Search Bills

provide that an alcoholic beverage may be carried and consumed in enterprises connected to and in the same building as a bar or lounge.

South Dakota businesses that own or operate both a bar or lounge and other businesses (like a restaurant or retail shop) in the same building may now allow customers to carry alcoholic beverages purchased at the bar into those connected businesses. This new law eliminates restrictions that previously prevented drinks from moving between different enterprises within a single building, as long as they're under the same ownership or operation.

limit costs and risks associated with electricity use by data centers and impose a moratorium.

This bill creates new rules requiring electric utilities to charge data centers the full cost of providing them electricity, including any infrastructure upgrades needed to serve them, rather than spreading those costs to other customers. The bill also prevents data centers from leaving other customers responsible for paying stranded costs if the data center shuts down early or for decommissioning expenses. These rules apply to all data centers, with special definitions for "large data centers" using 20 megawatts or more of electricity.

encouraging honest economic development rooted in the republican principles of limited government, deregulation, and organic entrepreneurial growth.

This concurrent resolution is a non-binding statement expressing the South Dakota Legislature's support for free-market economic development based on limited government, deregulation, and entrepreneurial growth rather than government incentives. It does not change any existing state laws, but instead encourages state policymakers to develop future policies that reduce regulations and avoid using tax credits or subsidies to attract businesses. The resolution reflects a philosophical position that businesses should choose South Dakota based on its business environment rather than government financial incentives.

encouraging honest economic development rooted in the republican principles of limited government, deregulation, and organic entrepreneurial growth.

This is a nonbinding resolution expressing the South Dakota Legislature's support for free-market economic development based on limited government, deregulation, and reducing business subsidies and tax incentives. It does not change any existing state law but encourages future legislative and executive policies to prioritize reducing regulations and eliminating government business incentives rather than offering tax credits or subsidies to attract companies.

establish requirements for natural hair braiding provided for compensation.

South Dakota will now allow people to braid hair for money without obtaining a full cosmetology license, creating a new category of licensed natural hair braiders with their own requirements separate from traditional cosmetologists. The bill amends the state's cosmetology laws to define what natural hair braiding is and establish specific licensing standards for people who want to offer braiding services for compensation. This change makes it easier for hair braiders to operate legally without completing the extensive training required for a full cosmetology license.

provide for the sale of producer-raised meat and meat food products directly to consumers pending legalization under federal law.

South Dakota farmers can now sell meat directly to consumers from their own livestock (cattle, sheep, swine, or goats) that were raised for at least 90 days and processed at custom-exempt plants, but only once federal law permits such sales—which the Attorney General must certify has happened. The meat must be sold personally by the producer at locations like their home, farmers markets, or roadside stands, and buyers must agree not to resell it, with packaging clearly labeled as uninspected and unregulated.

create small-batch alcohol licenses.

South Dakota is creating new "small-batch" alcohol licenses for wineries, distilleries, cideries, and breweries that produce alcohol in limited quantities. These small-batch producers will be exempt from rules that normally prevent manufacturers from having financial interests in retail alcohol businesses, allowing them to sell directly to consumers or operate their own retail operations. The bill modifies existing alcohol licensing laws across multiple chapters to define these new small-batch categories and establish their separate regulatory requirements.

allow for the direct creation of a limited liability limited partnership.

South Dakota law currently allows existing limited partnerships to become limited liability limited partnerships through a qualification process, but this bill adds a new option to form a limited liability limited partnership directly from the start by filing a certificate with the secretary of state. This change gives entrepreneurs more flexibility by allowing them to create this type of business entity without first establishing a traditional limited partnership and then converting it. The bill maintains all existing protections and liability rules for both general and limited partners in these entities.

expand the locations at which raw milk may be purchased for personal use by a consumer.

This bill expands where South Dakota consumers can buy raw milk for personal use by allowing purchases at farmers markets and at retail stores owned by the producer, in addition to the farm itself. The bill also clarifies that raw milk producers can deliver milk directly to consumers. These changes give consumers more convenient locations to purchase raw milk while keeping sales restricted to direct producer sales or producer-owned retail outlets.

require the inclusion of certain features within a manufacturer's application store or on a developer's application.

This bill creates new requirements for app stores and mobile applications to display pricing information to consumers. App store operators must list all purchasable goods and services available through each app along with their costs, while app developers must provide an easy-to-access feature showing what items can be bought in their app and how much they cost. These requirements apply only when commercially reasonable and technologically feasible to do so.

restrict ownership of real property interests by certain prohibited entities and to provide for enforcement.

This bill prohibits certain foreign entities (as defined in existing South Dakota law) from owning or controlling land or property interests in South Dakota while military installations exist in the state. Entities that already own such property must sell it within two to three years depending on how they acquired it. The bill creates a new enforcement mechanism to prevent foreign entities from directly or indirectly holding stakes in South Dakota real estate through corporate ownership or other indirect means.

regulate how broadband internet access service providers use customer data.

