Changes to Existing Law

26.619.17 26.619.18 101st Legislative Session 137 2026 South Dakota Legislature Senate Bill 137 SENATE JUDICIARY ENGROSSED Introduced by: Senator Hulse Underscores indicate new language. Overstrikes indicate deleted language. An Act to establish procedures for anti-SLAPP actions to protect the exercise of a 1 person's constitutional rights, including freedom of speech. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 15: 4 Except as otherwise provided in section 2 of this Act, the provisions of this chapter 5 apply to a cause of action against a person based on the person's protected public 6 expression. For purposes of this chapter, "protected public expression" includes: 7 (1) Communication in a legislative, executive, judicial, administrative, or other 8 governmental proceeding; 9 (2) Communication on an issue under consideration or review in a legislative, 10 executive, judicial, administrative, or other governmental proceeding; or 11 (3) Exercise of the person's right of freedom of speech or of the press, the right to 12 assemble or petition, or the right of association, as guaranteed by the United States 13 Constitution or South Dakota Constitution, on a matter of public concern. 14 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 15: 15 The provisions of this chapter do not apply to a cause of action asserted: 16 (1) Against a governmental unit or an employee or agent of a governmental unit acting 17 or purporting to act in an official capacity; 18 (2) By a governmental unit or an employee or agent of a governmental unit acting in 19 an official capacity to enforce a law, rule, regulation, or ordinance to protect against 20 an imminent threat to public health or safety; or 21 (3) Against a person primarily engaged in the business of selling or leasing goods or 22 services, if the cause of action arises out of a communication or lack of 23 communication related to the person's sale or lease of the goods or services. 24 26.619.17 26.619.18 2 137 Underscores indicate new language. Overstrikes indicate deleted language. For purposes of this section, "goods or services" does not include the 1 advertisement, creation, dissemination, exhibition or similar promotion of an artistic, 2 dramatic, journalistic, literary, musical, or political work. 3 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 15: 1 4 No later than sixty days after a party is served with a complaint, crossclaim, 2 5 counterclaim, third-party complaint, or other pleading that asserts a cause of action to 3 6 which the provisions of this chapter apply, or at a later time upon a showing of good cause, 4 7 the party may file a special motion for expedited relief to dismiss the cause of action or 5 8 part of the cause of action. 6 9 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 15: 7 10 Except as otherwise provided in sections 5 and 6 of this Act, upon the filing of a 8 11 motion under section 3 of this Act: 9 12 (1) All other proceedings between the moving party and responding party, including 10 13 discovery and a pending hearing or motion, are stayed; and 11 14 (2) On further motion by the moving party, the court may stay a hearing or motion 12 15 involving another party, or discovery by another party, if the hearing or ruling on 13 16 the motion would adjudicate, or the discovery would relate to, an issue material to 14 17 the motion under section 3 of this Act. 15 18 A stay under this section remains in effect until entry of an order ruling on the 16 19 motion under section 3 of this Act and expiration of the time under section 11 of this Act 17 20 for the moving party to appeal the order. 18 21 During a stay under this section, the court must allow limited discovery if a party 19 22 shows that specific information is necessary to establish whether a party has satisfied or 20 23 failed to satisfy a burden under section 10 9 of this Act and the information is not reasonably 21 24 available unless discovery is allowed. 22 25 Except as otherwise provided in sections 5 and 6 of this Act, if a party appeals from 23 26 an order ruling on a motion under section 3 of this Act, all proceedings between all parties 24 27 to the action must be stayed. The stay must remain in effect until the conclusion of the 25 28 appeal. 26 29 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 15: 27 30 During a stay under section 4 of this Act, the court may hear and rule on: 28 31 26.619.18 3 137 Underscores indicate new language. Overstrikes indicate deleted language. (1) A motion unrelated to the motion under section 3 of this Act; and 29 1 (2) A motion seeking a special or preliminary injunction to protect against an imminent 30 2 threat to public health or safety. 