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Repeal obsolete provisions pertaining to noncollecting retailers.
HB1027 repeals outdated tax laws that previously defined and provided special treatment for small online retailers and auction websites that weren't required to collect South Dakota sales tax. These nine sections of law are no longer needed and are being removed from the state code, likely because sales tax collection rules have changed since these provisions were created.
Permit the selling of fireworks throughout the year.
South Dakota currently limits when fireworks retailers can sell fireworks to specific sales periods throughout the year, but this bill removes those seasonal restrictions and allows fireworks to be sold year-round. The bill repeals the section that specified those limited sales periods and eliminates the requirement for retailers to obtain separate sales licenses for each season. Retailers will still need a general retailer license, but they'll no longer be restricted to selling fireworks only during designated times of the year.
Repeal a reporting requirement regarding industrial hemp.
South Dakota is eliminating a reporting requirement for industrial hemp that was previously mandated under state law. The bill also updates regulations governing how industrial hemp can be used, adding new provisions to the state's commercial feed and seed laws to clarify or adjust hemp-related rules.
Provide that equine dental maintenance not constitute the practice of veterinary medicine.
HB1176 clarifies that people performing routine dental maintenance on horses are not practicing veterinary medicine and therefore do not need a veterinary license to do this work. The bill adds equine (horse) dental care to the list of activities that are explicitly exempted from South Dakota's veterinary medicine regulations.
Provide for the revision and eventual repeal of the employer's investment in South Dakota's future fee.
HB1186 modifies South Dakota's employer investment fee (a charge on wages paid into the unemployment compensation fund) by updating the formula that determines fee rates based on each employer's reserve ratio, with changes taking effect for calendar year 2024 and beyond. The bill adjusts the reserve ratio thresholds and corresponding fee percentages in the rate schedule, generally lowering the investment fees employers must pay as their reserve ratios improve. This represents a revision of the existing fee structure rather than a complete repeal, though the bill's title indicates eventual repeal may be planned.
Remove the maximum fee permitted to be charged by a notary.
South Dakota currently limits notaries public to charging a maximum of $10 per document they notarize, but this bill removes that cap entirely, allowing notaries to set their own fees. Notaries would still be prohibited from charging for notarizing absentee ballot requests.
Repeal the oath requirement for an application for a lodging establishment, campground, food service establishment, or mobile food service establishment license.
This bill removes the requirement that owners of lodging establishments, campgrounds, food service establishments, and mobile food service establishments must verify their license applications under oath. The change simplifies the application process by eliminating the oath verification step while keeping all other application requirements in place.
Exempt trailer manufacturers and trailer dealers from certain provisions regarding motor vehicle dealer license requirements.
Trailer manufacturers and dealers who make or sell lightweight trailers (under 3,000 pounds) that aren't semitrailers or travel trailers are now exempt from several specific motor vehicle dealer regulations. These businesses will still need to follow other licensing requirements in state law, but won't have to comply with the particular rules listed in the exemption. This change simplifies regulatory requirements for small trailer businesses while keeping basic licensing rules in place.
Authorize the shipment of distilled spirits direct to consumers, and to provide a penalty therefor.
South Dakota distilleries—both in-state and out-of-state—can now ship distilled spirits directly to consumers by obtaining a direct shipper license from the Department of Revenue for $100 and registering their brand labels. The bill also allows commercial carriers to obtain licenses to transport these shipments and requires distilleries to hold a South Dakota sales and use tax license.
Clarify that a digital network is not subject to a cause of action based on the doctrine of product liability.
South Dakota digital networks—like social media platforms or online services—cannot be sued under product liability laws, whether based on strict liability or negligence claims. This new law clarifies that even if a digital network causes harm, users cannot treat it the same way they would a defective physical product in court. The change adds protections for online platforms from a specific category of lawsuits.
Require that cash be accepted for certain transactions.
This bill requires businesses and state/local government agencies to accept cash as payment when customers pay in person and request it, with limited exceptions for banks, security deposits, and airline purchases. It defines "cash" as physical coins and currency that are legal U.S. tender. The change ensures that people without credit cards or those who prefer cash can still complete in-person transactions.
Prohibit natural asset companies.
This bill prohibits South Dakota state agencies and political subdivisions from doing business with natural asset companies—entities that hold rights to manage land for conservation or ecological benefits and profit from those natural assets. The law bars the state from selling, leasing, or granting easements on public lands to these companies or otherwise giving them any direct or indirect interest in state resources. This creates a new restriction on how the state can use or manage its property and natural resources.
