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Permit a court to order family therapy or reunification therapy in a custody or visitation dispute.

South Dakota courts can now order parents involved in custody or visitation disputes to participate in family therapy or reunification therapy to help them develop or follow their parenting plans, with costs split between the parties. However, the court cannot order this therapy if one parent has been a victim of domestic abuse committed by the other parent, or if a child has been abused by one of the parents—unless the court finds there are special circumstances that override this protection.

Urging the Supreme Court of the United States to establish marriage as between a man and a woman.

This concurrent resolution asks the U.S. Supreme Court to overturn its 2015 decision legalizing same-sex marriage nationwide and to redefine marriage as only between a man and a woman. The resolution does not change South Dakota state law itself, but instead expresses the South Dakota Legislature's position that the Supreme Court's ruling was unconstitutional and misguided.

Restrict the deference given by courts to a state agency's interpretation of a state statute, administrative rule, or policy.

This bill changes how courts review decisions made by state agencies by eliminating the legal deference (special respect) courts normally give to agency interpretations of laws and rules. Instead, courts must independently interpret what the law means from scratch, and if any doubt remains, must choose the interpretation that best protects individual constitutional rights. The bill also clarifies that appeals of administrative cases to the Supreme Court follow the same standards as other civil appeals, except for this new requirement to review agency interpretations without deference.

Provide oversight regarding the exercise of gubernatorial emergency powers.

HB1140 adds legislative oversight to the governor's emergency powers by requiring the Legislature to review and potentially limit how long the governor can suspend state agency rules during declared emergencies. The bill modifies the existing law that currently gives the governor broad authority to suspend rules during disasters or emergencies, inserting a check on that power through the legislative branch.

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

This bill creates a legal presumption that joint physical custody is in a child's best interest when parents dispute custody, unless the court finds evidence to the contrary based on specific factors related to the child's welfare. The court can override this presumption if it determines joint custody isn't in the child's best interest or if domestic abuse or other disqualifying factors are present. This shifts the default assumption toward shared custody arrangements rather than leaving it neutral.

Provide for noncustodial visitation of a minor born out of wedlock.

Once a father's paternity is legally established for a child born outside of marriage, he is automatically entitled to a minimum amount of parenting time with that child, following the same visitation schedule that applies to other noncustodial parents. The father loses this right only if the court finds that visitation would seriously harm the child. This creates a new legal entitlement for unmarried fathers where none previously existed.

Revise the subpoena powers of the Government Operations and Audit Committee.

The Government Operations and Audit Committee's ability to issue subpoenas now requires approval from the Executive Board of the Legislative Research Council before the subpoena takes effect. The bill also clarifies the committee's existing powers to examine state government records, summon witnesses, and obtain documents, while establishing that the committee can use the enforcement procedures in state law if someone refuses to comply with a subpoena.

Expand the access and investigatory authority of the state auditor.

South Dakota's State Auditor will gain the right to access all records, accounts, and documents from any state agency needed to conduct audits, investigate fraud or mismanagement, and check that proper financial controls exist. State agencies must now include a clause in their contracts acknowledging the auditor's access rights. These changes expand the auditor's investigatory powers beyond routine auditing to include looking into improper governmental conduct like fraud and misappropriation.

Revise provisions related to trusts.

SB 69 expands South Dakota's trust law to recognize a new type of advisor called a "tax trust advisor" who can manage tax-related decisions for trusts, alongside existing investment and distribution advisors. The bill clarifies that trust protectors and these various advisors are only acting as fiduciaries (meaning they have legal duties) when the trust document specifically says they are, except for certain investment, distribution, or tax advisory roles. These changes modernize trust administration to give South Dakota more flexibility in how trusts can be managed.

Repeal the requirement that judicial officers be listed on a separate nonpolitical ballot.

South Dakota currently requires judicial officers to appear on a separate, nonpolitical ballot during elections, but this bill eliminates that requirement and allows judges to be listed on the same ballot as other candidates. The change simplifies the voting process by removing the need for a distinct judicial ballot while judges will still run for election.

Revise a provision related to the termination of parental rights of a child adjudicated abused or neglected.

HB 1195 clarifies the language in South Dakota law that allows courts to terminate parental rights when a parent has committed certain serious crimes against a child, including sexual abuse, torture, abandonment, or severe neglect. The bill updates the wording to make clear that crimes committed under South Dakota law or similar crimes under another state's or local law can all be grounds for termination. This change improves the clarity of the statute without fundamentally changing which crimes qualify as reasons to end parental rights.

Requesting the attorney general to file a lawsuit against the People's Republic of China and related parties to seek damages related to the COVID-19 global pandemic.

This resolution asks South Dakota's attorney general to sue China, the Chinese Communist Party, and a Chinese military laboratory for $100 billion in damages, claiming they were responsible for creating and releasing the COVID-19 virus. The resolution also requests that the attorney general establish a relief fund to distribute any money recovered from such a lawsuit to COVID-19 victims in South Dakota. This is a non-binding request to the attorney general rather than a change to state law itself.