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revise provisions related to serving a subpoena in a contested case.

This bill clarifies and expands the rules for serving subpoenas in contested case proceedings before state agencies, making it easier for parties and their attorneys to compel witnesses to testify and produce evidence. The changes modify how subpoenas must be served and align the process with South Dakota's civil court procedures. These revisions ensure that all parties in agency hearings have a fair opportunity to gather the evidence they need for their cases.

exempt certain individuals from, and require specific notice for, jury duty.

HB1081 creates two new exemptions from jury duty in South Dakota. Licensed health care providers caring for pregnant women or patients with serious medical conditions can be excused from jury duty if they show that no replacement is available and their absence would harm their patients, while public safety workers can be excused if they demonstrate that their absence would risk public safety—both groups must submit written requests and documentation to the court within ten days of receiving a summons.

revise a provision related to the venue of adoption proceedings.

HB1197 expands where adoption cases can be filed in South Dakota by allowing petitions to be filed in the county where the child was born or currently resides, in addition to the county where the adopting parent lives or where the child-placing agency is located. This gives families more flexibility in choosing a convenient courthouse for adoption proceedings.

modify restrictions on lands for certain public purposes.

This bill modifies South Dakota law to allow courts to change or remove restrictions on donated land when those restrictions become impractical due to changing circumstances. Courts can now either modify how the land is used (while still serving its original charitable or public purpose) or authorize its sale with proceeds reinvested according to the donor's original intent.

provide for the disclosure of any third party that has a right to receive a payment contingent upon the outcome of a civil action.

In civil lawsuits, parties and their lawyers must now disclose to the court and other parties any third party (like a litigation funder or investor) who has a right to receive payment based on how the case turns out. They must provide this disclosure within ten days of signing such an agreement or when filing the lawsuit, whichever comes later, and must also share copies of any agreements creating these contingent payment rights.

modify fees charged by the clerk of courts for certain copies of court records.

South Dakota court clerks will now charge new or modified fees for various court services, including a $50 fee for petitions to modify child support, custody, visitation, or spousal support orders (with an exception for people receiving state assistance benefits). The bill updates the fee structure that court clerks use to collect payments for filing cases, preparing court records, and other judicial services. These changes help standardize court costs across the state.

create a pilot program in the Unified Judicial System to develop a pretrial release program.

South Dakota's court system will test a new pretrial release program that allows judges to place people charged with crimes under supervision by court officers instead of requiring them to post bail, with conditions set by the judge. The courts must report back to the Legislature by the end of 2027 on how many people completed their release successfully, failed to appear in court, or were charged with new crimes, along with the program's costs. This pilot program will automatically end on December 31, 2027, unless the Legislature votes to extend it.

revise a provision related to aggravated assault.

HB 1062 clarifies South Dakota's aggravated assault law by listing five specific situations that constitute this felony, including causing serious bodily injury with extreme indifference to human life, assaulting someone with a dangerous weapon, and impeding someone's breathing or circulation by applying pressure to the throat or neck. The law maintains aggravated assault as a Class 3 felony but reorganizes and updates the definitions of conduct that triggers this charge.

provide a rebuttable presumption in favor of joint physical custody of a minor child.

HB1067 changes South Dakota custody law to presume that joint physical custody is in a child's best interest when parents dispute custody, unless the court finds evidence to the contrary based on specific factors. The bill defines joint physical custody as a roughly equal division of time between parents and allows either parent to request this arrangement, shifting the legal starting point away from the court having to decide on a case-by-case basis.

require the sealing of court files upon dismissal or denial of a petition for a protection order.

When a court dismisses or denies a petition for a protection order in South Dakota, court files must now be sealed so the public cannot access them. If a petition is dismissed without a hearing, sealing happens automatically; if it's denied after a hearing, the judge must first find that the petition had no legal basis and was harassing or frivolous. Law enforcement must also be notified to make their records of the petition nonpublic.

revise a provision related to unauthorized possession of a controlled drug or substance.

HB1115 clarifies that people charged with possessing controlled drugs that have been absorbed into their body must be prosecuted under a specific statute (§22-42-5.1) rather than the general unauthorized possession law. The bill maintains the same felony penalties—Class 5 felony for Schedule I or II drugs and Class 6 felony for Schedules III and IV—but creates a separate charging requirement for drug possession cases involving substances already in someone's system.

modify provisions related to the reimbursement fee for preparation of a garnishment disclosure.

This bill increases the reimbursement fee that plaintiffs must pay to a garnishee (the person or business holding a debtor's money) for preparing a garnishment disclosure from $15 to $40. The fee increase applies whenever a garnishment case proceeds and the garnishee provides the required disclosure documents to the plaintiff.

revise a provision related to service of process for boards of county commissioners.

