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Repeal the requirement that an adult occupant of a motor vehicle in forward motion must wear a safety belt.

South Dakota's current law requires adult drivers and front-seat passengers to wear seat belts while driving on public roads. This bill repeals that requirement entirely, eliminating the seat belt law for adults in motor vehicles.

Modify laws regarding school bus safety and to provide a penalty therefor.

HB1094 clarifies and strengthens South Dakota's school bus safety rules by requiring drivers to slow to 15 mph or less (not just "reduce speed") when approaching a bus with amber warning lights on roads with fewer than two lanes per direction, and to maintain at least 15 feet distance when stopped for red lights. The bill also adds new penalties for violating these safety requirements, though the specific penalties are not detailed in the excerpt provided.

Modify requirements on the use of mobile electronic devices while driving.

South Dakota's ban on using mobile electronic devices while driving now includes a specific exception allowing drivers to contact emergency services (911, law enforcement, fire, or medical services) or report crimes, reckless driving, and hazardous road conditions using text messaging or calls. The law continues to prohibit handheld device use otherwise, requiring hands-free operation when allowed, and maintains exemptions for first responders and emergency workers performing their duties. This change clarifies that emergency communications are permitted even when a mobile device would normally violate the hands-free requirement.

Increase civil penalties for commercial driver violations.

This bill increases the civil penalties that South Dakota charges commercial drivers and their employers for three types of violations: exceeding weight limits, violating out-of-service orders, and other safety infractions. Specifically, the penalties go up by roughly $600–$1,200 depending on the violation type and whether it's a first or repeat offense. These higher fines are intended to encourage compliance with commercial vehicle safety regulations.

Modify requirements for a vehicle approaching a vehicle that is stopped or occupying the shoulder of the highway with warning lights flashing.

South Dakota drivers approaching a stopped emergency vehicle with flashing lights must now follow specific safety rules: merge into the farthest lane on multi-lane highways or slow down by at least 20 mph on two-lane roads, starting at least 300 feet before the vehicle. The bill expands these requirements to cover emergency vehicles using amber, yellow, or blue warning lights (not just red), and violations remain a Class 2 misdemeanor with a minimum $270 fine.

Revise and repeal certain provisions related to the wearing of a safety seat belt and to provide a penalty therefor.

South Dakota's seatbelt and child safety seat laws are being updated to increase penalties and clarify requirements. Violations for failing to properly restrain children under five years old or passengers ages 5-17 will now be Class 2 misdemeanors instead of petty offenses, making these infractions more serious. The bill also repeals an outdated provision and streamlines language in the safety restraint statutes.

Revise passenger limits for holders of restricted minor's driving permits.

Teenagers holding restricted minor's driving permits will face tighter passenger restrictions during their first six months of driving—they can only carry family members or people living in their household, with no exceptions. After six months, they can carry one non-family passenger under 18, but this restriction is lifted if a parent, guardian, or an experienced adult (at least 18 with one year of driving experience) from their household is also in the vehicle.

Revise and repeal provisions related to street racing prohibitions and to provide a penalty therefor.

SB 116 replaces South Dakota's street racing laws by repealing the existing prohibitions and creating new definitions and penalties for illegal racing activities like drag racing, drifting, burnouts, and doughnuts. The bill defines specific dangerous driving maneuvers—such as spinning wheels to create smoke, performing circular skids, or racing competitively on public roads—and establishes penalties for people who perform these acts.

Create a share the road bicyclist safety emblem for use on an emblem specialty plate.

South Dakota vehicle owners will be able to apply for a new specialty license plate featuring a "share the road bicyclist safety" emblem to show support for bicycle safety. This adds a fourth option to the state's emblem specialty plate program, which previously only offered organization, first responder, and organ donor plates. The change allows drivers to display this emblem on their vehicles in the same way they can use other specialty plates.

Establish the crime of aggravated careless driving and provide a penalty therefor.

This bill creates a new crime called "aggravated careless driving" for drivers who operate a vehicle carelessly while driving at least 20 miles per hour over the speed limit. Conviction is a Class 1 misdemeanor with a mandatory driver's license revocation of at least one year, though first-time offenders may get a limited license to drive to work, school, or counseling if they can prove financial responsibility.

Establish certain criminal offenses for boat operators and to provide penalties therefor.

South Dakota law will now criminalize three new boating offenses: operating a boat while impaired in a reckless manner that causes someone's death (watercraft homicide, a Class 3 felony), causing serious injury while impaired and reckless (watercraft battery, a Class 4 felony), and failing to stop and cooperate after a boating accident that injures or kills someone (a Class 6 felony). These new laws mirror existing drunk-driving crimes but apply them specifically to boat operators on the water.

Create a share the road specialty license plate.

South Dakota residents can now apply for special "share the road" license plates designed to raise awareness about bicycle safety, available for cars, pickup trucks, vans, motorcycles, and noncommercial vehicles. The state will charge a $10 administrative fee for these plates, with that money going into a special revenue fund, and the plates will be renewed annually like regular license plates.

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.

Update terminology related to ambulance operators.

South Dakota is updating the terminology used for ambulance personnel who operate emergency vehicles with blue lights. The bill replaces outdated terms like "ambulance driver" and "attendant" with the modern term "ambulance operator" throughout state law governing emergency vehicle equipment. This change standardizes the language while keeping the same rules about who can use blue lights and when they can use them.

Permit the operation of a Class I electric bicycle on the Mickelson Trail.

Class I electric bicycles will now be permitted on the Mickelson Trail, joining the existing exceptions for snowmobiles, government employees, rescue personnel, and self-propelled wheelchairs. The bill adds a new exception to South Dakota's current ban on motorized vehicles in the trail's right-of-way, defining Class I electric bikes according to state law standards. Violating the trail rules remains a Class 2 misdemeanor offense.

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.

Increase driver license fees.

South Dakota driver license fees are increasing: the application fee for an original or renewed license rises from $28 to $38, and the fee for a duplicate license, name change, or address change goes from $15 to $20. The bill also adjusts reinstatement fees for drivers whose licenses were suspended or revoked, with specific fee increases depending on the reason for the suspension.

Allow additional forms to verify military service for a veteran designation on a commercial driver license or commercial learner's permit.

South Dakota currently requires veterans seeking a "veteran" designation on a commercial driver's license to submit specific military discharge paperwork (DD-214 form or retired forms). This bill expands the accepted documents to include a National Guard form, a Uniformed Services ID card, and certificates from county veterans service officers, making it easier for veterans to prove their service. The bill also broadens the definition of who qualifies as a "veteran" to match the state's general veteran definition rather than requiring only honorably discharged service members.

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.