Search Bills

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.

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.

Establish the minimum compensation for an easement obtained through the exercise of eminent domain for a project affecting multiple landowners.

When the government uses eminent domain to obtain easements (like for pipelines or power lines) from multiple landowners on the same project, this bill requires that every landowner receive compensation equal to the highest price the government negotiated with any other landowner for a similar easement on that same project. This change removes easements from the standard jury trial process for determining compensation and instead sets a minimum payment standard based on whatever the best deal was for comparable easements.

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.

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.

Authorize a law enforcement officer to temporarily detain an individual who is reasonably suspected of committing a crime and to provide a penalty therefor.

This bill gives law enforcement officers the legal authority to briefly stop and question someone they reasonably suspect of committing a crime, and requires that person to provide their name (and optionally their address and birth date). The detention can last no longer than 60 minutes and must stay in the immediate area where the stop occurred, unless the person is arrested; refusing to give your name becomes a Class 2 misdemeanor offense.

Revise certain provisions related to the rights and obligations of a father of a child born to an unmarried mother.

This bill changes how unmarried fathers establish legal rights to their children born outside of marriage. Instead of requiring a father to publicly acknowledge the child and formally adopt it, the new law automatically recognizes a father's parental status if he does any one of three things: takes the child into his household, contributes financially to the child's support, or helps supervise and care for the child. Once established, the father's relationship to the child is treated the same as if the child were born to a married couple, without needing to follow additional adoption procedures.

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.

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.

Establish protections for a veteran seeking assistance in a veterans' benefit matter.

HB1238 requires anyone who helps veterans apply for federal or state veterans benefits to provide a written agreement upfront that clearly states what services they'll provide and how much they'll charge. The agreement must also disclose that the service provider is not affiliated with the Department of Veterans Affairs, and the provider must keep a copy of the signed agreement for at least one year after services end.

Require an ownership disclosure for any non-individual entity that exercises eminent domain.

When non-individual entities like corporations or groups use eminent domain to take private property, they must now file a detailed ownership disclosure along with their petition. The disclosure requires the entity to reveal its legal name, address, registered agent information, proof of legal status, and the names and addresses of all owners, members, partners, or shareholders with a stake in the company.

Establish protections for state employees who report improper governmental conduct and crime.

This bill creates new legal protections for state employees who report crimes, misconduct, or conflicts of interest to their supervisors or appropriate authorities. State employees who make such reports in good faith will be protected from retaliation, discrimination, or adverse employment actions by their employers. The protections apply to reports made internally within state government or to law enforcement and other proper authorities.

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 provisions related to forensic medical examinations.

South Dakota counties must now pay the full cost of forensic medical exams for sexual assault victims, with the law explicitly spelling out what services are covered—including physical exams, evidence collection, drug and alcohol screening, lab tests for STDs, medications, and imaging services. This clarifies and expands the definition of what counties must fund when victims receive these exams at hospitals or clinics.

Revise a provision related to civil commitment following a determination of mental incompetency.

HB 1060 clarifies that when a court determines a defendant found mentally incompetent has a good chance of becoming competent within a year, the court **must** order them into a restoration program (rather than simply having the option to do so). The bill also specifies that defendants not considered dangerous to others can be placed on outpatient status for this restoration, giving courts more flexibility in how they handle these cases.

Provide immunity for off-duty law enforcement officers who perform a citizen's arrest or assist with a lawful arrest.

Off-duty law enforcement officers are now shielded from criminal charges and lawsuits when they make a citizen's arrest or help someone else make a lawful arrest. This new immunity applies only when the officer is acting in their personal capacity while off-duty, not as part of their official job responsibilities.

Establish provisions related to the disclosure of COVID-19 vaccination status and blood donations.

Blood donation centers in South Dakota must ask donors whether they've received a COVID-19 vaccine and label blood bags from vaccinated donors with that information (without revealing the donor's identity). Patients needing non-emergency blood transfusions can request blood from unvaccinated donors, and hospitals must honor that request if such blood is available.

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.

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.

Require that public entities submit to forensic accounting in cases of financial misconduct.

When the Department of Legislative Audit finds probable cause that a state agency, public institution, or other government entity has committed fraud, embezzlement, or misappropriation of public funds, that entity must undergo a forensic audit to examine all financial transactions, evaluate internal controls, and document any misconduct or irregularities. The audit can be conducted by the Department of Legislative Audit itself or by an independent forensic accounting expert, and the results must be publicly reported. The public entity being audited must pay all costs associated with the forensic investigation.

Provide immunity for security personnel of a religious organization.

This bill protects volunteer security personnel at churches, synagogues, and other houses of worship from being sued for civil damages when they provide security services—including using force to protect people at religious gatherings. The immunity applies whether the security personnel use deadly force or other types of force, but does not protect them if their actions were unreasonably reckless, grossly negligent, or intentionally harmful.

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.

Establish mandatory reporting requirements related to improper governmental conduct and crime, and to provide a penalty therefor.

State employees with supervisory responsibilities must now report to the attorney general and state auditor if they suspect another state employee of committing a felony, engaging in fraud or misuse of office, or violating conflict-of-interest laws. Failing to make such a report is a Class 6 felony, and the attorney general must annually report to the legislature how many reports were received and what happened to each one. This creates a new mandatory reporting requirement that didn't previously exist in state law.

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.

Allow an applicant to have an interpreter present during the driving portion of a driver license exam.

South Dakota driver's license applicants who are not native English speakers can now bring their own interpreter during both the written test and the driving test portions of the exam, though they must pay for the interpreter themselves. While driving test instructions will still be given in English, the interpreter can be present to help translate during that portion. This expands current law, which only allowed interpreters for the written knowledge test.

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.

Clarify the Interim Rules Review Committee's oversight of emergency rulemaking.

This bill requires the Interim Rules Review Committee to hold an emergency meeting within 72 hours to approve any new emergency rules before they can take effect, where the committee will check that the agency followed proper procedures, that the rule is actually necessary, and that emergency rulemaking isn't being misused. The bill also allows the committee to conduct these emergency meetings by teleconference and requires at least 24 hours' public notice before such meetings.