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Require certain firefighting equipment purchased by a fire department contain particular labeling.
Fire departments in South Dakota must only buy protective gear (like coats, gloves, and helmets) that clearly labels whether the equipment contains "forever chemicals" known as PFAS (perfluoroalkyl or polyfluoroalkyl substances). This new requirement gives firefighters and departments transparency about chemical exposure risks when purchasing safety equipment.
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.
Prohibit unauthorized access to certain multi-occupancy rooms.
This bill requires South Dakota public schools to designate all multi-occupancy bathrooms, changing rooms, and shower rooms for exclusive use by either females or males based on biological sex at birth. Students who do not identify with their biological sex designation must be offered access to single-occupancy unisex rooms or employee facilities as an alternative. The bill creates a new crime for unauthorized access to these designated multi-occupancy facilities.
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.
Repeal the expiration date for the 911 emergency surcharge increase.
South Dakota currently has a temporary increase to the 911 emergency surcharge that was set to expire on July 1, 2026. This bill makes that surcharge increase permanent by removing the expiration date, so the higher 911 fees will continue indefinitely rather than reverting to the previous rate.
Revise provisions related to human trafficking, to prohibit the obstruction of human trafficking enforcement, and to provide a penalty therefor.
SB 58 strengthens South Dakota's human trafficking laws by expanding the definition of "coercion" to include threats and patterns of behavior designed to frighten victims into compliance, and by making it illegal to knowingly obstruct or interfere with human trafficking enforcement efforts. The bill also clarifies that human trafficking of minors doesn't require proof of force, fraud, or coercion—any recruitment or transportation of someone under 18 for commercial sex acts or forced labor constitutes trafficking. Additionally, the law now penalizes people who financially benefit from human trafficking ventures, even if they don't directly participate in the trafficking itself.
Revise provisions relating to the delivery, possession with intent to deliver, and possession of unauthorized articles in a state correctional facility, and to provide a penalty therefor.
SB59 establishes specific felony penalties for inmates caught possessing prohibited items in state prisons, including alcoholic beverages, marijuana, drugs, cell phones, and weapons—with violations ranging from Class 6 felonies (for alcohol, marijuana, and drugs) to Class 4 felonies (for cell phones and electronic devices). The bill clarifies that only items directly issued by the Department of Corrections and used according to department policy are permitted, and requires any non-prohibited drugs to be prescribed in writing by authorized medical professionals for a defined period.
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.
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.
Establish the crime of hazing and to provide a penalty therefor.
South Dakota would create a new crime of hazing, making it a Class 1 misdemeanor to recklessly endanger someone's health or safety or cause extreme psychological distress as part of initiation into a school, college, or university organization. If the hazing causes serious bodily injury, it becomes a Class 6 felony, and the victim's consent is not a legal defense. The law excludes normal athletic practices and authorized military or law enforcement training.
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.
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.
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.
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.
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 and repeal provisions related to the 911 emergency surcharge and the 911 Coordination Board.
SB37 changes when public safety answering points (911 call centers) must submit their annual reports to the state board—moving the deadline from July 31st to March 31st each year, and shifting the reporting period from July-to-July to January-to-December. The bill also repeals an expiration date that was set to end a previous 911-related law on July 1, 2026, effectively making that law permanent.
Repeal enforcement provisions and modify requirements related to the fluoridation of public water supplies.
SB133 eliminates the requirement that water suppliers maintain a *minimum* fluoride level, replacing it with a maximum limit of 4.0 milligrams per liter, meaning fluoridation becomes optional rather than mandatory. The bill also removes enforcement provisions and eliminates the Public Health Advisory Committee's role in overseeing water fluoridation, transferring those responsibilities to the Department of Agriculture and Natural Resources.
Establish a biomonitoring pilot program for firefighters and to make an appropriation therefor.
South Dakota's Department of Public Safety will launch a pilot program to test firefighters for exposure to "forever chemicals" (perfluoroalkyl and polyfluoroalkyl substances) by collecting and analyzing blood samples from interested firefighters with at least one year of service. The department will share test results with participants, assess any health risks from elevated chemical levels, and identify whether certain regions of the state show higher exposure rates. This creates a new health monitoring program with no changes to existing law.
Expressing the Legislature's concern about the potential for a carbon oxide pipeline to become a weapon of mass destruction to be used by terrorists or unfriendly governments and urging the Public Utilities Commission to conduct risk assessments and establish stronger regulatory and security measures for carbon oxide pipelines to ensure adequate state, county, business, and family emergency response planning.
