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make an appropriation for a non-residential, school-based, therapeutic services facility in Brown County and to declare an emergency.

South Dakota is appropriating $2 million to the Department of Education to fund a nonprofit organization that will build and operate a facility providing therapy and educational services to students in alternative school settings in Brown County. The nonprofit must have experience offering integrated education and mental health services through partnerships with schools, and cannot use the funds for residential care or inpatient treatment. The bill declares an emergency so the funding can take effect immediately.

revise provisions related to the practice of addiction counseling and prevention services.

HB 1029 reorganizes South Dakota's regulation of addiction counselors and prevention specialists by clarifying the Board of Addiction and Prevention Professionals' role in licensing, certifying, and disciplining these professionals. The bill expands the list of professional titles regulated under state law to include peer support specialists and various trainee and supervisee positions, and adds a new requirement that the board ensure practitioner competency and public safety. Key changes include streamlined examination requirements tied to national standards and updated disciplinary procedures for practitioners who violate professional standards.

reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.

South Dakota is reclassifying psilocybin from a banned Schedule I drug to a less-restricted Schedule IV controlled substance, but only when it's in a specific crystalline form approved by the FDA as a pharmaceutical product. This change allows FDA-approved psilocybin medications to be legally used in the state while keeping naturally occurring psilocybin illegal.

require that certain mental health information be submitted to and subsequently removed from the National Instant Criminal Background Check System.

South Dakota will now require prosecutors to report mental health records to the FBI's background check system within two hours (instead of seven days) when someone is found not guilty by reason of insanity or deemed incompetent to stand trial, allowing the system to flag these individuals as prohibited from purchasing firearms. The bill also establishes a process for removing this information from the national database once certain legal conditions are met. These reports will contain only identifying information, not medical details about diagnosis or treatment.

encouraging the Executive Board of the Legislative Research Council to form an interim legislative committee to study the role and function of county boards of mental illness.

This resolution asks the Legislative Research Council to create a committee that will study how county boards of mental illness operate, including their authority over involuntary commitments and their role in reporting to federal background check systems. The committee will examine whether current laws governing voluntary and involuntary commitment processes are working effectively and how they could better connect with national criminal background checks. This is a study request only—it doesn't change any current laws but directs lawmakers to investigate potential improvements to the mental health commitment system.

make an appropriation to implement the rural health transformation program, and to declare an emergency.

South Dakota receives $402 million in federal funding to support the rural health transformation program, which was authorized by federal law passed in July 2025. The Department of Health will manage these funds and must report quarterly to the state legislature on how the money is spent, with any unspent funds reverting back by October 2027.

revise a provision related to driving under the influence.

South Dakota law on repeat drunk driving convictions now requires a mandatory minimum of six years in prison (with at least one year on parole) for sixth or subsequent DUI offenses when the person has five prior DUI convictions within 15 years. The court can only avoid this sentence if it orders the person into a specialized drug, DUI, veterans, or mental health court program, and the law strengthens license revocation requirements and parole monitoring conditions like ignition interlocks or alcohol monitoring devices.

revise qualifications for immunity from prosecution following a drug-related overdose.

South Dakota's drug overdose immunity law now protects people from prosecution for drug possession charges only when evidence of the drug was discovered because of the overdose itself and the medical emergency response. Previously, the law may have provided broader protections; this revision clarifies that immunity applies specifically to misdemeanor and felony possession charges if the person or someone else called for emergency help during the overdose. This encourages people to seek medical assistance without fear of arrest for the drugs directly involved in the overdose.

establish the crime of failure to summon aid for a suicide attempt and provide a penalty therefor.

This bill creates a new crime called "failure to summon aid for a suicide attempt," making it a Class 1 misdemeanor if someone who is present when another person is attempting suicide intentionally fails to call law enforcement, medical personnel, or other emergency help. The law includes several defenses, such as if the person reasonably feared harm to themselves or others, already believed help was called, is under 18 years old, or couldn't reasonably summon aid in the circumstances.

authorize a comprehensive study of juvenile correctional and residential facilities, to make an appropriation therefor, and to declare an emergency.

South Dakota's Department of Corrections will study juvenile correctional and residential facilities in other states to identify best practices in areas like rehabilitation programs, mental health services, and staff-to-youth ratios. The state is appropriating $50,000 for the study, which must include on-site visits to at least three out-of-state facilities and a report back to lawmakers by September 1, 2026.

require that the Department of Social Services submit a federal waiver request to exclude soft drinks from the supplemental nutrition assistance program.

South Dakota's Department of Social Services must request federal permission to ban soft drinks (beverages with added sweeteners, excluding milk and approved juices) from the state's SNAP food assistance program by September 1, 2026. If approved, the department will implement the restriction within six months; if denied, it must resubmit the request every year until it succeeds. This creates a new state requirement to pursue what is currently not allowed under federal SNAP rules.

supporting the secretary of the United States Department of Agriculture in establishing a working group of nutrition experts to determine national standards for foods and beverages purchased with supplemental nutrition assistance program benefits.

This concurrent resolution doesn't change South Dakota state law—instead, it expresses the state's support for the U.S. Department of Agriculture to create a working group of nutrition experts that would set national standards for what foods can be bought with SNAP benefits (food stamps). South Dakota is urging the federal government to establish these nutrition standards based on the latest dietary science to help ensure SNAP money supports healthier eating choices.

revise the medical purpose affirmative defense in cannabis prosecution.

This bill modifies South Dakota's medical cannabis defense by clarifying the amount of cannabis someone can legally possess—allowing up to three ounces plus cannabis products approved by the health department, along with up to four cannabis plants (two flowering and two non-flowering) and their harvest. The defense still requires a doctor's statement that the person has a debilitating medical condition and that cannabis would help them, and any cultivation or storage must happen in a secure location only that person can access.

permit technical college employees to join the state health plan.

This bill allows employees of South Dakota's technical colleges to join the state health plan, which was previously available only to other state employees. Technical colleges that choose to participate must contribute to the plan on behalf of their employees at least as much as the state contributes for other state workers, and the specific terms are negotiated between each technical college and the state human resources commissioner.