This bill creates new rules requiring broadband internet providers to protect how they collect and use customer data. The law defines what counts as "customer personal information" (like communication content and internet activity) and establishes that providers can only use this data in ways directly related to providing internet service, unless customers give permission otherwise.

protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.

SB 135 creates new regulations for large data centers (those using 10 megawatts or more of power) to ensure they pay the full costs of electricity and water service they consume, including costs to maintain infrastructure if they shut down or reduce operations. The bill also allows counties and municipalities to adopt their own rules limiting or prohibiting data centers in their areas, and requires data center operators to notify local water providers about their water usage plans before opening. These changes aim to prevent data centers from shifting their infrastructure costs onto other residents or causing utility shortages.

require the provision of a notice to consumers, interacting with certain chatbots or other human-simulating computer technologies that could mislead or deceive the consumer.

South Dakota businesses must now clearly tell consumers upfront when they're interacting with a chatbot, AI agent, or other computer technology rather than a human—or they can't require that interaction as part of a commercial transaction. If a business violates this rule, consumers or the attorney general can sue for actual damages, $1,000 per violation, or up to $10 million in a class action, plus attorney's fees.

authorize the shipment of distilled spirits directly to consumers, and to provide a penalty therefor.

South Dakota distilleries (both in-state and out-of-state) can now ship distilled spirits directly to consumers by obtaining a direct shipper license from the Department of Revenue for $100, provided they register their brand labels and hold a South Dakota sales tax license. Common carriers that transport these spirits can also obtain a distilled spirits carrier license to legally deliver these shipments. This change allows consumers to receive spirits shipped directly rather than only purchasing through traditional retail channels.

establish a minimum damage threshold for a motor vehicle total loss declaration.

Insurance companies in South Dakota can no longer declare a vehicle a total loss unless repair costs equal or exceed 75% of what the vehicle was worth before the damage occurred. The bill defines "actual cash value" by considering the vehicle's year, make, model, mileage, condition, and accident history within a 200-mile radius of the owner's home. Vehicle owners can still request that insurers declare their vehicle a total loss even if repairs cost less than 75%, but insurers cannot make that decision unilaterally.

require certain applicants that seek a permit from the Public Utilities Commission of the State of South Dakota to prepare and pay for an environmental impact statement.

This bill requires companies applying for permits from South Dakota's Public Utilities Commission to prepare and pay for environmental impact statements as part of their application process. The change adds a new requirement for certain applicants to conduct and fund these environmental assessments before the commission can review their permit requests.

establish a greater tire weight limit for a mobile crane moving on any highway in this state.

South Dakota's tire weight limits on highways are being increased for mobile cranes—vehicles with lifting booms that move between job sites—allowing them to carry up to 650 pounds per inch of tire width instead of the standard 600 pounds. This change applies only to mobile cranes operating with a required permit and moving with their boom carried over the vehicle.

prohibit COVID-19 vaccination requirements and to provide a penalty therefor.

This bill prohibits employers, schools, state agencies, and other entities from requiring people to get COVID-19 vaccinations as a condition of employment, enrollment, or receiving services or benefits. Anyone who violates this prohibition can be charged with a Class 2 misdemeanor, which is a criminal offense.

restrict the processing of online personal data of individuals sixteen years of age or younger.

HB 1309 creates new state law to protect children 16 and younger by restricting how websites, apps, and online services can collect and use their personal information like names, addresses, email, phone numbers, and social security numbers. The law applies to companies that know a user is a minor or that target their services to minors, requiring them to limit how they process children's data online.

require that social media companies provide collected personal data of a user at the user's request and maintain transparent interoperability interfaces.

South Dakota social media companies must now give users copies of all personal data collected about them when requested, and must maintain transparent systems that allow users' data to move between platforms. The bill amends the state's existing electronic transactions law to add these new requirements for how social media platforms handle user information and data portability.

revise public notice requirements for new sand, gravel, and construction aggregate mines.

Sand, gravel, and construction aggregate mine operators must now follow stricter public notification rules before starting mining operations. For smaller mines (10 acres or less, or under 25,000 tons annually), operators publish notice once at least 14 days in advance; for larger operations, they must publish three notices over a six-month period starting 180 days before mining begins, and all notices must now include specific details like dust and noise mitigation plans and the proposed future use of the mined land.

authorize the removal of occupants from certain short-term lodging accommodations, and to provide a penalty therefor.

South Dakota hotels, campgrounds, and RV parks can now eject guests who fail to check out or pay by the scheduled time, but must first send a written request (by email, text, or paper) and wait 24 hours before involving law enforcement. Guests who refuse to leave after this 24-hour notice commit a Class 1 misdemeanor, though they can sue for damages if wrongfully removed.

allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.

The Public Utilities Commission can now charge large data centers (those using 10 megawatts or more of power) for the actual costs of reviewing their electricity service contracts with utilities. Any fees collected go into a state fund rather than reducing costs for other utility customers.

protect electric infrastructure in this state.