Prohibit the award or use of state moneys for the research, production, promotion, sale, or distribution of cell-cultured protein.
South Dakota would be prohibited from spending state money to research, produce, promote, or sell cell-cultured protein (lab-grown meat made from animal cells grown outside a live animal). The law includes an exception allowing the Board of Regents institutions to still receive state funding for this work.
Require that manufacturers of agricultural equipment allow an independent repair provider or an owner to make certain repairs to agricultural equipment.
South Dakota farmers and independent repair shops will gain the right to repair agricultural equipment without manufacturer interference under this new law. Manufacturers of farm equipment must allow owners and independent repair providers to access the parts, tools, and information needed to make repairs, rather than forcing customers to use only authorized dealer networks. This aims to reduce repair costs and give farmers more control over maintaining their own equipment.
Clarify certain labeling and sales requirements for homemade food items.
This bill updates the labeling requirements for homemade foods sold under South Dakota's home food operation exemption, clarifying that the required information (product name, producer contact details, ingredients, and allergen warnings) can be displayed on a package label, container label, or point-of-sale placard instead of only on the product itself. The bill also changes the allergen disclaimer language to specify that the food was "produced at a residential property" rather than just stating it wasn't made in a commercial kitchen.
Authorize the sale of home-processed poultry and pork by producers who verify compliance with food safety training requirements.
Home producers can now sell poultry and pork they process themselves, as long as they complete food safety training and follow federal and state exemption rules. This expands South Dakota's existing "home food operation" law, which previously only allowed sales of certain fermented foods, baked goods, and frozen produce, by adding poultry and pork to the list of products allowed under the same food safety training requirement.
Urging the United States Congress and the President of the United States to remove the requirement of a project labor agreement for federal construction projects.
This resolution asks the federal government to eliminate the requirement that construction contractors on federal projects (like those at Ellsworth Air Force Base in South Dakota) must sign union agreements. South Dakota argues this federal requirement conflicts with the state's right-to-work law, which allows workers to choose whether or not to join a labor organization.
Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.
South Dakota websites that host substantial amounts of material harmful to minors must now verify that users are at least 18 years old before granting access. The bill updates the state's existing obscenity laws to define what counts as a "covered platform" and creates penalties for sites that fail to implement this age verification requirement.
Remove outdated provisions within the insurance code.
South Dakota is cleaning up outdated language and requirements in its insurance regulations to modernize the state's insurance code. The bill updates financial reporting rules for insurers, removes an old provision about insurance guaranty associations, and simplifies outdated wording throughout the insurance statutes. These changes bring the state's insurance rules into line with current national standards and eliminate requirements that are no longer necessary.
Prohibit payment or rebate of insurance deductibles by contractors providing motor vehicle repair services.
South Dakota auto repair shops, body shops, and garages are now prohibited from offering to pay or rebate a customer's insurance deductible—either through direct payment, coupons, credits, or advertisements. If a repair shop violates this rule, any contract with the customer becomes null and void. This is a new restriction on a practice that was previously allowed.
Allow a dealer in motor homes or recreational park trailers to construct and operate campsites at a dealership location.
Motor home and recreational park trailer dealers can now build and operate campsites at their dealership locations for customers waiting for repairs or maintenance work. These dealer-operated campsites are exempt from the licensing and inspection requirements that normally apply to campgrounds under state law.
Provide limitations on liability and damages caused by a wildfire.
South Dakota SB134 limits what people can sue electric utilities for when wildfires cause damage, making it harder for wildfire victims to recover money. The bill prevents strict liability lawsuits against utilities, bars punitive damages unless the utility acted with malice or criminal intent, eliminates compensation for non-economic losses (like pain and suffering) unless someone suffered a burn injury, and caps property damage payments at the lower of either restoration costs or replacement value.
Provide for the sale of vintage distilled spirits to certain on-sale licensees.
South Dakota bars on-sale liquor licensees (like restaurants and bars) from purchasing vintage distilled spirits directly, but this bill allows unlicensed sellers to sell up to 24 liters of vintage spirits per year to each on-sale licensee, provided the sale happens in person at the licensed premises and the seller reports the transaction to the Department of Revenue. A "vintage distilled spirit" is defined as any distilled spirit that hasn't been distributed in South Dakota for at least five years, and bottles must be labeled and reported to the state before resale to consumers.
