Search Bills

Revise provisions related to the stenographic recording of certain proceedings.

This bill updates the rules for how magistrate courts record trial proceedings by replacing references to "electrical devices" with the more modern term "electronic device" for recording. The changes apply to both magistrate courts and clerk magistrate courts, and the rest of the rules stay the same—parties can still request stenographic (written) reporting at their own cost, and appeals without a record remain de novo (starting fresh in circuit court).

Revise juror qualifications.

South Dakota's juror qualification law is being reorganized and clarified to make it easier to understand, listing requirements as a numbered checklist (citizenship, age 18-69, sound mind, and English language ability) rather than in paragraph form. The bill also explicitly protects people with visual or hearing impairments from being excluded from jury service based solely on those disabilities.

Revise a provision related to notice by registered or certified mail of a small claims action.

This bill clarifies South Dakota's small claims court rules for notifying defendants when mail service fails. Specifically, it updates the language to make clear that notice is still valid even if a defendant refuses it, and it streamlines the process for what happens next—requiring the clerk to involve the sheriff or pursue other court-ordered methods of service at the plaintiff's expense. If all notification attempts fail after 90 days, the clerk can dismiss the case without prejudice, allowing the plaintiff to try again later.

Revise certain provisions related to proof of service of legal documents.

HB 1250 updates South Dakota's rules for serving legal documents by allowing service to be left with any person over 14 at the defendant's home or workplace, rather than requiring a specific relationship to the resident. The bill also modernizes the language describing how to prove service was completed (such as through affidavits or certificates) and adds a new option allowing service through private mailbox locations, where an employee must accept and forward the notice to the client.

Clarify the discovery procedures and powers and to modify the administration of the Government Operations and Audit Committee.

SB 176 expands the Government Operations and Audit Committee's investigative powers by allowing it to use civil court discovery procedures—like depositions, written questions, and document requests—in addition to its existing ability to subpoena witnesses and examine records. The bill also allows the committee to delegate these investigative and discovery powers to individual committee members or other designated individuals, provided that any subpoena is first approved by the Legislative Research Council's Executive Board.

Clarify a provision related to the award of punitive damages in a wrongful death action.

This bill clarifies South Dakota law on wrongful death lawsuits by explicitly stating that punitive damages (extra money meant to punish wrongdoing) cannot be awarded in these cases. The change makes clear that injured families can only recover actual financial losses from the death, not punishment damages, and overrides any court decisions that may have suggested otherwise.

Prohibit eligibility for a suspended imposition of sentence for certain rape offenses.

People convicted of certain types of rape offenses—specifically those involving force or lack of consent—are no longer eligible to receive a suspended imposition of sentence, which is a sentencing option that allows first-time felony offenders to avoid a judgment of guilt if they successfully complete probation. This change makes rape convictions an exception to the existing law that generally allows judges to suspend sentences for first-time felons.

Amend bond requirements.

HB1133 updates South Dakota's bond requirements for notaries public by clarifying that they must obtain an official seal and file their oath with the Secretary of State, while also repealing an outdated provision. The bill makes minor language changes to modernize how notaries register and maintain their bonds with the state.

Amend the bond requirement for certain municipal officers.

This bill clarifies the bonding rules for municipal officers by allowing cities to use blanket insurance coverage instead of requiring individual bonds for each officer. The bill also updates the language requiring municipal finance officers to maintain bonds based on the maximum money they handle, with caps of $250,000 for first-class cities and $150,000 for second and third-class cities—but again, only if the city doesn't have blanket coverage.

Revise presumptive probation.

SB57 expands the types of felonies that must receive presumptive probation by adding numerous offenses (like certain firearm thefts and identity theft crimes) to the list of crimes that were previously excluded from the probation requirement. Courts can still impose prison time instead of probation only if they document specific aggravating circumstances on the record that pose a significant public safety risk.

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.

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.

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.

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.

Revise provisions related to the establishment of an initial parole date.

SB64 expands the list of serious crimes that affect when inmates become eligible for parole, adding offenses like terrorism, aggravated kidnapping in the second degree, first degree murder, and attempted first degree murder of a law enforcement officer to the existing list. These additions ensure that prisoners convicted of these additional violent crimes follow the same parole eligibility rules as those already on the list, which typically impose stricter requirements before an initial parole date can be set.

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.

Modify the definition of a conviction for purposes of license revocation.

This bill clarifies what counts as a "conviction" for purposes of revoking hunting and fishing licenses in South Dakota, expanding the definition to include guilty pleas, nolo contendere pleas, and suspended sentences—not just final convictions. The bill also updates the license revocation procedures to require people convicted of game violations to surrender their licenses within fourteen days if they weren't present at sentencing. These changes make it easier for the Department of Game, Fish and Parks to revoke licenses based on a broader range of guilty outcomes.

Clarify the meaning of teleconference for purposes of open meeting requirements.

