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establish public use criteria for purposes of condemnation proceedings.

HB1190 requires entities seeking to take private property through eminent domain to provide more detailed information when filing their court petition, including a description of good faith efforts to negotiate with the landowner and a detailed explanation of how the project serves the public. The bill adds these new documentation requirements to South Dakota's condemnation process to give property owners and courts better information about whether a taking truly meets the legal standard for public use.

provide that required siting permits be filed with condemnation petitions.

This bill requires companies or groups that use eminent domain to take private property for public purposes to file proof that they have obtained a required siting permit from the Public Utilities Commission along with their condemnation petition in court. The change ensures that landowners and courts can verify upfront that the project has the necessary state approval before the legal process to take their property begins.

allow an appeal of a decision of the Department of Education regarding special education or related services by a civil action against the department.

This bill allows parents and students to sue the South Dakota Department of Education in state or federal court if they disagree with the department's decisions about special education services, rather than being limited to other appeal processes. The lawsuit must be filed within 30 days of the department's decision, and there is no minimum dollar amount requirement to bring the case to court.

establish a pre-condemnation process and to require reclamation and restoration of property damaged by condemnation.

This bill creates a new process requiring government entities or others seeking to take private property through eminent domain to first get an independent appraisal and attempt good faith negotiations before filing a condemnation lawsuit. Property owners will have the right to attend the appraisal of their property, and the condemnor cannot offer less than the appraised value during negotiations.

consider certain goods when given as a prize through a redemption store as purchases for resale.

SB 130 treats merchandise given away as prizes in redemption stores (like arcade or gaming establishments) as purchases for resale, which affects how those businesses are taxed and regulated under state law. This change means redemption store operators will need to report and potentially pay sales tax on prize merchandise the same way traditional retailers do for inventory purchased for resale. The bill modifies tax and business licensing rules across multiple chapters of South Dakota law to implement this new classification.

adopt the advanced practice registered nurse compact.

South Dakota is joining the Advanced Practice Registered Nurse Compact, which allows nurse practitioners, clinical nurse specialists, and other advanced practice nurses to work across state lines with a single multistate license instead of getting separate licenses in each state. The bill removes several outdated state regulations on nurse licensing and replaces them with the compact's interstate framework, making it easier for these healthcare professionals to practice in multiple states.

repeal a provision related to habeas corpus proceedings.

South Dakota removes a law that allowed judges to be fined up to $500 if they corruptly refused to issue habeas corpus writs or unreasonably delayed them when legally required. This repeals the penalty provision that previously gave prisoners a way to recover damages when judges improperly blocked their access to these legal proceedings.

eliminate the right to a preliminary hearing when an offender is charged with a nonviolent felony and when the offender is out of custody.

People charged with non-violent felonies who are out of jail would lose their right to a preliminary hearing under this bill. This means defendants in these cases would skip the early court stage where a judge decides if there's enough evidence to proceed, and go directly toward trial or plea negotiations instead.

clarify references to the court in a condemnation proceeding.

This bill clarifies the language in South Dakota's condemnation law (used when the government takes private property) to make it mandatory, not optional, that courts award attorney fees and expert witness costs to property owners when they win significantly more than the government's final offer. The change replaces permissive language ("may") with mandatory language ("must") and updates references to ensure courts clearly understand their obligations in these cases.

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.

create a license plate for certain retired firefighters and clarify provisions regarding special firefighter license plates.

SB194 creates a new special license plate for retired firefighters while clarifying the existing rules for active firefighter license plates in South Dakota. The bill amends current firefighter license plate provisions and adds new regulations to specify who qualifies for the retired firefighter plate and how it can be obtained.

include impacted townships in the issuance of a conditional use permit.

SB 189 expands who must be notified and included when counties issue conditional use permits by requiring that impacted townships receive notice and have input in the permit process. This change ensures neighboring townships, not just the applicant's township, can weigh in on projects that may affect them before a permit is granted.

remove a prohibition on the ability of law enforcement and various governmental entities to inspect, search, seize, prosecute, or impose disciplinary action on cannabis dispensaries, cultivation facilities, manufacturing facilities, and testing facilities.

SB 71 removes legal restrictions that previously prevented law enforcement and government agencies from inspecting, searching, and seizing property at cannabis dispensaries, cultivation facilities, manufacturing facilities, and testing facilities. The bill repeals four sections of state law that had prohibited these enforcement actions and updates related cannabis regulations to align with the new authority. This change allows the same law enforcement powers that apply to other businesses to now apply to licensed cannabis operations.

revise the requirements pertaining to average teacher compensation and to establish a minimum teacher salary.

HB1048 establishes a minimum teacher salary requirement for South Dakota schools and revises how the state calculates average teacher compensation used for funding purposes. The bill removes outdated compensation calculation methods while setting a floor below which teacher salaries cannot fall. This change ensures teachers earn at least a baseline amount while updating how the state measures and allocates education funding.

allow compliance with seat belt laws to be considered in determining damages for injuries.