HB1049 prohibits foreign nationals from certain countries and foreign entities from owning, operating, or controlling electric power facilities in South Dakota, including power plants, transmission lines, and distribution equipment. Anyone who violates this ban must sell their interest within one year, and any contracts granting control to prohibited persons become unenforceable starting July 1, 2026. The bill treats violations as subject to forfeiture under South Dakota's asset forfeiture laws.

prohibit the manufacture, sale, and distribution of any product containing cell-cultured protein, and to provide a penalty therefor.

South Dakota would ban the manufacture, sale, and distribution of products containing cell-cultured protein (lab-grown meat) for ten years, from July 2026 through June 2036. Violating this ban would be a Class 2 misdemeanor, and the state health department could inspect food establishments and issue stop-sale orders for any products containing this protein.

require the acceptance of cash as payment in certain transactions.

South Dakota businesses must accept cash for in-person purchases of $100 or less, and cannot charge customers a higher price for paying with cash instead of cards. The requirement doesn't apply to banks, credit unions, airlines, or transactions requiring a credit card for security deposits or potential damages. The state and local governments must also accept cash as payment.

expand the days that a retailer is permitted to sell fireworks to residents of this state.

South Dakota retailers can now sell fireworks during two expanded periods—May 1 through June 26 and July 6 through August 31—by obtaining separate seasonal licenses instead of being limited to a single sales window. The bill removes the previous restriction that these extended-season sales were only allowed to out-of-state residents, making them available to all customers. Retailers west of the Missouri River must still provide customers with information about local fireworks restrictions and wildfire protection maps when selling outside the traditional June 27 to July 5 period.

consider a cultivated-protein food product to be adulterated food.

South Dakota will classify lab-grown meat (cultivated protein) as adulterated food, meaning it cannot be legally sold or distributed in the state. This change adds cultivated-protein products to the existing list of substances that violate South Dakota's food purity standards, effectively banning their sale alongside other prohibited foods.

reschedule the date for filing certain annual reports.

This bill allows most South Dakota businesses and organizations to choose between two annual report filing deadlines: either on the anniversary month of when they were formed, or by January 31st each year. Companies that are already in good standing can switch between these two filing dates by submitting a form to the Secretary of State, giving them more flexibility in managing their reporting obligations.

require the licensure of non-medical home care agencies, and to provide a penalty therefor.

South Dakota will now require companies that provide non-medical home care services—such as assistance with bathing, meal preparation, medication reminders, and companionship—to obtain a state license from the Department of Health before operating in the state. Anyone who operates or advertises a home care agency without this license will face criminal penalties as a Class 1 misdemeanor. This creates a new licensing requirement where previously no state oversight existed for these types of home care businesses.

establish public benefit corporations in South Dakota.

South Dakota would create a new type of business structure called a "public benefit corporation" that allows companies to legally pursue social or environmental goals alongside profits. Companies choosing this structure would follow standard corporation rules under existing law, except where the new public benefit corporation requirements take priority. The bill defines two types—general benefit corporations that pursue broad public good and (implied) specific benefit corporations for targeted causes—and requires major decisions like changing the corporation's public benefit purpose to be approved by two-thirds of shareholders.

authorize counties and municipalities to issue a license for a cigar bar.

Counties and municipalities can now issue licenses for cigar bars, which are enclosed establishments that sell cigars and must also hold a license for on-sale alcohol, food service, or similar businesses. A cigar bar must have proper ventilation to keep smoke out of non-smoking areas, maintain a humidor, and generate at least 10 percent of its income from cigar sales. County commissioners and city officials will review applications through a public hearing process similar to the one used for regular liquor licenses.

protect persons from discrimination by financial institutions.

This bill creates a new law prohibiting South Dakota banks and large payment processors from denying or restricting financial services to customers based on their religious beliefs, free speech, lawful opinions, or participation in legal economic activities. The law applies to services like checking accounts, loans, credit cards, and money transfers offered by financial institutions that process over $100 billion in annual transactions. This protects customers from being cut off from banking services because of their political views, religious practices, or other First Amendment-protected activities.

require age verification before an individual may access an application from an online application store, publicly available website, electronic service, or other online platform.

South Dakota would require app stores and online platforms to verify a user's age before allowing access to applications, and to get parental consent for anyone under 16. The law applies to app manufacturers (like Apple or Google) and developers, who must take reasonable steps to determine age and obtain guardian permission before children can download apps.

protect financial institutions taking action to prevent the financial exploitation of consenting, senior, or vulnerable adults.

This bill protects banks, credit unions, and other financial institutions from lawsuits when they take reasonable steps to prevent financial exploitation of seniors and vulnerable adults. Financial institutions can now respond to concerns about suspicious account activity—including stopping suspicious withdrawals or transfers—without fear of legal liability if they act in good faith to stop fraud, theft, or abuse of power of attorney.

eliminate an exclusion from the definition of an agricultural equipment dealer.

HB 1263 removes an exclusion from the legal definition of an "agricultural equipment dealer" in South Dakota law. The bill simplifies the definition so that any person whose equipment sales equal or exceed 30% of their gross agricultural equipment sales in the previous year qualifies as a dealer, without certain exceptions that were previously listed. This change broadens who can be classified as an agricultural equipment dealer under state law.

modify the authority of a political subdivision to adopt mining ordinances.