Revise the applicability of the statute of repose for construction deficiencies.
This bill requires that the statute of repose—a legal deadline for filing construction defect lawsuits—applies equally to claims brought by the state or local government as it does to claims by private citizens. The change means government entities can no longer use special rules to file construction lawsuits after the standard deadline that would apply to a private homeowner or business.
Repeal provisions related to medical marijuana.
HB 1101 repeals South Dakota's medical marijuana program by eliminating the law that defined terms, patient qualifications, and rules for medical cannabis use and cultivation. The bill also removes references to medical marijuana patients from the state's prescription drug monitoring program. This effectively ends the legal framework that allowed registered patients to possess and grow cannabis for medical purposes.
Prohibit the manufacture, sale, or distribution of cell-cultured meat in this state, and to provide a penalty therefor.
South Dakota would ban the manufacture, sale, and distribution of lab-grown meat (cell-cultured meat produced from animal cells in a laboratory rather than from raising and slaughtering animals). Violations would be classified as a Class 2 misdemeanor, and the Department of Health could inspect food establishments and issue stop-sale orders or revoke licenses for violations. The bill also amends existing meat transport regulations to specifically include cell-cultured meat in those restrictions.
Modify requirements relating to the operation of salons and booths and to declare an emergency.
HB 1232 adds a new category of salon licenses for businesses that offer only one or a few specific cosmetology practices (rather than all practices), instead of requiring them to get a full cosmetology salon license. The bill also allows multiple licensed cosmetologists, estheticians, or nail technicians to share the same work station within a licensed salon, which wasn't previously permitted.
Revise provisions relating to licensing fees for cosmetology, esthetics, and nail technology.
South Dakota is updating the rules that the Cosmetology Commission can create regarding licensing and fees for cosmetology, esthetics, and nail technology professionals. The changes mostly clean up the language to make it clearer and more consistent—for example, changing "examinations" to "examination" and "salons" to "salon" where appropriate, and updating references to related laws. These revisions streamline the commission's authority without fundamentally changing what fees they can charge or what licensing requirements exist.
Modify requirements for off-road vehicle dealers at special events.
Off-road vehicle dealers can now attend temporary special events for up to seven days (instead of two days) in their county or adjoining counties without needing a special permit or license. The change allows dealers to sell vehicles at these events without paying the fees or taxes normally required, as long as they're licensed in South Dakota and no other dealer from the same manufacturer is already operating in that county.
Require that pipeline applicants acquire county permits prior to submission of a permit application to the Public Utilities Commission.
Before companies can apply to the state Public Utilities Commission for a pipeline permit, they must first obtain a county permit under this new requirement. This adds a local approval step before the state-level permitting process can begin, giving counties an opportunity to review pipeline projects before they reach the state commission.
Include a hybrid facility as a facility to be regulated by the Public Utilities Commission.
This bill expands what the Public Utilities Commission regulates by adding "hybrid facilities" (facilities that combine multiple energy sources) to the definition of "energy conversion facilities" that require state approval. Under current law, wind and solar facilities are excluded from this regulatory requirement, but hybrid facilities that can produce 100 megawatts or more of electricity will now need PUC oversight like other major power generation projects.
Require the acceptance of a cash payment for admission to a school-affiliated event.
Schools in South Dakota must accept cash payments for admission to school events and concessions, and cannot turn away someone who has enough cash to pay the admission fee. If a school refuses cash payment, it must let the person in for free. Schools must also provide at least one cash-payment location for concessions on each floor where they're sold.
Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.
South Dakota websites that regularly host or distribute material harmful to minors must now verify that users are adults before allowing access to such content. The bill updates existing obscenity laws to define what counts as a "covered platform" subject to these age verification requirements and establishes penalties for non-compliance. This expands the state's restrictions on adult content by placing the burden on websites to block minors rather than relying solely on prosecution of distributors.
Increase the number of off-sale licenses from two to three in municipalities and counties of one thousand or less.
This bill allows small towns and counties with populations of 1,000 or fewer to issue three off-sale liquor licenses instead of the current limit of two. The change gives small communities more flexibility to authorize additional businesses selling beer, wine, and spirits for off-premises consumption.
Amend provisions of the Uniform Commercial Code.
HB 1122 clarifies which state's laws apply to different types of securities transactions under South Dakota's commercial code. The bill specifies that an issuer's home state governs the validity and transfer of securities, a securities intermediary's customer's home state governs their account rights, and the location of a physical security certificate determines whether someone can challenge ownership claims against the certificate holder.
