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modify the definition of public infrastructure to allow a federally recognized Indian tribe to be eligible for housing infrastructure grants and loans and to declare an emergency.

HB1041 expands the definition of "public infrastructure" to include housing projects on federally recognized Indian tribal lands, making tribes eligible for state housing infrastructure grants and loans. The bill also repeals several outdated provisions from state law related to infrastructure definitions. An emergency clause is included to make these changes effective immediately.

update the United States census survey used to ascertain and adjust the salary of members of the Legislature.

HB1044 updates how South Dakota determines legislative salaries by switching to a more recent U.S. Census survey for calculating and adjusting pay for state legislators. The bill removes outdated census-based salary adjustment provisions and replaces them with updated methodology tied to current census data.

raise the appraisal value of surplus property that may be sold by a political subdivision without notice.

# HB1055 Summary This bill increases the property value threshold that allows government agencies (cities, counties, schools, etc.) to sell surplus land without having to give public notice first. The bill also repeals several outdated provisions related to property sales by political subdivisions, streamlining the process for disposing of unused government property.

revise the malt beverage license to also allow the sale of spirits produced by an artisan distiller.

This bill expands existing malt beverage licenses to also permit the sale of spirits made by artisan distillers in South Dakota. Currently, malt beverage licenses only allow beer sales, so this change lets license holders add locally-produced distilled spirits to their product offerings.

define and require active efforts for purposes of preserving and reuniting families following instances of abuse or neglect.

South Dakota's Department of Social Services must now make "active efforts"—defined as more intensive than current "reasonable efforts"—to keep children with their families or reunite them after abuse or neglect cases, including helping parents complete case plans and access needed resources. This new requirement applies to all child welfare proceedings involving the department and emphasizes working in partnership with parents, extended family, and tribes (for Native American children) using approaches tailored to each family's cultural circumstances. The bill raises the legal standard for how hard the state must work to preserve and reunite families rather than removing children or terminating parental rights.

institute procedures for addressing the bullying of a student.

This bill requires school principals to investigate bullying complaints within three working days of receiving notice from a parent or guardian, document their findings in writing, and place those findings in the educational records of both the bullied student and the accused student. Principals must also notify the district superintendent and contact the parent or guardian to discuss the investigation results, with in-person meetings available upon request. If bullying is confirmed, the principal and parent must work together to agree on remedial actions, which can include reassigning either student to a different classroom or school within the district.

establish a 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 agencies, tribal governments, the court system, the legislature, and child welfare organizations to study and address issues affecting Indian children in the state. The task force will include members from the Department of Social Services, all nine South Dakota Indian tribes, the court system, lawmakers from both parties, and foster care and adoption experts to develop recommendations on improving child welfare services for Native American children.

require active efforts in abuse and neglect proceedings that involve Indian children.

SB 202 requires child protective services to make "active efforts" to prevent the removal of Native American children from their families in abuse and neglect cases, strengthening protections under federal Indian Child Welfare Act standards. The bill amends existing law and adds new requirements to ensure that before removing an Indian child from their home, the state must demonstrate it has actively tried to address the family's problems through services and support.

To refer to the voters the question of whether this state should lower the state sales and use tax rate on food to zero percent, and to increase certain gross receipts tax rates, excise tax rates, and use tax rates.

This bill asks South Dakota voters whether to eliminate the state sales tax on food by reducing it to zero percent. To make up the lost tax revenue, the state would increase taxes on other items, including certain gross receipts taxes, excise taxes, and use taxes.

revise the eligibility of roads for the rural access infrastructure fund.

SB124 changes which roads are eligible to receive funding from South Dakota's rural access infrastructure fund by revising the eligibility requirements in state law. The bill modifies existing rules about road classifications and adds new provisions to expand or clarify which rural roads can qualify for this state infrastructure support.

provide a rebuttable presumption in favor of joint physical custody of a minor child.

SB214 changes South Dakota custody law to presume that parents should share physical custody of their children equally unless one parent can prove otherwise. Instead of judges starting with no preference about custody arrangements, courts will now begin with the assumption that joint physical custody is in the child's best interest, and a parent seeking a different arrangement must present evidence to rebut that presumption.

revise provisions related to the possession, distribution, and manufacture of child pornography.