This bill allows evidence of whether someone was wearing a seatbelt to be used in civil injury lawsuits to reduce the damages they can recover, whereas current law prohibits introducing seatbelt non-compliance as evidence in civil cases. The change means that if you're injured in an accident and sue for damages, the other party can argue that your failure to wear a seatbelt contributed to your injuries and should lower the amount you receive. Criminal prosecutions for seatbelt violations remain unaffected by this change.

permit a person convicted of certain driving under the influence offenses to drive for certain purposes.

HB1083 allows people convicted of certain driving under the influence offenses to obtain a limited driving permit for essential purposes like work, medical appointments, or school. The bill modifies South Dakota's DUI laws and vehicle code to create this exception to the normal driving restrictions that apply to DUI convicts.

allow for an action to establish paternity after age eighteen based on genetic test results.

Currently, South Dakota law only allows paternity cases to be filed before a child turns 18, but this bill creates a new exception allowing adults to establish paternity after age 18 if they have genetic test results showing at least 99% probability that a specific person is the father. However, if paternity is established this way, the father cannot be required to pay back child support or other expenses from before the case was filed. The bill also requires the state to update birth certificates to reflect the father's name once a court establishes paternity under this new process.

remove irreconcilable differences as a cause for divorce.

This bill eliminates "irreconcilable differences" as a ground for divorce in South Dakota and removes the legal procedures associated with it. Going forward, divorces can only be granted for specific reasons like adultery, cruelty, desertion, neglect, habitual drinking, or conviction of a felony—plus a new ground of being incarcerated due to a crime conviction. The change eliminates the current process where courts could dissolve marriages based simply on substantial reasons that make continuation unworkable.

Celebrating the state championship win by the Mitchell High School gymnastics team.

HC 8022 is a ceremonial resolution celebrating the Mitchell High School gymnastics team's state championship win—it doesn't change any state law. This type of bill simply allows the South Dakota House of Representatives to officially recognize and honor the team's athletic achievement.

revise and repeal provisions related to forcible entry and detainer.

SB 90 eliminates the requirement that landlords give tenants three days' written notice to quit before filing a forcible entry and detainer lawsuit (an eviction case) in certain situations. This change removes a tenant protection that previously required landlords to formally notify tenants they must leave before taking legal action to remove them from the property.

establish the admissibility of evidence of similar crimes in sexual assault cases.

South Dakota courts will now be allowed to tell juries about other sexual assaults a defendant has committed when deciding whether he's guilty of a current sexual assault charge. Prosecutors must tell the defendant and his lawyer about this evidence at least 15 days before trial so he has time to prepare a defense.

Celebrating John and Laurie Stiegelmeier’s contributions to the State of South Dakota and South Dakota State University.

This is a resolution honoring John and Laurie Stiegelmeier for their contributions to South Dakota and South Dakota State University—it does not change any state law. The document shown is primarily Senate journal proceedings from January 17, 2024, and does not contain the actual text of SC802.

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.

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.

prohibit a person from coercing an individual to submit to certain vaccinations.

HB1248 clarifies that it's illegal for anyone—including medical boards, doctors, or other individuals—to force or pressure someone into getting a smallpox vaccination or other virus vaccinations through physical force or coercion. The bill upgrades this violation to a Class 2 misdemeanor, making it a criminal offense with potential jail time and fines. This protects individuals' right to refuse these specific vaccinations without being threatened or physically forced.

merge the Professional Teachers Practices and Standards Commission and the Professional Administrators Practices and Standards Commission.

South Dakota will combine two separate oversight boards—one for teachers and one for school administrators—into a single commission that handles professional standards and practices for both groups. This merger eliminates the separate Professional Administrators Practices and Standards Commission and consolidates its duties into the existing teachers commission, streamlining state oversight of educator credentials and conduct.

create the Commission on Indigent Legal Services and Office of Indigent Legal Services, to make an appropriation for reimbursing county indigent legal services, and to declare an emergency.

South Dakota creates a new Commission on Indigent Legal Services and Office of Indigent Legal Services to oversee and reimburse counties for providing legal representation to people who can't afford lawyers. The bill eliminates several outdated provisions in state law that previously governed indigent legal services and updates the rules for how this system operates. The legislature also appropriates funding for these county reimbursements and declares an emergency so the changes take effect immediately.

revise provisions regarding the 911 emergency surcharge.

HB 1092 revises how South Dakota collects and handles the 911 emergency surcharge by adding new requirements in state law chapters 36-32 and 11-15. The bill appears to create procedures related to fingerprint-based background checks for certain licensees participating in a counseling licensure compact, with fees for fingerprinting to be paid by the applicants. However, the provided text is incomplete and does not clearly show the specific changes to 911 surcharge provisions.

permit a hunter with a disabled hunter permit to use a motorized wheelchair for hunting on school or public lands.

Disabled hunters who hold a disabled hunter permit can now use motorized wheelchairs while hunting on school and public lands in South Dakota. This change allows hunters with mobility challenges to access hunting opportunities that were previously restricted by equipment rules. The law makes hunting more accessible for people with disabilities by removing the motorized wheelchair prohibition on these lands.

provide for the study of the Community, Hope, Opportunity, Independence, Careers, Empowerment, Success waiver program and to provide an appropriation therefor.