Amend the maximum fee limit due when applying for a county drainage permit.
County drainage boards will no longer be limited to charging a maximum of $100 for drainage permits; instead, they can set permit fees based on their actual administrative costs with no upper limit. The bill removes the $100 cap that currently exists in state law, giving counties more flexibility to cover the full cost of reviewing and managing drainage permit applications.
Require customer consent for installation of a smart meter for a utility service.
South Dakota utilities would be prohibited from installing smart meters in customers' homes without first obtaining written consent from the customer. The bill amends existing utility regulations to add this customer consent requirement, giving residents the ability to opt out of having these electronic meters installed on their property.
Protect landowners from the use of deception, fraud, harassment, intimidation, misrepresentation, or threat, in acquiring easements or easement options.
This bill protects South Dakota landowners from deceptive or aggressive tactics when companies try to buy easements (rights to use land for things like pipelines or power lines) by making it illegal for utility or private company employees to use fraud, intimidation, threats, or misrepresentation during negotiations. If a court finds these illegal tactics were used, it can void the easement agreement, return any payment to the company, or award the landowner up to three times the compensation as damages, plus attorney fees. The bill also requires utilities to face additional penalties if they knowingly allowed or participated in such misconduct.
Prohibit processing of industrial hemp by extraction.
South Dakota currently allows industrial hemp processors to use extraction methods like distillation and pressure to create products from hemp plants. This bill prohibits those extraction processes, though it allows some exceptions for naturally occurring cannabinoids processed without chemical catalysts and non-psychoactive cannabinoids.
Revise provisions relating to licensing fees and license renewal dates for the practice of barbering and to declare an emergency.
South Dakota barbers must now renew their licenses by May 31st instead of July 1st, with licenses expiring June 1st instead of June 30th. The bill also increases the maximum licensing fees that the Board of Barber Examiners can charge, including raising the exam fee cap from $100 to $300, the renewal fee from $80 to $300, and the certificate restoration fee from $20 to $35 (plus penalties). The bill declares these changes an emergency, meaning they take effect immediately upon the governor's signature.
Prohibit the exercise of the right of eminent domain for the construction of certain facilities.
South Dakota will prohibit companies from using eminent domain to build pipelines that transport carbon dioxide or hydrogen, even if they obtain other required permits and approvals. The bill also clarifies that utility companies using eminent domain for transmission lines are not automatically granted federal eminent domain rights. This removes eminent domain authority specifically for carbon dioxide and hydrogen pipelines while preserving it for other types of pipelines and transmission lines.
Prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.
This bill prohibits South Dakota financial institutions from using special firearms merchant codes to identify or track gun and ammunition sales—essentially banning them from labeling transactions to flag firearms dealers or purchases. Violators face civil penalties. The law prevents banks, credit unions, and payment processors from flagging or monitoring these transactions, even for their own internal purposes.
Reduce the megawattage requirement for energy conversion facilities governed by chapter 49-41B.
SB108 lowers the minimum size requirement for power plants that need state approval from 150 megawatts down to an unspecified lower threshold (the exact new number isn't shown in this excerpt). This means smaller electricity generation facilities will now need to go through South Dakota's Public Utilities Commission review process that was previously only required for larger plants.
Modify renewal fee requirements for an on-sale liquor licensee whose business premises have been annexed into a municipality of the first class.
When a liquor bar or restaurant with an on-sale license gets annexed into a first-class city, this bill allows the city to charge a renewal fee based on the city's population—rather than the smaller population the business had before annexation. This prevents the renewal fee from jumping dramatically just because the business's legal jurisdiction changed, while still allowing cities to charge appropriate fees for their new licensees.
Exempt a motor vehicle insurer from a certain title fee.
SB 135 exempts motor vehicle insurers from paying a $100 additional title fee when they take ownership of a vehicle after paying out an insurance claim. Currently, South Dakota charges this extra fee to out-of-state owners without a South Dakota driver's license or address, but this bill removes that requirement for insurers handling covered loss claims.
Include certain types of vehicles in the abandoned titling process.
Senate Bill 174 expands South Dakota's abandoned vehicle titling process to include boats, mopeds, off-road vehicles, and snowmobiles in addition to traditional automobiles and motorcycles. The bill updates the legal definition of "motor vehicle" to specifically list these additional vehicle types so they can be processed through the same abandoned titling procedures that currently apply to cars and trucks.