This bill creates three new crimes in South Dakota law specifically targeting child sexual abuse material: possessing it (Class 4 felony with at least 1 year prison), distributing it (Class 3 felony with at least 5 years prison), and manufacturing it (Class 2 felony with at least 10 years prison). Each offense carries mandatory minimum prison sentences, with manufacturing carrying the harshest penalty since it involves creating the illegal material.

revise provisions related to the custody of an alleged delinquent child before and after a temporary custody hearing.

HB 1245 strengthens requirements for holding children accused of delinquency in detention before their court hearing, changing the standard so intake officers must find that parents cannot be located or are unsuitable AND that at least one serious circumstance exists (like the child being charged with a violent crime, having a record of missing court dates, or being under the influence). Previously, detention could be used more broadly; this bill limits it to cases involving specific risk factors or serious charges.

make an appropriation to provide a grant for the construction of a facility to provide certain health facilities and services.

South Dakota will provide an $8 million grant to help construct a facility that serves children under 21 with specialized pediatric rehabilitation, education, intermediate health care, and outpatient services. The state Department of Social Services will oversee approval of how the money is spent, and any funds not used will be returned to the state's general fund.

establish the minimum age for marriage.

This bill sets the minimum marriage age at 18 in South Dakota, though it allows 16- and 17-year-olds to marry with notarized parental or guardian consent. The bill repeals an older law about parental consent procedures and clarifies that anyone performing a marriage in violation of age requirements commits a Class 1 misdemeanor.

require the Department of Social Services and the Department of Education to apply for and administer the summer electronic benefit transfer for children program and to make an appropriation therefor.

HB 1184 requires South Dakota's Department of Social Services and Department of Education to apply for and run a federal summer food assistance program that provides electronic benefit cards to eligible children during school breaks. The bill appropriates state funding to support administration of this program, which helps low-income families purchase food for their children when school meals aren't available during summer months.

repeal a section of the Administrative Rules of South Dakota regarding cooperation with the Division of Child Support.

HB1223 eliminates a rule requiring parents receiving child care assistance to cooperate with the state's child support division by applying for enforcement services and maintaining an active case. Currently, failure to comply with this requirement can result in losing child care assistance eligibility, but this bill removes that penalty and cooperation requirement entirely.

amend provisions regarding reports to be done for a guardianship or conservatorship and to provide a penalty therefor.

HB1230 clarifies the requirements for temporary guardians and conservators by specifying they must follow court-ordered powers and duties, and adds a penalty of a Class 2 misdemeanor for violations. The bill also refines the rules for petition reports by requiring guardianship or conservatorship appointment petitions to include evaluations of the person needing protection based on the signers' best knowledge.

create the Indian Child Welfare Advisory Council.

South Dakota will create a new Indian Child Welfare Advisory Council within the Department of Social Services to improve coordination between state government, the nine tribal nations, and child welfare experts. The council will include representatives from each tribe, the Department of Social Services, and the state legislature, and must meet at least four times yearly to discuss Indian child welfare issues and report progress to the Governor and Legislature annually.

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, limiting the assessed value of real property and the amount of tax on real property.

This joint resolution proposes a constitutional amendment that would cap the assessed value of real property and limit the amount of property taxes South Dakota residents can be charged. If approved by voters in the next general election, this amendment would change how property is taxed in the state by establishing new limits on both valuations and tax amounts.

establish procedures for the termination of services by a provider through the CHOICES waiver program.

This bill establishes procedures for home and community-based service providers to terminate care for people with intellectual or developmental disabilities under South Dakota's CHOICES waiver program. Providers must now give at least 30 days' written notice to the participant (or their parent if under 18), their guardian if applicable, their service plan team, and the Department of Human Services before ending services, and the notice must explain the reason for termination and inform them of alternative services. This creates new rules where none previously existed to protect vulnerable participants from sudden loss of care.

improve child care in South Dakota.

modify provisions related to prohibited medical interventions on minors.

SB216 modifies South Dakota's restrictions on gender-related medical treatments for minors by requiring parental consent for puberty-blocking drugs and hormone treatments (previously these could be done without consent in certain circumstances), while maintaining existing bans on surgeries and removal of healthy body parts. The bill also shortens the deadline for filing civil lawsuits related to violations of these rules from three years to two years after a person discovers the violation.