HB1059 clarifies that government bodies don't violate open meeting laws when members communicate by phone, video, or email solely to schedule or confirm attendance at future meetings. The bill updates the definition of what counts as an official "meeting" that must be open to the public, carving out an exception for these administrative coordination conversations.

Clarify which opinions must be included in the annual judicial opinions report prepared by the Legislative Research Council.

This bill clarifies which court opinions the Legislative Research Council must include in its annual report to lawmakers. The change narrows the focus to only South Dakota Supreme Court and federal court opinions that either conflict with what the Legislature intended or identify areas needing legislative action, replacing the previous broader language about interpreting legislative intent.

Provide opportunities for treatment courts for South Dakotans, create a workgroup to study rehabilitation programs, and declare an emergency.

HB1135 directs the South Dakota Legislature to expand treatment courts—programs that offer rehabilitation and treatment instead of traditional prosecution for certain offenders—to more South Dakotans. The bill also establishes a workgroup to study rehabilitation programs in the state and declares an emergency, though the bill text provided doesn't specify what programs the workgroup will examine or what specific changes treatment courts will implement.

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.

Provide that certain testamentary gifts given to a lawyer from a client are invalid.

This bill makes gifts in wills to a lawyer invalid unless the lawyer is closely related to the person writing the will (such as a spouse, child, or grandparent) and the gift is comparable to what other similarly-related people receive. The law prevents lawyers from preparing wills that give themselves or their relatives unusually large inheritances from clients, protecting people from being pressured into unfairly benefiting their lawyers. This new rule takes effect for wills signed on or after July 1, 2025.

Permit a sheriff to charge a fee for service of process, whether service is completed or not.

This bill allows South Dakota sheriffs to charge a fee for serving legal documents even if the service is unsuccessful or incomplete. Previously, sheriffs could only charge fees for documents that were actually served; now they can charge up to $50 for attempted service of most documents (summons, warrants, citations, etc.) and $95 for writs of execution, whether or not the person is located or served.

Revise the payor of autopsy costs in certain circumstances.

This bill clarifies when counties must reimburse each other for autopsy costs: a deceased person's home county must pay for an autopsy performed in another county, but only if the home county requested the autopsy or the accident occurred there. The bill also adds a new provision allowing counties to bill the deceased person's estate for autopsy costs if the death resulted from the person committing murder in the first degree.

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.

Revise exceptions to the imposition of a Class 2 misdemeanor when no other penalty is provided by statute.

This bill narrows the list of state law titles where courts can impose a Class 2 misdemeanor penalty as a default when a statute doesn't specify a punishment for breaking the law. Specifically, it removes Title 12 from the exception, meaning violations in that title will no longer automatically result in Class 2 misdemeanor charges if no other penalty is written into the statute.

Establish conditions a prospective condemnor must satisfy before commencing condemnation proceedings.

SB 198 requires entities seeking to take private property through eminent domain (condemnation) to meet certain conditions before starting legal proceedings. The bill aims to strengthen environmental protections in South Dakota, though the specific conditions are not detailed in the provided excerpt.

Modify provisions pertaining to the compensation of a recount board.

This bill gives local governments the power to set their own pay rates for recount board members, rather than requiring them to earn at least $25 per day or the state minimum wage. The bill also clarifies that recount board members receive mileage reimbursement based on actual miles traveled (after the first ten miles) rather than a fixed daily rate.

Revise and repeal provisions related to rape in the first degree and to provide a penalty therefor.

This bill increases the penalty for rape in the first degree (sexual assault of a child under 13) from a Class C felony to a Class B felony, making it a more serious offense. The bill also repeals an existing statute (§22-22-1.2) and makes related updates to rape laws, though the full scope of those changes is not completely visible in the provided excerpt.

Clarify the enactment and effective date of a measure initiated or referred within a political subdivision.

SB 13 standardizes the language used in state law to describe when voter-approved measures in cities and counties take effect, replacing outdated phrases like "become operative" and "take effect upon" with the clearer term "is effective." The bill specifies that initiated or referred ordinances and resolutions become effective the day after election results are officially canvassed, making the timing consistent across all four affected statutes.

Revise and clarify notice and hearing procedures of the Public Utilities Commission.

SB211 speeds up the notification timeline for people living near proposed utility facilities by reducing the notice period from thirty days to ten days after an application is filed. The bill also clarifies that the Public Utilities Commission can deny or return applications for material misstatements, incomplete filings, or non-compliance with state law, and standardizes some language in the notification requirements to ensure applicants mail notices by certified mail and include meeting details.

To provide for an interim study to examine the South Dakota criminal justice system with a focus on substance abuse, mental health issues, and corrections.

This resolution creates a special interim committee to study South Dakota's criminal justice system, focusing on how substance abuse and mental health issues drive crime and how corrections could be improved. The committee will examine recidivism rates, review successful programs from other states, and evaluate whether shifting substance abuse treatment from the criminal justice system to public health approaches could work in South Dakota. This is a study request, not a change to existing law.

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.