To require age verification before an individual may access an application from an online application store.
South Dakota will require online application stores (like Apple's App Store or Google Play) to verify a user's age before allowing access to apps, and to share age category information with app developers so they can enforce age-appropriate content restrictions. The law creates new definitions for age categories (children under 13, younger teenagers 13-15, older teenagers 16-17, and adults 18+) and requires app stores to display age ratings and content descriptions to help users understand what's appropriate for each age group. This is a new requirement with no existing state law on this topic to replace.
Require the acceptance of a cash payment for admission to a school-affiliated event.
South Dakota schools must accept cash payments for admission to school events like sports games, plays, and concerts on the day of the event. If a school refuses to take cash from someone who has enough money to pay, the school must let that person in for free (as long as seats are available). This applies to all school districts and private schools charging less than $200 per ticket.
Provide rulemaking authority for the licensure of fishing guides, hunting guides, and outfitters, and to provide a penalty.
South Dakota's Game, Fish and Parks Commission will now have the authority to create licensing rules for fishing guides, hunting guides, and outfitters. The rules must cover eligibility requirements (including residency), license fees, liability insurance, inspection procedures, and grounds for denying or revoking licenses. This establishes a new regulatory framework where the commission sets the specific standards these professionals must meet to operate legally in the state.
Increase weights and measures inspection fees charged by the Department of Public Safety.
This bill increases inspection and testing fees that the Department of Public Safety charges for weights and measures compliance. Specifically, the fee for testing liquefied petroleum gas devices rises from $68 to $100, and the inspection fee for liquefied petroleum gas plants increases from $94 to $150. The bill also clarifies that these fee revenues go into the general fund to help support the inspection program.
Increase licensure fees related to the practice of funeral service and cremation.
HB1015 increases the maximum fees that the State Board of Funeral Service can charge for licenses and applications. Specifically, it raises the cap on annual funeral service practice renewal fees from $100 to $225 and increases the cap on funeral establishment application fees from $200 to $350.
Modify medical cannabis certification requirements.
HB1055 modifies the requirements for doctors to certify patients for South Dakota's medical cannabis program by clarifying that practitioners must complete a medical history assessment and in-person physical exam at the initial visit, and the patient must be under the doctor's ongoing care for their qualifying medical condition. The bill also refines what counts as an "allowable amount" of cannabis patients can possess, including up to three ounces plus cannabis products, and allows patients with cultivation permits to grow up to four plants and possess additional cannabis produced from those plants at their home.
Prohibit the preparation, sale, and distribution of certain kratom products and to provide a penalty therefor.
South Dakota will prohibit the preparation, sale, and distribution of certain kratom products, making it illegal to make or sell these items in the state. The bill adds kratom to the state's drug control laws under Chapter 34-20B, treating violations as a criminal offense with penalties attached.
Prohibit the reporting of medical debt to a consumer reporting agency and to provide a penalty therefor.
Medical debt collectors and creditors in South Dakota are banned from reporting medical debt to credit reporting agencies, with violations punishable as a Class 2 misdemeanor. Additionally, hospitals must stop collection efforts while a patient appeals an insurance denial and must first check if the patient qualifies for the hospital's financial assistance program before pursuing collection.
Regulate vapor products and to provide a penalty therefor.
This bill creates a new licensing system for businesses that sell vaping products in South Dakota, requiring vapor product distributors to obtain state licenses before selling these products for resale. Vapor product retailers must also register with the Department of Revenue, and the law defines "vapor products" as devices containing nicotine liquid that produce vapor when heated. Businesses that violate these registration and licensing requirements will face penalties.
Modify provisions pertaining to improper collection of fees relating to assistance or referrals in a veterans benefits matter.
This bill prohibits people from charging fees for helping veterans apply for or obtain veterans benefits, or for referring veterans to someone who provides such help. The only exception is for attorneys who split fees with other attorneys according to professional conduct rules. Violations are treated as deceptive trade practices under South Dakota consumer protection law.
Establish a moratorium on the construction of carbon dioxide pipelines in this state.
South Dakota would establish a temporary freeze on new carbon dioxide pipelines until the federal government creates final safety rules for them. The state would only allow CO2 pipeline permits once federal pipeline safety standards are finalized and the state verifies any new application meets those standards plus any additional state safety requirements. The bill takes effect immediately upon passage.