Counties and cities (that are first or second class and have a comprehensive plan) can now adopt their own rules for sand, gravel, and aggregate mining operations, as long as those rules don't conflict with state law. However, local governments cannot require miners to post additional bonds beyond what state law already requires, and the state must verify that miners have complied with local rules before issuing state permits.

permit the use of biological filtration systems in water recreational facilities located in certain lodging establishments.

Small lodging establishments with 15 or fewer rooms can now use biological filtration systems (instead of traditional chemical filtration) in their pools or hot tubs, but only with a state permit that requires annual inspections and proof that the system meets water quality standards. The state health department will set the specific rules for permits, maintenance requirements, testing procedures, and a permit fee capped at $50 per year.

modify the tax rate on gold severed in this state.

South Dakota currently taxes gold mining at a flat rate of four dollars per ounce, but this bill changes it to a percentage-based tax of one percent of the gold's market value instead. The new tax will be calculated based on the average London Bullion Market Association price of gold during the quarter when the gold was extracted. This shift means mining companies will pay taxes proportional to gold prices rather than a fixed amount per ounce.

revise a provision related to the adoption of federal motor carrier regulations.

South Dakota is updating which federal motor carrier safety regulations it adopts by changing the effective date of these rules from January 1, 2025 to January 1, 2026. The bill also clarifies that smaller intrastate trucks (under 26,001 pounds) that don't carry hazardous materials or passengers aren't required to follow certain federal safety regulations, and it allows drivers as young as 18 to operate most non-interstate vehicles, while requiring 21-year-olds for interstate and hazardous material transport.

include certain types of vehicles in the unpaid repair bill titling process.

This bill expands South Dakota's unpaid repair bill process to cover more types of vehicles beyond just motor vehicles—now including boats, mopeds, motorcycles, off-road vehicles, snowmobiles, and trailers. A repair shop or property owner holding one of these unclaimed vehicles can now apply for a title after sending written notice to the owner and waiting 30 days, the same process that already existed for regular cars. The bill essentially gives the same legal path to ownership for a wider range of vehicles when owners abandon them without paying repair bills.

revise provisions relating to industrial hemp.

South Dakota's industrial hemp law is being overhauled to streamline regulations and clarify definitions, including raising the allowed THC limit from 0.3% to 0.3% on a dry weight basis and explicitly prohibiting certain chemically-derived cannabinoids (like delta-8 THC, delta-10 THC, and HHC) from being sold as hemp products. The bill eliminates nearly all of the old hemp licensing and regulatory sections, replacing them with a simpler framework that aligns with federal USDA hemp regulations. This significantly reduces the state's direct oversight of hemp production and shifts compliance responsibility to federally-licensed growers.

remove the authorization to issue grants as part of a tax increment financing district.

This bill removes the ability of tax increment financing districts to issue grants to developers or other organizations as part of their financing activities. The changes eliminate the definition of "grant" from state law and streamline related provisions, meaning cities and counties can no longer use tax increment financing district funds to directly transfer money or property to outside parties for development projects.

impose a one-year moratorium on the construction or expansion of hyperscale data centers.

South Dakota would temporarily ban new hyperscale data centers (large facilities that use 50 megawatts or more of electricity) from being built or expanded in the state through June 30, 2027. The moratorium also applies to smaller data centers if their expansion would make them reach hyperscale size. This one-year pause gives the state time to study the impact of these energy-intensive facilities before allowing new construction or major expansions to proceed.

require licensure for online pari-mutuel wagering pools for horse and dog races, and clarify the application of tax therefor.

This bill requires anyone operating online wagering pools for horse and dog races across multiple states to get a license from South Dakota as a "multi-jurisdictional totalizator hub." The bill also clarifies how much money the state and racing funds receive from these interstate betting operations, with lower tax rates for multi-state hubs compared to single-state operations.

prohibit an insurer from declining or limiting life, disability, or long-term care insurance policies based solely on an individual's status as a living organ donor.

Insurance companies in South Dakota cannot refuse to sell or reduce benefits on life, disability, or long-term care insurance policies simply because someone is a living organ donor. The law also prevents insurers from charging higher prices, canceling policies, or otherwise discriminating against organ donors in any way, unless the insurer can show actual additional health risk beyond just the donation itself.

require that certain facilities obtain conditional use permits from adjacent political subdivisions.

Large electrical power facilities (those using or generating 20 megawatts or more of power) located within one mile of a county or city border must now obtain conditional use permits from the adjacent county or city if that jurisdiction has zoning rules in place. This requirement gives neighboring counties and municipalities a formal say in whether major energy projects are approved near their boundaries, even if the facility is technically located in a different jurisdiction.

address prior authorization and reporting requirements by utilization review organizations and health carriers.

HB 1199 requires health insurance companies and utilization review organizations to track and annually report data on their prior authorization decisions to South Dakota's Division of Insurance, including how many requests they approved or denied and how quickly they made decisions. The Division of Insurance must then publish these reports publicly online within 60 days so patients and the public can see how insurance companies handle prior authorization requests for medical care.

revise the scope of practice for occupational therapy.