31 26.619.17 3 137 Underscores indicate new language. Overstrikes indicate deleted language. Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 15: 1 4 A stay under section 4 of this Act does not apply to: 2 5 (1) A motion under section 12 of this Act for costs, attorney fees, and expenses; or 3 6 (2) A party's ability to voluntarily dismiss a cause of action or part of a cause of action, 4 7 or a motion to sever a cause of action. 5 8 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 15: 6 9 The court shall hear a motion under section 3 of this Act no later than sixty days 7 10 after the filing of the motion, unless the court orders a later hearing: 8 11 (1) To allow limited discovery under section 4 of this Act; or 9 12 (2) For other good cause. 10 13 If the court orders a later hearing under subdivision (1), the court must hear the 11 14 motion under section 3 of this Act no later than sixty days after the court order allowing 12 15 limited discovery, unless the court orders a later hearing under subsection (2), in which 13 16 case the hearing must be held in an expedited manner. 14 17 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 15: 15 18 In ruling on a motion under section 3 of this Act, the court shall consider the 16 19 pleadings, the motion, any reply or response to the motion, and any evidence that could 17 20 be considered in ruling on a motion for summary judgment. 18 21 Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 15: 19 22 In ruling on a motion under section 3 of this Act, the court shall dismiss with 20 23 prejudice a cause of action, or part of a cause of action, if: 21 24 (1) The moving party establishes under section 1 of this Act that the provisions of this 22 25 chapter apply; 23 26 (2) The responding party fails to establish under section 2 of this Act that the provisions 24 27 of this chapter do not apply; and 25 28 (3) Either: 26 29 26.619.18 4 137 Underscores indicate new language. Overstrikes indicate deleted language. (a) The responding party fails to establish a prima facie case as to each 27 1 essential element of the cause of action; or 28 2 (b) The moving party establishes that the responding party failed to state a 29 3 cause of action upon which relief can be granted, or there is no genuine 30 26.619.17 4 137 Underscores indicate new language. Overstrikes indicate deleted language. issue as to any material fact and the moving party is entitled to judgment 1 5 as a matter of law on the cause of action or part of the action. 2 6 A voluntary dismissal without prejudice of a responding party's cause of action, or 3 7 part of a cause of action, that is the subject of a motion under section 3 of this Act, does 4 8 not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney 5 9 fees, and expenses under section 12 of this Act. 6 10 A voluntary dismissal with prejudice of a responding party's cause of action, or part 7 11 of a cause of action, that is the subject of a motion under section 3 of this Act establishes, 8 12 for the purpose of section 12 of this Act, that the moving party prevailed on the motion. 9 13 Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 15: 10 14 The court shall rule on a motion under section 3 of this Act no later than sixty days 11 15 after a hearing under section 7 of this Act. 12 16 Section 11. That a NEW SECTION be added to a NEW CHAPTER in title 15: 13 17 A moving party may appeal as a matter of right from an order denying, in whole 14 18 or in part, a motion under section 3 of this Act. The appeal must be filed no later than 15 19 thirty days after entry of the order. 16 20 Section 12. That a NEW SECTION be added to a NEW CHAPTER in title 15: 17 21 The court shall award court costs, reasonable attorney fees, and reasonable 18 22 litigation expenses related to a motion filed under section 3 of this Act: 19 23 (1) To the moving party, if the moving party prevails on the motion; or 20 24 (2) To the responding party, if the responding party prevails on the motion and the 21 25 court finds that the motion was commenced frivolous or continued without filed solely with intent to delay the 26 proceeding. 27 Section 13. That a substantial 22 basis NEW SECTION be added to a NEW CHAPTER in fact title 15: 28 The provisions of this chapter must be broadly construed and law applied to protect 29 the exercise of the right of freedom of speech and could not be supported of the press, the right to assemble and 30 26.619.18 5 137 Underscores indicate new language. Overstrikes indicate deleted language. petition, and the right of association, guaranteed by a substantial argument for the 23 extension, modification, or reversal of existing law. 24 United States Constitution and 1 the South Dakota Constitution. 2