This bill creates funding and directs a study of South Dakota's CHOICES (Community, Hope, Opportunity, Independence, Careers, Empowerment, Success) waiver program, which provides services to people with disabilities. The study will examine how the program is working and whether changes are needed to better serve participants.

limit reliance upon secondary sources as statements of law.

This bill establishes that legal treatises, scholarly articles, textbooks, and similar secondary sources cannot be treated as authoritative statements of South Dakota law if they conflict with the state constitution, state statutes, court precedents, or common law. Courts and other decision-makers must rely instead on these primary legal sources—the actual constitutional text, laws passed by the legislature, and prior court rulings—rather than what legal experts write about the law. This prevents secondary sources from being used to create, eliminate, or expand legal rights and remedies that aren't already established in those primary sources.

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.

authorize enrolled tribal members to attend certain institutions of higher education without payment of tuition and mandatory fees.

SB 156 allows enrolled members of federally recognized tribes to attend South Dakota public universities and colleges tuition-free, eliminating their obligation to pay tuition and mandatory fees. This change amends the existing higher education funding law to create a new category of students who receive free attendance at these institutions based on tribal enrollment status.

authorize the disclosure of referral status by Department of Human Services personnel.

SB46 allows Department of Human Services personnel to disclose whether someone has been referred for services, addressing privacy rules that previously restricted such information sharing. The bill repeals several outdated confidentiality provisions while modifying existing disclosure rules to permit this specific type of referral status information to be shared. This change makes it easier for DHS staff to confirm referral status with the public while maintaining other privacy protections.

revise a provision related to an action to quiet title to real property.

SB85 updates South Dakota's "quiet title" law—which lets property owners remove disputed claims to their land—by increasing the settlement amount a claimant must offer from $1.25 to $100 before filing suit. If the property owner still refuses to give up their claim and loses in court, they now must pay the winner's costs, disbursements, and reasonable attorney fees instead of a capped amount.

Affirming the value of grassland ecosystems and the importance of farmers and ranchers as managers.

This resolution affirms South Dakota's commitment to preserving grassland ecosystems and recognizes farmers and ranchers as important stewards of the land. It amends existing law related to grassland management and adds new provisions to state statute that emphasize the value of these natural areas and the role agricultural producers play in maintaining them. The resolution is largely symbolic, expressing the state legislature's support for grassland conservation and agricultural land stewardship.

specify the venue of appeal to circuit court for persons committed to a mental health facility.

When people committed to mental health facilities want to appeal their commitment in court, this bill specifies that their appeals must be filed in circuit court in the county where they are currently located, rather than allowing appeals in other venues. The change clarifies the proper court location for these appeals across South Dakota's mental health commitment process.

establish a civil action for nonconsensual condom removal.

This bill creates a new civil lawsuit that people can file against someone who secretly removes a condom during sexual activity without their consent. The person who was wronged can recover money for damages, punitive damages (extra punishment money), court costs, attorney fees, and can seek compensation for emotional harm related to pregnancy or disease risks.

revise the process for annexing or excluding property contiguous to a road district.

SB 102 modifies the rules for how property next to a road district can be added to or removed from that district's boundaries. The bill streamlines the annexation and exclusion process by revising the procedures outlined in state law, making it easier for property owners and road districts to adjust district boundaries when property is located along a road.

rescind rulemaking authority pertaining to the process for publishing required voter registration numbers.

SB 19 removes the Secretary of State's authority to make rules about how voter registration numbers are published to the public. The bill repeals four sections of law related to voter registration procedures and makes changes to how voter registration information is handled in state code. This takes decisions about publishing voter data out of the regulatory process and likely moves them into the legislative realm.

require the consideration of the definition of antisemitism when investigating unfair or discriminatory practices.

This bill adds antisemitism to South Dakota's list of unfair and discriminatory practices that the Division of Human Rights can investigate and enforce. When investigating discrimination complaints, the Division must now consider a specific definition of antisemitism that includes hatred toward Jewish people expressed through words or actions targeting individuals, property, or Jewish institutions. The bill includes a safeguard stating it doesn't restrict free speech or religious freedom protections.

allow a person to temporarily take responsibility of a feral cat for the purpose of spaying or neutering the animal.

SB 172 allows people to temporarily take care of feral cats for the purpose of having them spayed or neutered without facing legal liability. This change amends the state's animal control law (§21-16-7) to create an exception so that caring for a feral cat during this medical procedure doesn't violate existing regulations.

provide immunity from liability for certain actions of the State Bar and its agents.

HB1023 shields the State Bar of South Dakota and its employees from being sued for actions they take in their official duties, preventing lawsuits against the organization even if someone claims harm from the Bar's decisions or conduct. The bill also eliminates several existing sections of law that previously allowed for liability or complaints against the State Bar, effectively removing those legal remedies. This gives the State Bar broad immunity from legal accountability for its regulatory and disciplinary actions.