HB1223 expands what occupational therapists in South Dakota are allowed to do by adding new techniques like "instrument-assisted modalities"—treatments using special tools or instruments to treat muscles, fascia, and tissue—to their scope of practice. The bill also updates the legal definitions and requirements for occupational therapists and their practice to reflect these expanded capabilities.

modify requirements for payment of the employer's investment in South Dakota's future fee.

South Dakota employers must pay an "investment fee" on wages to support the unemployment compensation system, and this bill allows employers to opt out of paying this fee starting in 2026. The bill modifies the fee rate structure by replacing the previous fixed rates with a new system that ties employer fees to their reserve ratio—employers with stronger financial reserves pay lower fees (as low as 0.30%), while those with weaker reserves pay higher fees (up to 0.53%). This creates a performance-based fee system designed to encourage employers to maintain healthier unemployment reserves.

prohibit natural asset companies.

This bill creates a new state law prohibiting South Dakota from doing business with or investing money in "natural asset companies"—businesses that buy rights to manage natural resources like soil, water quality, and biodiversity for profit. The ban prevents these companies from gaining any interest in or control over public lands or state resources, and blocks the state from investing its money in such companies.

prohibit the manufacture, sale, and distribution of any product containing cell-cultured protein, and provide a penalty therefor.

South Dakota would ban the manufacture, sale, and distribution of any product containing cell-cultured protein (lab-grown meat), making violations a Class 2 misdemeanor. The state health department would be authorized to inspect food service establishments for violations and issue stop-sale orders if cell-cultured protein products are found. This creates an outright prohibition on this category of food products in the state.

temporarily prohibit the manufacture, sale, and distribution of any product containing cell-cultured protein, and to provide a penalty therefor.

South Dakota will ban the manufacture, sale, and distribution of cell-cultured meat (lab-grown protein grown from animal cells outside a live animal) from July 1, 2026, through June 30, 2031. Businesses that violate this ban face criminal charges as a Class 2 misdemeanor, stop-sale orders, and potential loss of their food service licenses. The ban does not apply to proteins made through fermentation, enzymes, or other biotechnology methods not intended to replicate meat.

limit nuisances caused by data centers.

This bill creates new rules to limit noise and location problems from data centers in South Dakota. Starting July 1, 2026, data centers cannot be built within one mile of residential areas (though local governments can set stricter rules), and data centers must keep noise levels at or below 45 decibels when measured at the nearest home or residential property line. If a data center violates these rules, it's considered a nuisance that the state's attorney or affected residents can sue to stop.

require the registration of fishing guides.

South Dakota fishing guides who charge for their services must now register annually with the Department of Game, Fish and Parks, paying $50 if they're state residents or $250 if they're nonresidents. Anyone who provides paid fishing guide services without registering commits a crime, with each client served counting as a separate offense. Registration fees will be used to support fish restocking in the waters where guides are operating.

place requirements on the use of artificial intelligence systems by health carriers in making determinations about the provision of health care services.

Health insurance companies in South Dakota must now follow specific rules when using artificial intelligence or similar software tools to decide whether to approve payment for health care services. These tools must consider each patient's individual medical history and circumstances rather than relying solely on group data, and must be applied consistently and equally to all patients under a health plan. The requirement applies to both tools the insurance companies use directly and tools used by contractors they work with.

prohibit certain billing practices by ambulance service providers and establish reimbursement standards for out-of-network emergency medical services.

SB 211 prohibits ambulance service providers from billing patients directly for emergency medical services when the provider is out-of-network with the patient's insurance plan. The bill establishes that out-of-network ambulance providers must seek reimbursement from insurance plans rather than patients, protecting South Dakotans from unexpected medical bills for emergency transport services.

regulate the retail sale of nicotine products, and to provide a penalty therefor.

South Dakota is establishing new regulations for selling nicotine products—including tobacco, vaping products, and alternative nicotine items like pouches—by creating a licensing system through the Department of Revenue. The bill defines what counts as a nicotine product (including nicotine analogs designed to skirt existing rules) and sets penalties for violations, while keeping retailer license lists confidential except when needed for official duties. This creates a statewide framework to control how and where nicotine products can be sold to consumers.

authorize the dispensing of ivermectin and hydroxychloroquine under a written protocol developed by a health care provider, and to provide liability protection therefor.

This bill allows pharmacists to dispense ivermectin and hydroxychloroquine to adults without a patient-specific prescription, as long as they follow a written protocol created by a licensed healthcare provider that includes risk screening and safety information. Pharmacists and other healthcare providers who follow the protocol in good faith are protected from criminal charges, lawsuits, and professional discipline—except in cases of gross negligence or intentional misconduct.

restrict contracts and declarations that prohibit the use of commercial or residential property for any healthcare service in medically underserved areas or communities, or in areas with a medically underserved population under federal law.