26.619.18 26.619.19 101st Legislative Session 137 2026 South Dakota Legislature Senate Bill 137 SENATE JUDICIARY ENGROSSED Introduced by: Senator Hulse Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to establish procedures for anti-SLAPP actions to protect the exercise of a 1 person's constitutional rights, including freedom of speech. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 15: 4 Except as otherwise provided in section 2 of this Act, the provisions of this chapter 5 apply to a cause of action against a person based on the person's protected public 6 expression. For purposes of this chapter, "protected public expression" includes: 7 (1) Communication in a legislative, executive, judicial, administrative, or other 8 governmental proceeding; 9 (2) Communication on an issue under consideration or review in a legislative, 10 executive, judicial, administrative, or other governmental proceeding; or 11 (3) Exercise of the person's right of freedom of speech or of the press, the right to 12 assemble or petition, or the right of association, as guaranteed by the United States 13 Constitution or South Dakota Constitution, on a matter of public concern. 14 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 15: 15 The provisions of this chapter do not apply to a cause of action asserted: 16 (1) Against a governmental unit or an employee or agent of a governmental unit acting 17 or purporting to act in an official capacity; 18 (2) By a governmental unit or an employee or agent of a governmental unit acting in 19 an official capacity to enforce a law, rule, regulation, or ordinance to protect against 20 an imminent threat to public health or safety; or 21 (3) Against a person primarily engaged in the business of selling or leasing goods or 22 services, if the cause of action arises out of a communication or lack of 23 communication related to the person's sale or lease of the goods or services. 24 26.619.18 26.619.19 2 137 Underscores indicate new language. Overstrikes indicate deleted language. SB137 ENROLLED For purposes of this section, "goods or services" does not include the 1 advertisement, creation, dissemination, exhibition or similar promotion of an artistic, 2 dramatic, journalistic, literary, musical, or political work. 3 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 15: 4 No later than sixty days after a party is served with a complaint, crossclaim, 5 counterclaim, third-party complaint, or other pleading that asserts a cause of action to 6 which the provisions of this chapter apply, or at a later time upon a showing of good cause, 7 the party may file a special motion for expedited relief to dismiss the cause of action or 8 part of the cause of action. 9 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 15: 10 Except as otherwise provided in sections 5 and 6 of this Act, upon the filing of a 11 motion under section 3 of this Act: 12 (1) All other proceedings between the moving party and responding party, including 13 discovery and a pending hearing or motion, are stayed; and 14 (2) On further motion by the moving party, the court may stay a hearing or motion 15 involving another party, or discovery by another party, if the hearing or ruling on 16 the motion would adjudicate, or the discovery would relate to, an issue material to 17 the motion under section 3 of this Act. 18 A stay under this section remains in effect until entry of an order ruling on the 19 motion under section 3 of this Act and expiration of the time under section 11 of this Act 20 for the moving party to appeal the order. 21 During a stay under this section, the court must allow limited discovery if a party 22 shows that specific information is necessary to establish whether a party has satisfied or 23 failed to satisfy a burden under section 9 of this Act and the information is not reasonably 24 available unless discovery is allowed. 25 Except as otherwise provided in sections 5 and 6 of this Act, if a party appeals from 26 an order ruling on a motion under section 3 of this Act, all proceedings between all parties 27 to the action must be stayed. The stay must remain in effect until the conclusion of the 28 appeal. 29 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 15: 30 During a stay under section 4 of this Act, the court may hear and rule on: 31 26.619.18 26.619.19 3 137 Underscores indicate new language. Overstrikes indicate deleted language. SB137 ENROLLED (1) A motion unrelated to the motion under section 3 of this Act; and 1 (2) A motion seeking a special or preliminary injunction to protect against an imminent 2 threat to public health or safety. 