This resolution expresses the South Dakota Legislature's concern that carbon dioxide pipelines could be sabotaged or attacked by terrorists and cause mass casualties in nearby communities. Rather than changing existing law, it urges the Public Utilities Commission to conduct safety risk assessments and strengthen rules and security measures for these pipelines, and to ensure communities have adequate emergency response plans in place.
Make an appropriation for school security enhancement grants.
South Dakota will allocate $10 million to help public and nonpublic schools improve their physical security through grants of up to $2 million per year. Schools must first have completed a security assessment and established a trained behavioral threat assessment team to qualify for funding, which can be used to install items like access control systems, surveillance cameras, panic buttons, and improved locks and fencing. The Department of Public Safety will accept grant applications each year from July 1 to August 15 and may use some of the appropriated funds to administer the program.
Expand the safety zone within which hunting and trapping are restricted.
HB1236 expands the safety zone around occupied homes, churches, schools, and livestock operations where hunting and trapping are prohibited—increasing it from 660 feet to one-quarter mile (1,320 feet). This means hunters and trappers must stay farther away from these structures and areas before they can legally use firearms or traps on public rights-of-way.
Clarify the status of the Statewide One-Call Notification Board as an agency administered by the Department of Public Safety and the duties of the Board.
This bill clarifies that the Statewide One-Call Notification Board operates as a state agency under the Department of Public Safety's administration, while remaining independently responsible for hiring its own staff, managing its own budget, and carrying out its core functions. The Department of Public Safety is designated to provide support and help coordinate the statewide one-call notification system, but the Board retains control over its own operations and spending decisions.
Modify provisions related to emergency medical services personnel and to declare an emergency.
This bill expands who can supervise emergency medical services advanced life support personnel at ambulance services with hardship exemptions, allowing physician assistants and nurse practitioners to provide supervision in addition to physicians. The bill also reorganizes which licensed professions fall under South Dakota's general licensing oversight rules by adding emergency medical technicians and responders while renumbering other professions.
Revise the annual reporting period for public safety answering points.
Public safety answering points (911 dispatch centers) must now submit their annual reports by January 31st instead of July 31st, and the reports must cover the period from January 1st through December 31st instead of July through July. This change aligns the reporting deadline and fiscal year with the calendar year rather than a mid-year cycle.
Provide for conscience exemptions from certain vaccinations.
South Dakota law currently requires people suspected of having serious diseases like tuberculosis or smallpox to accept medical treatment, with violations being a crime. This bill adds a new "conscience exemption" that allows individuals to refuse treatment for diseases subject to public health emergencies based on their personal beliefs about right and wrong, and prohibits employers and schools from taking disciplinary action against those who exercise this exemption. The bill essentially creates a legal protection for people who reject certain medical treatments on grounds of conscience during declared health emergencies.
Recognizing emergency medical services personnel and supporting efforts to acknowledge emergency medical service as an essential public service.
This concurrent resolution officially recognizes emergency medical services (EMS) personnel as providing essential public services and expresses legislative support for prioritizing EMS funding and staffing. The resolution does not change any existing laws but instead calls attention to challenges like unstable funding and shrinking volunteer workforces in rural areas, while encouraging the state to treat EMS as a critical healthcare service.
Update the roles of the Department of Agriculture and Natural Resources and the Department of Public Safety regarding burning and burn permit issuing authority.
This bill shifts responsibility for issuing burn permits in the Black Hills Forest Fire Protection District from the Department of Public Safety back to the Department of Agriculture and Natural Resources, along with the U.S. Forest Service supervisor. The change clarifies which state agency handles wildland fire permitting by removing Public Safety's burn permit authority while keeping their other fire-related duties.
Make an appropriation for costs related to the suppression of wildfires impacting the state and to declare an emergency.
This bill provides $2.6 million in emergency funding to pay for wildfire suppression costs that South Dakota has already incurred. The money comes from the state's general fund and goes into a special account for fire suppression expenses, with the Department of Public Safety overseeing the payments.
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.
Establish provisions related to the sharing of information with the national marrow donor program.
This bill requires the Department of Public Safety to give people an option to consent to sharing their personal information with the National Marrow Donor Program when they apply for or renew a driver's license or identification card. The department must then electronically send the information of people who consent (including their name, address, birth date, and phone number) to the National Marrow Donor Program monthly so they can enroll in the bone marrow donor registry. The bill also updates existing law to specifically mention the National Marrow Donor Program alongside organ donation information that the state already distributes.
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.