Property owners in South Dakota can no longer use contracts or deed restrictions to ban healthcare services on their land if that land sits in a federally-designated medically underserved area or community. The bill makes such restrictions unenforceable and allows affected parties or local governments to challenge them, opening the door for clinics and medical facilities in areas where healthcare access is limited.

modify the requirements for obtaining an agricultural processor's lien.

Agricultural processors who operate machinery to process crops can now establish a legal claim on those crops by filing a financing statement with the South Dakota Secretary of State within 60 days of completing the work. The filing must include details like the processor's name, the crop owner's name, the amount owed, and where the crops are located, and the processor must give a copy of the filing to the crop owner. This updates how processors protect their right to payment by aligning the process with state commercial law requirements.

prohibit a video streaming service from transmitting certain advertising during children's programming and provide a penalty therefor.

This bill prohibits video streaming services (like Netflix or Disney+) from showing advertisements about abortion, alcohol, drugs, gambling, gender transition, or nicotine during children's programming rated for viewers under 14. The law applies only to streaming services and excludes traditional broadcast television, cable, and satellite providers. Violations would result in penalties under South Dakota law.

modify provisions regarding directors serving on a farm mutual insurer’s board.

HB1119 clarifies that farm mutual insurance company board members must be members of the insurer itself or of any affiliated company, expanding the current requirement that only focused on the specific insurer. The bill also defines "affiliate" to include any related entity that controls, is controlled by, or shares common control with the insurance company, making it clearer who qualifies as an eligible board member.

adopt the respiratory care interstate compact.

South Dakota will adopt an interstate compact that allows respiratory therapists licensed in other states to practice in South Dakota while maintaining state oversight of the profession. The bill also requires all applicants for respiratory care practitioner licenses in South Dakota to undergo state and federal criminal background checks before receiving a license. This creates a reciprocal system where South Dakota respiratory therapists can similarly practice across state lines while ensuring public safety through background screening.

ban kratom and kratom products and to provide a penalty therefor.

South Dakota would ban the possession, sale, and consumption of kratom and kratom products for everyone, making it a Class 2 misdemeanor offense. This repeals the state's current age-restriction law that only prohibited kratom sales to people under 21 and regulated kratom product purity standards, replacing it with a complete prohibition on the substance itself.

impose a moratorium on industrial dairy operations.

South Dakota would stop approving new large dairy farms or expansions of existing ones that would have more than 7,499 dairy cows, though farms already permitted before July 1, 2026 can continue operating at their current size. The pause would give state agriculture officials time to study the economic and environmental impacts of large-scale dairy operations and allow counties to update their land use rules, including requiring road maintenance agreements and larger setback distances based on farm size. The moratorium doesn't change existing state law but adds a temporary freeze on new large dairy permits.

regulate the sale of nicotine products, and to provide a penalty therefor.

HB1220 creates new state regulations for selling nicotine products (like vaping products and alternative nicotine items) and establishes licensing requirements for distributors and wholesalers who sell these products. The bill requires applicants for these licenses to pay a $1,000 fee, and creates a new "nicotine enforcement fund" to collect these fees for enforcement purposes. It also protects the confidentiality of lists of nicotine product licensees in the same way South Dakota protects other business licensee information.

establish civil liability for furnishing alcohol to an obviously intoxicated person.

This bill removes the legal protection that currently shields alcohol sellers from being sued by people injured by intoxicated customers. Under current law, businesses and bartenders cannot be held civilly liable when someone gets hurt due to alcohol sold to an obviously intoxicated person; this bill eliminates that protection so injured parties can now sue for damages. The existing criminal penalty for selling alcohol to obviously intoxicated customers remains unchanged.

require that manufacturers of agricultural equipment allow an independent repair provider or an owner to make certain repairs to agricultural equipment.

South Dakota farmers and independent repair shops would gain the legal right to repair their own agricultural equipment without manufacturer interference, including accessing diagnostic codes and repair information. The bill prevents equipment makers from using software locks or legal restrictions to force farmers to use only authorized dealerships for repairs on tractors, combines, and other farming machines with digital components. This new law applies to farm equipment but excludes regular motor vehicles and construction equipment.

require that campgrounds and campground additions, alterations, and modifications comply with National Fire Protection Association standards.

Starting July 1, 2027, South Dakota will require that private campgrounds and any major additions or changes to them meet fire safety standards set by the National Fire Protection Association (specifically their 2026 standards for RV parks and campgrounds). This requirement does not apply to campgrounds owned or operated by the state or local governments. The bill adds this new safety requirement to South Dakota's campground regulations.

supporting reform of the beef checkoff program.

This concurrent resolution expresses South Dakota's support for reforming the federal beef checkoff program, which currently requires a mandatory $1 fee per head of cattle sold to fund research and promotion. The resolution argues that the checkoff program has coincided with declining beef production and consumption since 1985, and criticizes it for conflicts of interest and lack of transparency in how funds are distributed to industry organizations.

revise provisions regarding notices to the one-call notification center.