3 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 15: 4 A stay under section 4 of this Act does not apply to: 5 (1) A motion under section 12 of this Act for costs, attorney fees, and expenses; or 6 (2) A party's ability to voluntarily dismiss a cause of action or part of a cause of action, 7 or a motion to sever a cause of action. 8 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 15: 9 The court shall hear a motion under section 3 of this Act no later than sixty days 10 after the filing of the motion, unless the court orders a later hearing: 11 (1) To allow limited discovery under section 4 of this Act; or 12 (2) For other good cause. 13 If the court orders a later hearing under subdivision (1), the court must hear the 14 motion under section 3 of this Act no later than sixty days after the court order allowing 15 limited discovery, unless the court orders a later hearing under subsection (2), in which 16 case the hearing must be held in an expedited manner. 17 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 15: 18 In ruling on a motion under section 3 of this Act, the court shall consider the 19 pleadings, the motion, any reply or response to the motion, and any evidence that could 20 be considered in ruling on a motion for summary judgment. 21 Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 15: 22 In ruling on a motion under section 3 of this Act, the court shall dismiss with 23 prejudice a cause of action, or part of a cause of action, if: 24 (1) The moving party establishes under section 1 of this Act that the provisions of this 25 chapter apply; 26 (2) The responding party fails to establish under section 2 of this Act that the provisions 27 of this chapter do not apply; and 28 (3) Either: 29 26.619.18 26.619.19 4 137 Underscores indicate new language. Overstrikes indicate deleted language. SB137 ENROLLED (a) The responding party fails to establish a prima facie case as to each 1 essential element of the cause of action; or 2 (b) The moving party establishes that the responding party failed to state a 3 cause of action upon which relief can be granted, or there is no genuine 4 issue as to any material fact and the moving party is entitled to judgment 5 as a matter of law on the cause of action or part of the action. 6 A voluntary dismissal without prejudice of a responding party's cause of action, or 7 part of a cause of action, that is the subject of a motion under section 3 of this Act, does 8 not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney 9 fees, and expenses under section 12 of this Act. 10 A voluntary dismissal with prejudice of a responding party's cause of action, or part 11 of a cause of action, that is the subject of a motion under section 3 of this Act establishes, 12 for the purpose of section 12 of this Act, that the moving party prevailed on the motion. 13 Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 15: 14 The court shall rule on a motion under section 3 of this Act no later than sixty days 15 after a hearing under section 7 of this Act. 16 Section 11. That a NEW SECTION be added to a NEW CHAPTER in title 15: 17 A moving party may appeal as a matter of right from an order denying, in whole 18 or in part, a motion under section 3 of this Act. The appeal must be filed no later than 19 thirty days after entry of the order. 20 Section 12. That a NEW SECTION be added to a NEW CHAPTER in title 15: 21 The court shall award court costs, reasonable attorney fees, and reasonable 22 litigation expenses related to a motion filed under section 3 of this Act: 23 (1) To the moving party, if the moving party prevails on the motion; or 24 (2) To the responding party, if the responding party prevails on the motion and the 25 court finds that the motion was frivolous or filed solely with intent to delay the 26 proceeding. 27 Section 13. That a NEW SECTION be added to a NEW CHAPTER in title 15: 28 The provisions of this chapter must be broadly construed and applied to protect 29 the exercise of the right of freedom of speech and of the press, the right to assemble and 30 26.619.18 26.619.19 5 137 Underscores indicate new language. Overstrikes indicate deleted language. SB137 ENROLLED petition, and the right of association, guaranteed by the United States Constitution and 1 the South Dakota Constitution. 2 26.619.19 6 137 SB137 ENROLLED An Act to establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech. I certify that the attached Act originated in the: Senate as Bill No. 137 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 137 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State