This bill makes it a felony crime to knowingly sell, distribute, advertise, or give away items (including drugs, medicines, or instruments) intended to be used for an abortion that violates South Dakota's existing abortion ban. It also allows the state attorney general to sue violators for civil penalties up to $10,000 per violation, with collected money going to a state fund supporting abortion restrictions.
The amendment fundamentally redirects the bill from restricting abortion-inducing drugs shipped into South Dakota to broadly prohibiting the dispensing, distribution, sale, or advertisement of any articles or things usable for unlawful abortion, while removing the private wrongful death cause of action and replacing it with enforcement solely through the Attorney General's civil penalties (up to ten thousand dollars per violation). This shift dramatically broadens the bill's scope from targeting a specific category of drugs to encompassing virtually any object or advertisement that could be used for abortion, and centralizes enforcement power in the state rather than allowing individual citizens to sue.
The amendment restructured the bill by adding an amendment to existing law (§ 22-17-5.1 on administering abortion-inducing substances) as Section 1, making the prohibition on dispensing abortion-related items the new Section 2, and renumbering subsequent sections accordingly—this STRENGTHENS the bill by explicitly grounding the new restrictions in existing criminal abortion law rather than standing alone. The substantive changes to the bill's purpose are minimal; it maintains the Class 6 felony penalty, the ten thousand dollar civil penalty cap, and the attorney general's enforcement powers.
This is a formatting change converting the bill from engrossed (working draft) to enrolled (final passed) status, with no substantive changes to the bill's actual provisions—the document now includes standard legislative certification pages and signature lines for the Governor and Secretary of State.
Signed by the Governor H.J. 579
Delivered to the Governor H.J. 574
Signed by the President S.J. 528
Signed by the Speaker H.J. 560
House of Representatives Concurred in amendments Passed, YEAS 61, NAYS 6. H.J. 549
Senate Do Pass Amended Passed, YEAS 31, NAYS 2. S.J. 498
State Affairs Do Pass Amended Passed, YEAS 8, NAYS 1. S.J. 39
State Affairs Motion to amend S.J. 39
State Affairs Scheduled for hearing
First read in Senate and referred to Senate State Affairs S.J. 398
House of Representatives Do Pass Amended Passed, YEAS 61, NAYS 5. H.J. 426
State Affairs Do Pass Amended Passed, YEAS 10, NAYS 2.
State Affairs Motion to amend
State Affairs Motion to amend
State Affairs Scheduled for hearing
House of Representatives Referred to House State Affairs H.J. 294
First Reading House H.J. 220
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Cosponsors
Concurred in amendments
Do Pass Amended
State Affairs — Do Pass Amended
Do Pass Amended
State Affairs — Do Pass Amended