Changes to Existing Law

26.2.9 26.2.10 101st Legislative Session 81 2026 South Dakota Legislature Senate Bill 81 Introduced by: Senator Howard Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to clarify the prohibition on injuring or harassing a service animal. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 40-1-38 be AMENDED: 3 40-1-38. No person may maliciously beat, injure, attempt to injure, harass, 4 intimidate, entice, distract, or otherwise interfere with any service animal accompanying 5 a person with a disability if the service animal is being controlled by the person and the 6 service animal is wearing a harness or other control device normally used for service 7 animals accompanying or leading persons with disabilities. disability. A violation of this section is a 8 Class 2 1 misdemeanor. 9 For purposes of this section, "service animal" means a dog that is trained to do 10 work or perform tasks for the benefit of an individual with a disability, as set forth in 28 11 C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are 12 directly related to the individual's disability. The crime deterrent effects of a dog's 13 presence and the provision of emotional support, well-being, comfort, or companionship 14 do not constitute work or tasks. 15 26.2.10 2 81 SB81 ENROLLED An Act to clarify the prohibition on injuring or harassing a service animal. I certify that the attached Act originated in the: Senate as Bill No. 81 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. 81 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