Require the submission of medical, dental, and pharmaceutical claims data to the Division of Insurance and to establish a health care data system.
HB1102 eliminates several outdated insurance data reporting requirements and creates a new statewide health care data system where health insurers and dental insurers must submit claims information to the Division of Insurance. This centralized database will be used to help the government, insurers, and health care providers analyze costs, quality, access, and performance across South Dakota's health care system.
Prohibit the use of a diversity, equity, or inclusion program in a law enforcement agency.
South Dakota law enforcement agencies would be prohibited from operating diversity, equity, or inclusion (DEI) programs under this new law. Agencies cannot require employees to attend DEI training, spend public money on DEI initiatives, hire DEI coordinators, or contract with organizations that promote such programs. The law defines DEI programs as any practice that provides preferential treatment or classifies people based on race, color, religion, sex, ethnicity, or national origin.
Update and repeal provisions related to the reporting of hospital charge information.
This bill streamlines hospital charge reporting requirements by clarifying that hospitals must report charge data annually to the South Dakota Association of Healthcare Organizations and specifying what information must be included (discharge numbers, average costs, insurance payment details, etc.). The bill removes a separate requirement for the Association to develop a public web-based reporting system, though hospitals will still need to report the same information to the state health department under rules to be created.
Require an environmental impact statement from applicants seeking a carbon dioxide transmission facility permit from the Public Utilities Commission of the State of South Dakota.
Companies seeking permits to build carbon dioxide transmission pipelines in South Dakota must now submit an environmental impact statement to the Public Utilities Commission as part of their application. The bill also increases the maximum fee the Commission can charge applicants from one-quarter of one percent to one-half of one percent of the first $100 million in estimated construction costs, allowing the state to recover more of its costs in reviewing these large projects.
Require an affidavit of succession for purposes of succeeding to the ownership of an abandoned mineral interest.
When a surface owner wants to take over an abandoned mineral interest, this bill requires them to file an additional legal document called an "affidavit of succession" with the county register of deeds, in addition to the existing requirements of publishing notice and mailing notice to the mineral interest owner. The bill also clarifies that failing to file a claim within the original deadline doesn't automatically abandon a mineral interest if the owner files within 60 days after the notice period ends.
Revise and repeal provisions related to agricultural production facilities and to provide a penalty therefor.
SB 14 updates South Dakota's theft penalties by revising the dollar thresholds used to determine the felony class for stolen property, and it modifies definitions related to agricultural production facilities. The bill also repeals three sections of law (§21-60-1 through §21-60-3) related to agricultural production, though the specific content of those repealed sections is not shown in the excerpt provided.
Revise provisions relating to the promulgation of rules to set licensing and inspection fees for plumbers and related professions.
SB 24 updates how South Dakota's State Plumbing Commission sets fees for plumbers and related tradespeople by requiring the commission to follow proper rule-making procedures under state law. The bill reorganizes and clarifies which license types (like plumbing contractors, water conditioning installers, and appliance contractors) have their fees established through this formal rule-making process rather than other methods.
Clarify the adoption and use of the plumbing code.
South Dakota's State Plumbing Commission will now have clearer authority to set and update plumbing standards through its rulemaking process, rather than being locked into a specific version of the national plumbing code. The bill keeps the 2015 Uniform Plumbing Code as the baseline standard but allows the Commission to adopt amendments and revisions as needed to protect public health and safety. This gives the state more flexibility to update plumbing requirements without needing new legislation each time standards change.
Reduce employer contribution rates and increase the administrative fee rate for reemployment assistance.
SB 26 lowers the employer contribution rates that fund South Dakota's unemployment insurance (called reemployment assistance) by reducing rates across all three tax schedules by 0.5 percentage points. The bill also increases the administrative fee rate that employers pay to support the program's operations. These changes are intended to provide tax relief to employers while maintaining adequate funding for unemployment benefits and program administration.
Clarify the wholesale purchase price of tobacco products.
South Dakota's tobacco tax law is being clarified to explicitly define "wholesale purchase price" as the price a manufacturer charges a distributor or wholesaler, excluding any discounts or reductions. The bill also makes minor grammatical corrections to the existing tax code without changing how the 35% tax on tobacco products is actually calculated or applied.
Establish a timeframe within which a remote seller and marketplace provider must register and remit sales tax.
