This bill clarifies the theft law for contractors, subcontractors, and suppliers who misuse money or property entrusted to them for real estate improvements. Under the revised law, these workers commit theft if they take property they received for improvement work and use it for purposes other than paying for labor, materials, or skills needed for that project. Penalties for this theft offense are now tied to South Dakota's standard theft penalties rather than any separate provision.
This amendment significantly **narrows and simplifies** the theft statute by removing the specific "$500 proceeds" threshold and the detailed requirement that unpaid labor/materials accounts remain outstanding, instead making it a general theft offense for any contractor who misappropriates property entrusted to them for improvement work. The change also eliminates the provision protecting contractors from liability for withholding funds pending work completion and removes references to mines and public utilities, focusing the law solely on real estate improvements.
Other amendments
Signed by the Governor H.J. 578
Delivered to the Governor H.J. 534
Signed by the President S.J. 486
Signed by the Speaker H.J. 516
Senate Do Pass Passed, YEAS 31, NAYS 3. S.J. 445
Senate Remove from Consent Calendar S.J. 426
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 4, NAYS 0.
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 232
House of Representatives Do Pass Passed, YEAS 46, NAYS 19. H.J. 263
House of Representatives Deferred with pending amendment (Rule 5-17) H.J. 248
House of Representatives Remove from Consent Calendar H.J. 238
Judiciary Certified uncontested, placed on consent H.J. 10
Judiciary Do Pass Passed, YEAS 11, NAYS 0. H.J. 10
Judiciary Scheduled for hearing H.J. 1
First read in House and referred to House Judiciary H.J. 36
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Do Pass
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass