. The resolution does not change any existing state law, but rather urges better treatment of these defendants and calls attention to their alleged complaints about conditions and handling of their cases. Concurrent resolutions are statements of principle that carry no legal force.

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.

address requirements for the execution of a living will.

SB 180 updates South Dakota's living will law to clarify that a document can be witnessed by two adults OR notarized by a notary public (instead of requiring both). The bill also refines language to ensure that living wills must clearly state a person's wishes about artificial nutrition and hydration, and if they don't, state law will determine how those decisions are handled.

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.

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.

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.

provide an increased appropriation for the construction costs of an athletics events center at Dakota State University, and to declare an emergency.

SB 93 increases state funding for construction of a new athletics events center at Dakota State University. The bill declares the funding increase an emergency measure, allowing it to take effect immediately rather than following the standard delayed implementation process.

Honoring the 2022-2023 Canton C-Hawk boys wrestling team for its outstanding accomplishments.

This is a ceremonial resolution honoring the Canton C-Hawk boys wrestling team for their outstanding accomplishments during the 2022-2023 season. The bill does not change any state law—it simply recognizes the team's achievements through a formal Senate resolution.

provide for a rebuttable presumption of intent to distribute methamphetamine when in possession of more than five grams.

This bill makes it illegal to possess more than five grams of methamphetamine and creates an automatic legal assumption that anyone caught with that amount intends to sell it (unless they can prove otherwise in court). The penalty increases from a Class 3 felony to a Class 2 felony if the person also has three or more items suggesting drug dealing, such as cash, weapons, drug packaging materials, or customer lists.

provide a conscience exemption from a COVID-19 vaccination.

This bill creates a new "conscience exemption" that allows any person to refuse COVID-19 vaccination based on their personal beliefs about right and wrong, and they can claim this exemption either orally or in writing. Employers and schools are prohibited from firing, demoting, or removing students from programs based on someone's decision to decline COVID-19 vaccination for conscience reasons, and must inform people of this exemption right before trying to mandate vaccination. Anyone who violates these protections can be sued for damages or stopped by a court order.

modify a court's authority to commit a habitual juvenile offender to the Department of Corrections.

SB 4 modifies the rules for when courts can send repeat juvenile offenders to the state Department of Corrections by requiring judges to choose the "least restrictive alternative" available while keeping the child's best interests in mind. The bill removes the previous authority that allowed courts to automatically commit habitual juvenile offenders to adult corrections facilities, instead requiring them to consider probation, community service, counseling, and other rehabilitation options first.

revise provisions related to the discharge of a defendant restored to competency.

When a defendant is found mentally competent to stand trial after treatment, the facility director must file a certificate with the court and discharge the defendant, who then becomes subject to outpatient supervision laws. The court must hold a hearing to confirm the competency finding, and if confirmed by a preponderance of the evidence, must immediately discharge the defendant from the facility and set a trial date. This bill clarifies the discharge process and ensures defendants have a court hearing to verify restored competency before trial proceeds.

revise provisions related to abandoned mobile or manufactured homes.

HB 1108 clarifies the process for property owners to sell or dispose of abandoned mobile or manufactured homes left on their land, requiring them to send certified written notice to the home owner and any lienholder after a court issues a writ of possession and the home isn't removed within 30 days. The bill also caps the unpaid lot rent that can be claimed against the sale proceeds at two months of rent, preventing property owners from inflating claims for back rent.

provide for appropriate civil commitment of certain persons.

This bill changes the rules for committing people with developmental disabilities to state care when they've been accused of violent crimes. Previously, the county review board had to prove the person posed an immediate danger; now, if a violent crime charge was dismissed in court, the board can order commitment if it finds the person actually committed the crime, has difficulty controlling their behavior, and is likely to commit another violent crime in the future. The bill also allows law enforcement to physically take someone into custody if they refuse to comply with a commitment order.

clarify the duties of truancy officers.

This bill clarifies that truancy officers must file truancy complaints for children enrolled in their school district, and specifies that complaints must be verified under oath and state the name of the responsible parent or guardian. It also requires courts to dismiss complaints that don't establish probable cause when a defendant challenges them.

revise provisions related to residency for voter registration.

HB1232 updates South Dakota's voter registration rules by establishing clearer standards for what counts as "residency" for voting purposes, replacing vague language with specific criteria such as having a fixed home where you intend to return, not claiming residency solely for tax or insurance reasons, and maintaining sleeping accommodations at that location. The bill also creates a new appeals process allowing people denied voter registration based on residency to challenge the decision before a hearing examiner, and includes special provisions for homeless individuals to register using alternative addresses like shelters or public spaces.

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.

provide for the consideration of a child's wishes in awarding custody.

SB137 changes South Dakota's child custody law to require judges to consider what a child wants when deciding custody arrangements. This amendment to state law gives children's preferences a formal role in custody decisions, rather than leaving the weight given to their wishes entirely up to the judge's discretion.

raise the revenue threshold for a required audit of a water development district.