SB 43 gives remote sellers and marketplace providers a 30-day grace period after they meet South Dakota's sales tax threshold before they must register and start remitting sales tax. Instead of registering immediately upon hitting the threshold, they now have until the first day of the first month that begins at least 30 days after they qualify. This change provides businesses additional time to set up their tax compliance systems before their registration obligation kicks in.
Clarify eligibility for licensure as a video lottery operator.
This bill clarifies the rules for who can get a license to operate video lottery machines in South Dakota by specifying that operators must be state residents or publicly traded companies that were already licensed before 1997. The bill also updates the language to make clear that video lottery operators must meet the same eligibility requirements as other lottery businesses, including passing a background investigation along with their partners, managers, and major shareholders.
Add questions about historical property to seller's disclosure statement.
SB171 requires sellers to answer additional questions about whether a property has historical significance or is listed on any historical registers as part of the standard property disclosure form they give to buyers. This change adds transparency to real estate transactions by ensuring potential buyers know if a property has special historical status that might affect its value, restrictions, or maintenance requirements.
Create provisions governing litigation financing.
SB 175 creates a new chapter of state law to regulate litigation financing—agreements where outside companies provide money to consumers pursuing lawsuits in exchange for a share of any settlement or judgment. The law defines key terms like "consumer," "litigation finance entity," and importantly establishes protections against foreign entities of concern (including those linked to adversarial nations or terrorist organizations) from participating in South Dakota litigation financing.
Modify the annual fee for concentrated animal feeding operations and to establish an application fee.
HB1021 creates new annual fees for concentrated animal feeding operations based on the type and number of animals they raise, with fees per animal ranging from $0.0011 per chicken to $0.343 per dairy cow starting July 1, 2025. The bill also establishes a separate application fee for operations that need water pollution control permits with nutrient management plans. These fees will help fund the state's oversight of large-scale livestock operations and their environmental compliance.
Prohibit the misbranding of any cell-cultured protein product.
South Dakota is clarifying its food labeling rules to prohibit misleading labels on cell-cultured protein products (lab-grown meat alternatives). The bill updates the existing definition of "misbranded" food to ensure these products are labeled truthfully and not marketed under false or deceptive names. This protects consumers by requiring clear identification of what they're actually buying.
Modify the requirements for obtaining an agricultural processor's lien.
Agricultural processors who use machinery to harvest and process crops can claim a lien (legal claim) on the crop to secure payment for their work, and this bill simplifies the filing process by requiring them to submit a written statement to the Secretary of State instead of filing separate accounts with county registers of deeds. The bill also streamlines what information must be included in that statement while keeping the same basic requirements about what work was done, the agreed price, and which land the crop came from.
Repeal the alternate realty improvement contractor's excise tax.
This bill eliminates the 2% excise tax that contractors currently pay on realty improvement project gross receipts. The repeal removes the tax collection rules that allowed contractors to report and pay this tax on either an accrual or cash basis.
Require an ownership disclosure for any non-individual entity that exercises eminent domain.
When corporations, groups, or other non-individual entities use eminent domain to take private property in South Dakota, they must now publicly disclose who owns them, including the names and addresses of all members, owners, partners, or shareholders. This new requirement applies whenever such an entity files an eminent domain petition and ensures transparency about the real parties behind property seizures.
Exempt from the state sales and use tax gross receipts for certain services to a partnership.
South Dakota will no longer count guaranteed payments to certain partners as taxable income for state sales and use tax purposes. This exemption applies to payments made to individual partners, small corporations where only the owners work, and single-owner LLCs with no employees. The change reduces the tax base for businesses structured as partnerships by excluding these partner compensation payments.
Modify massage therapist licensure requirements and to create a penalty therefor.
South Dakota massage therapists must now include their license number in any advertisements for their services, and violating this requirement is a Class 1 misdemeanor. The bill also clarifies that unlicensed massage practice, operating a business that knowingly employs unlicensed practitioners, and falsely using massage therapy titles are all Class 1 misdemeanors, and changes massage therapy licenses to expire two years after issuance instead of automatically expiring on September 30th following issuance.
Subject lithium mining operations to certain provisions regarding permitting, annual reporting, disturbed land limitations, and mined land reclamation.
South Dakota lithium mining operations will now be subject to the same permitting, reporting, and land reclamation requirements that currently apply to other types of mining like sand, gravel, and rock extraction. Companies mining lithium will need to obtain annual licenses, comply with specific environmental standards, and be responsible for reclaiming disturbed lands. This change brings lithium mining under South Dakota's existing mining regulation framework rather than allowing it to operate under different rules.