This bill clarifies the timeline for notifying utility companies before excavation work begins and for those companies to mark underground utility lines. Excavators must still give at least 48 hours' notice (excluding weekends and holidays), but the bill specifies that utility operators have until whichever comes later: 48 hours after receiving notice or the excavation start time the excavator provided. The bill also allows the state board to adjust these timelines through rules for emergencies or other special situations.

safeguard the integrity, privacy, and security of genetic data and provide a civil penalty therefor.

South Dakota is creating new privacy protections for people who use direct-to-consumer genetic testing companies like ancestry or health DNA kits. The law requires these companies and their service providers to get clear written consent from consumers before collecting, using, or sharing their genetic information, and establishes civil penalties for violations.

authorize purchasing agency verification and monitoring of workers' compensation insurance coverage obtained by public improvement contractors.

Government agencies that hire contractors for public improvement projects can now require contracts to include a provision letting the agency verify the contractor has workers' compensation insurance before work begins and monitor that coverage throughout the project. The agency can request documentation of insurance payments, lists of subcontractors, employee payroll records, and other information needed to prevent workers' compensation fraud.

clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.

This bill clarifies how entities with the power of eminent domain can inspect private land when the owner refuses permission, but only for projects requiring a Public Utilities Commission siting permit. Before entering the property, they must give the owner 30 days' written notice describing what will be examined, when they'll enter, and how long they'll stay, and they must pay for any damage caused. Property owners can challenge the inspection in court within 30 days of receiving notice.

address the assumption of risk by an individual present at a shooting range.

South Dakota shooting ranges are now protected from liability lawsuits for injuries caused by obvious, inherent risks like loud noise, projectile discharge, equipment malfunctions (that the range doesn't own), uneven terrain, snow or ice, and natural debris. This law applies to all shooting ranges—whether public or private, on public or private land—and includes law enforcement ranges and archery facilities.

modify requirements to create a tax increment financing district.

This bill modifies the rules for creating and operating tax increment financing (TIF) districts in South Dakota by updating definitions and requirements in state law. The changes affect how political subdivisions like cities and counties can establish these special districts, which use future property tax increases in a designated area to fund development projects. Key modifications include refined definitions of planning requirements, financing methods, and the process for creating and managing these districts.

exempt one motor vehicle of a debtor from being taken by legal process.

This bill adds a new exemption protecting debtors from losing their motor vehicle when facing legal judgments. Under this change, a debtor can keep one vehicle worth up to $5,000 (after accounting for any loans or liens on it) even if a creditor wins a lawsuit against them. The exemption joins other protected items like family clothes, food, and religious property that South Dakota law shields from creditors.

clarify the definition of backup electric generation.

This bill clarifies South Dakota's definition of "backup electric generation" by specifying that it means electricity generated off-grid on a temporary basis to replace the primary power source when it becomes unavailable. The change makes the definition more precise by explicitly stating that backup generation must not be connected to the electrical grid and must be used only as a temporary replacement.

limit the potency of cannabis products sold at medical cannabis dispensaries.

South Dakota medical cannabis dispensaries would be prohibited from selling cannabis products that exceed specified potency limits: flower at 30% THC, liquid concentrates at 60% THC, edibles at 5mg THC per serving (100mg per container), and cannabis oil at 5% THC. This new rule caps the strength of medical cannabis products currently available to patients at state-licensed dispensaries.

modify provisions pertaining to the purchasing of goods and services related to data center operations.

This bill creates new definitions for data center operations in South Dakota law, establishing what qualifies as a "data center," "computer software," and "enterprise information technology equipment" used to run these facilities. The definitions cover physical equipment like servers, cooling systems, power infrastructure, and networking equipment, but specifically exclude digital currency mining operations. These definitions appear designed to establish a framework for how the state will regulate or manage purchases related to qualifying data centers.

update provisions related to certain large-use customers of utilities.

Large data centers in South Dakota must now notify local water providers about their water needs, install closed-loop cooling systems to limit water withdrawal to amounts set by the Water Management Board, and cannot use more water than rules allow after residential and public service needs are met. Data centers must also submit quarterly water usage reports to the board and reduce consumption during water shortages until essential uses are protected.

revise provisions regarding pesticide laws.

HB 1019 clarifies the South Dakota Secretary of Agriculture's authority to cancel pesticide registrations by requiring a hearing process before doing so. The bill specifies that cancellations can occur when a pesticide doesn't comply with state pesticide laws or rules, or when the product is adulterated or misbranded.

revise a provision related to theft by a contractor, subcontractor, or supplier.

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.

modify the definition of an electronic smoking device.

This bill modifies South Dakota's definition of electronic smoking devices to clarify that they include products "which may be used" for inhaling vapor, broadening the scope beyond just products "intended for" that purpose. The change expands what the state considers an e-cigarette or vape device subject to tobacco regulations, potentially capturing products designed for other uses but capable of being used to inhale nicotine or other substances.

permit the state to invest in Bitcoin.

South Dakota currently limits state investments to traditional securities like government bonds, corporate bonds, and bank deposits—this bill adds Bitcoin to the list of allowable investments for state public funds. The change permits the state treasurer and other officials managing public money to invest a portion of state funds directly in cryptocurrency, making South Dakota one of the first states to officially authorize Bitcoin holdings for its treasury.

revise licensure provisions for electricians.