SB143 raises the amount of revenue that water development districts must have before they are required to undergo an independent financial audit. This change makes it easier for smaller water development districts to avoid the cost and burden of mandatory audits by increasing the revenue threshold that triggers the audit requirement.

make an appropriation of American Rescue Plan Act monies for eligible water projects and to declare an emergency.

SB 156 directs American Rescue Plan Act federal funds toward water infrastructure projects that qualify under state eligibility standards. The bill appropriates these federal dollars to address water system needs across South Dakota and declares an emergency to expedite the funding process.

modify certain requirements for removal from the sex offender registry.

Sex offenders convicted in other states can now petition South Dakota courts to remove themselves from South Dakota's sex offender registry if they've already been removed from the registry in their home state. Previously, South Dakota law didn't allow this type of removal based on another state's decision. The bill requires the person seeking removal to provide a certified copy of the court order removing them from their original state's registry.

Honoring the 2022 Tea Area High School girls soccer team for winning the Class A State Championship.

This resolution honors the Tea Area High School girls soccer team for winning the Class A State Championship in 2022. It makes no changes to state law—it is a ceremonial bill recognizing the athletic achievement of the team.

clarify information related to students that is not subject to survey, analysis, or evaluation without consent.

SB 151 clarifies what student information schools cannot collect, analyze, or evaluate without getting permission from parents or students first. The bill updates state law to better protect student privacy by being more specific about which types of personal information require consent before schools can use them in surveys or assessments.

revise certain provisions regarding the crime of rape and provide a penalty therefor.

SB 91 adds a new category to South Dakota's rape law by making it rape in the fourth degree when an adult is at least three years older than a victim who is 13-15 years old, even without force or incapacity—a situation currently not explicitly covered as rape. The bill also removes the statute of limitations for the most serious rape charge (rape in the first degree involving victims under 13), meaning prosecutors can bring charges at any time.

require the Unified Judicial System to assemble a task force to address the provision of legal services to indigent parties within the South Dakota court system and to declare an emergency.

# HB 1064 Summary South Dakota's court system must create a task force to study and improve how poor people get legal help in state courts. The bill declares this an emergency matter, giving it priority attention.

authorize the issuance of extreme risk protection orders.

South Dakota would create a new legal tool called an "extreme risk protection order" that allows law enforcement officers or certain family members to ask a court to temporarily remove firearms from someone they believe poses a danger of harming themselves or others. To get such an order, the petitioner must provide the court with specific information about the person's history of violence, mental health, criminal record, and details about what firearms and ammunition they own. This is a new law that didn't previously exist in South Dakota.

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.

prohibit certain persons from using the title veterinary technician.

SB 142 restricts who can use the title "veterinary technician" in South Dakota by amending the state's veterinary licensing law. The bill changes existing requirements in state law (§24-11-13) to prohibit certain individuals from calling themselves veterinary technicians, likely those who lack proper credentials or training. This protects the veterinary technician title as exclusive to qualified, licensed professionals.

modify provisions regarding educator complaints.

School administrators and district boards must now report suspected violations of the professional ethics code by educators to the state Department of Education within 15 days, or face penalties themselves. This creates a new mandatory reporting requirement for schools to alert state officials when they have reasonable cause to believe a teacher or administrator has violated professional conduct rules.

revise the crime of witness tampering.

SB 50 expands South Dakota's witness tampering law to include a new crime: injuring or threatening to injure someone in retaliation for them testifying in court or cooperating with law enforcement. The bill keeps the existing witness tampering offense (offering benefits or pressuring someone to lie, withhold evidence, or skip court) as a Class 4 felony and adds this retaliatory conduct as an additional form of the same crime.

revise the order of precedence for the right to control the disposition of the remains of a deceased person.

South Dakota is changing who gets to decide how to handle a deceased person's remains and funeral arrangements. The new law adds two higher-priority options at the top of the decision-making order: first, someone the deceased person specifically named in a signed affidavit, and second, someone designated on a military form (DD 93) for active-duty service members—both taking priority over the surviving spouse, children, and parents who previously had first claim.

Honoring the seventy-fifth anniversary of the Singing Legionnaires of American Legion Post 15 in Sioux Falls.

SC801 honors the 75th anniversary of the Singing Legionnaires of American Legion Post 15 in Sioux Falls. This is a ceremonial resolution that does not change any state law.

waive the fee for nondriver identification cards for individuals at or below the federal poverty level.

South Dakota will stop charging a fee for nondriver identification cards for people whose household income is at or below the federal poverty level. Applicants seeking the fee waiver must submit proof of their income level with their application, and the Department of Public Safety will create rules about what documents qualify as acceptable proof. This creates a new exception to the standard nondriver ID card fees that currently apply to all residents.