Revise amounts for inspection fees for electrical installations.
South Dakota is increasing the maximum inspection fees that the State Electrical Commission can charge for various electrical installation projects. The changes raise fees for new residential installations (from $300 to $390), service connections (from $375 to $390), circuit installations (from $50 to $65), apartment buildings (from $50 to $150 per unit), and mobile home service (from $80 to $100 per unit).
Revise amounts for licensing fees for the practice of accountancy.
South Dakota is increasing the maximum licensing fee for certified public accountants from $50 to $100 per certificate issuance or renewal. The South Dakota Board of Accountancy will now have authority to set fees up to this new higher limit when it creates rules for regulating accountants in the state. This change allows the board more flexibility to adjust licensing costs to cover its administration and enforcement activities.
Revise Department of Transportation regulatory authority regarding aeronautics.
SB40 transfers most aeronautics responsibilities from the Aeronautics Commission to the Department of Transportation, but keeps the Commission's advisory, budgetary, and rule-making functions separate. The bill requires the Aeronautics Commission to establish rules for issuing and maintaining airport approval certificates, ensuring the Commission retains authority over airport regulatory decisions even as the Department handles day-to-day operations.
Address preauthorization requirements for certain health care services and utilization review requirements for certain health benefit plans.
Senate Bill 87 updates South Dakota's health insurance regulations to clarify what counts as an "adverse determination" when insurers deny or limit coverage for health care services. The bill defines adverse determinations to include denials based on medical necessity reviews, eligibility decisions, prospective or retrospective reviews, and coverage rescissions, ensuring insurers must follow consistent standards when making these decisions.
Restrict warrantless searches of a taxidermy business.
This bill protects taxidermists from warrantless searches by requiring Game, Fish and Parks officials to either get the business owner's permission or have a valid legal reason (like an emergency) before searching their premises. Previously, the law allowed inspections without restriction; now officials can only inspect written records during normal business hours without a warrant, and any physical search of the business requires consent or exigent circumstances. The bill maintains record-keeping requirements for taxidermists to track specimens they receive and return.
Prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies and to provide a penalty therefor.
This bill adds a new rule to South Dakota's consumer protection law making it illegal for pharmaceutical manufacturers and wholesale drug distributors to interfere with contracts between 340B entities (hospitals and health systems that buy drugs at discounted prices) and pharmacies. Violators would face penalties under the state's deceptive practices laws.
Require proof of workers' compensation insurance for contractors of public improvements.
Public construction projects in South Dakota must now require contractors and all their subcontractors to carry workers' compensation insurance, with this requirement applying even to projects that receive government funding like grants or tax increment financing. The Department of Labor and Regulation and the contracting agency gain authority to verify coverage and can request payroll records and subcontractor lists to ensure compliance and prevent fraud.
Increase the limit on the number of video lottery machines in a licensed establishment.
This bill increases the maximum number of video lottery machines that can be placed in a licensed establishment from 10 to 15 machines. The bill also makes minor updates to the language in state law regarding age restrictions and signage requirements for these establishments, but does not change those rules themselves.
Update references to certain federal motor carrier regulations.
South Dakota is updating its adoption of federal motor carrier safety regulations to reflect the most current versions as of January 1, 2025 (instead of 2024). The bill also clarifies that drivers operating certain smaller or lower-risk vehicles within South Dakota only need to be 18 years old (rather than 21), and exempts some intrastate drivers from federal medical certification requirements unless their employer requires it.
Update references in certain statutes to the 2024 standard building codes.
South Dakota is updating its building code standards by replacing references to the 2021 International Building Code with the 2024 edition in state law. This change applies to local government building ordinances for non-residential structures, ensuring they comply with the newer, current building standards published by the International Code Council. The update modernizes construction safety and design requirements across the state while preserving local governments' ability to modify the code for their own needs.
Repeal existing aircraft registration fees and establish a new schedule of aircraft registration fees.
South Dakota is replacing its current aircraft registration fee system with a new schedule that charges different fees based on aircraft type and specifications—ranging from $50 for gliders and antique aircraft up to $600 for jets and turboshaft helicopters. The bill eliminates three sections of old aircraft fee law and reorganizes how registration fees are structured to better distinguish between smaller, simpler aircraft and larger, more complex ones. This gives aircraft owners clearer categories for what they'll pay when registering their planes with the state.