Electricians in South Dakota must now carry both a physical license card and an electronic version issued by the State Electrical Commission, and the card must include a security marking approved by the commission. The bill also sets specific fee caps: examination fees cannot exceed $150, application fees cannot exceed $100, and replacement fees for lost or stolen cards cannot exceed $35.

establish requirements for the distribution and sale of vapor products, and to provide a penalty therefor.

This bill creates a new licensing system for selling vaping products in South Dakota, requiring both distributors and retailers to obtain licenses from the Department of Revenue before selling vapor products. The bill defines vapor products as nicotine devices that produce inhalable vapor (excluding FDA-approved cessation products) and sets out licensing requirements and fees. It repeals the old vapor product distribution rules and replaces them with this updated regulatory framework.

amend provisions of the Uniform Commercial Code.

HB1248 clarifies which state's laws apply to securities transactions by specifying that South Dakota law governs security entitlements handled through securities intermediaries (like brokers or banks), rather than leaving it to the intermediary's home jurisdiction. The bill also keeps existing rules for direct securities issued by companies and for physical security certificates. This change makes it clearer and more predictable for South Dakota residents and businesses dealing with securities held through intermediaries.

prohibit weather and climate modification activities and provide a penalty therefor.

South Dakota would ban weather and climate modification activities—such as injecting chemicals into the atmosphere to change weather, sunlight, temperature, or climate—and impose penalties on violators. The bill creates a new fund financed by fines from violators, with the Department of Agriculture and Natural Resources using half the money to monitor and enforce the ban and the other half going to the Department of Transportation for related administrative costs.

create requirements for age verification and parental consent for application stores and to provide a penalty therefor.

HB 1275 requires app stores to verify users' ages and obtain parental consent before allowing minors to download applications, adding these requirements to South Dakota's existing consumer protection law. Businesses that fail to comply with these age verification and parental consent requirements would face penalties as deceptive business practices. The bill strengthens protections for minors by making it illegal for app store operators to knowingly distribute apps to children without proper age checks and parental approval.

modify requirements to create a tax increment financing district.

HB1289 modifies the rules for creating and operating tax increment financing (TIF) districts, which are special areas where tax revenue increases are used to fund local development projects. The bill updates definitions and requirements across multiple sections of South Dakota law governing TIF districts, though the specific substantive changes would need to be reviewed in the full bill text beyond the excerpted definitions shown.

provide for the licensure of fishing and hunting guides, and to provide a penalty therefor.

South Dakota will now require fishing guides and hunting guides to obtain state licenses before operating. The bill adds these two new license types to the state's hunting and fishing licensing system and establishes penalties for guides who operate without a license.

ban hemp-derived intoxicants not for medical purposes.

South Dakota would ban the creation and sale of hemp-derived intoxicants (like delta-8 and delta-10) that don't have a medical purpose, making it illegal to chemically modify hemp or sell products containing these synthetic cannabinoids. The law carves out an exception for medical cannabis products approved by the Department of Health, and violating the ban would be a Class 2 misdemeanor. This significantly tightens South Dakota's existing hemp regulations by closing loopholes that currently allow intoxicating hemp products to be sold legally.

ban kratom and kratom products and to provide a penalty therefor.

South Dakota would completely ban kratom and products containing kratom or synthetic versions of its active compounds, making it illegal for anyone to sell, distribute, possess, or consume them—violations would be Class 2 misdemeanors. This bill repeals the state's current regulations that allowed kratom sales to adults over 21 and set purity standards for kratom products, replacing them with an outright prohibition.

prevent virtual currency kiosk fraud.

This bill creates a new licensing and regulatory framework for virtual currency kiosks in South Dakota, requiring operators to be licensed and defining key terms like "virtual currency," "charges," and "kiosk" to establish clear rules for these services. The law aims to prevent fraud by setting standards for how virtual currency transactions through kiosks must be conducted and what fees can be charged to users.

establish a currency based on gold and silver.

South Dakota would establish a new gold and silver-based currency system where residents can open accounts holding physical gold or silver bullion stored in state-approved vaults and use an electronic payment platform to buy, sell, and spend that bullion as legal tender. The state treasurer would authorize and oversee private companies to operate these bullion depositories and electronic payment systems. This creates an alternative currency option alongside U.S. dollars for payments and debt obligations in South Dakota.

update references in certain statutes to the 2024 standard building codes.

South Dakota is updating its building code standards to the 2024 edition of the International Building Code, which local governments must follow when they adopt construction rules for non-residential buildings. This change replaces the previous building code version that was referenced in state law, ensuring that new construction standards reflect the most current safety and design requirements. Local governments can still modify or delete portions of the code to fit their community's needs.

regulate the use of chatbots by minors.

South Dakota would create new regulations requiring companies that operate chatbots and AI companions designed to seem human-like to verify users are at least 18 years old before allowing minors to access them. The law defines these regulated AI tools and establishes age verification requirements using government-issued photo identification with birth dates.