# HB 1320 Summary This bill updates how people can legally notify county commissioners when appealing their decisions by allowing notices to be served on a county auditor, any county commissioner, the state's attorney, or a person the board designates to receive notices. The change clarifies and expands the options for delivering these required legal notices, making the appeals process more flexible.

revise certain requirements for contesting actions of the South Dakota Retirement System.

This bill extends the deadline for challenging South Dakota Retirement System decisions from 60 days to allow requests received by postmark to count as timely if mailed within the 60-day window, even if they arrive after that deadline. It also clarifies that if someone doesn't request a hearing within this timeframe, no court can later hear a lawsuit challenging the retirement system's order.

restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.

This bill eliminates the requirement that South Dakota courts give special deference to state agencies' interpretations of state laws, rules, and policies—instead, courts must independently determine what these provisions mean. Additionally, when interpreting state laws in cases involving state agencies, if courts find the meaning unclear after using standard interpretation methods, they must favor the interpretation that best protects individuals' constitutional rights.

repeal provisions related to the shared parenting child support cross credit.

This bill eliminates the "cross credit" mechanism that previously allowed courts to credit child support payments between parents when both had custody obligations to each other. The changes simplify child support calculations by removing one section of law entirely and adjusting how courts handle shared parenting situations, though the basic framework allowing reduced child support when a child spends significant time with the non-custodial parent remains in place.

provide a rebuttable presumption in favor of joint physical custody of a minor child.

South Dakota courts will now presume that joint physical custody (roughly equal time with each parent) is in a child's best interest during custody disputes, unless the other parent provides evidence otherwise. The bill defines joint physical custody as a roughly equal division of time between parents and removes an old statute that previously created the opposite presumption. A judge can still reject joint custody if evidence shows it wouldn't serve the child's best interests based on statutory factors.

allow for the expungement of records pertinent to dismissed protection order cases.

When a court dismisses a domestic abuse protection order or a stalking/harassment protection order, the judge can now order all records related to that case to be erased from court files and the Department of Social Services. This is a new power for judges—currently dismissed protection order cases leave a permanent record—and allows people to have their records cleared when the court finds their petition should not have proceeded. The bill applies to both types of protection orders under South Dakota law.

clarify bond or pre-trial release upon sobriety program participation.

This bill clarifies the rules for when courts can punish defendants financially for participating in the 24/7 sobriety program as a condition of bond or pre-trial release. A defendant cannot be jailed or have their release revoked just for owing program costs unless the court finds they can actually afford to pay—shifting the burden to the defendant to prove they either didn't willfully refuse to pay or made a genuine effort to do so. The state treasury fund now covers any unpaid program costs, but only if the court determines a defendant lacks the financial ability to pay.

require the award of certain disbursements to prevailing owners and taxpayers in appeals of property classifications or assessments.

This bill changes the rules for who pays attorney fees when property owners challenge their property assessments in court. If a property owner wins their case or reduces their assessment by at least 20%, the court must now award them attorney fees and court costs, whereas currently the court only has the option to do so. Additionally, the bill requires courts to award these fees to the county when property owners lose their appeals, replacing the current discretionary standard.

clarify the purposes permitted for certain offenders to operate a motor vehicle.

HB 1013 clarifies what purposes young drivers convicted of drug or alcohol offenses can use their vehicles for during license revocation periods—specifically allowing driving for employment, childcare, medical appointments, school, court appearances, probation meetings, sobriety testing, counseling, and treatment. The bill expands the list of permitted purposes beyond what was previously allowed, giving courts more flexibility to let offenders maintain some driving privileges for essential activities while their licenses are suspended.

revise and repeal provisions related to the crime victims' compensation program.

This bill updates how crime victims' compensation claims are handled by requiring the Department of Labor and Regulation to clearly document their decisions in writing, including findings of fact, the compensation amount awarded, and who receives it. The bill also eliminates an outdated section of law (§ 23A-28B-31) while keeping victims' right to appeal department decisions to the Crime Victims' Compensation Commission.

revise certain provisions related to child support.

HB 1045 updates South Dakota's child support rules to establish a minimum income threshold for calculating support obligations and clarifies when judges can deviate from standard support amounts. The bill presumes parents can earn at least the state minimum wage for 1,820 hours annually, adds protections against excessive support orders (presuming hardship if support exceeds 50% of monthly income), and expands factors judges must consider when departing from standard guidelines, such as a subsequent spouse's income or a parent's voluntary unemployment.

clarify the rights to appeal and refer certain decisions of boards of county commissioners.

This bill clarifies the process county commissioners must follow when deciding whether to approve or reject proposed changes to zoning and land use rules. The bill specifies that if commissioners adopt a change, they must publish a notice of adoption in the county newspaper and the change takes effect 20 days later, while rejections are handled under a separate appeals process outlined in state law.

establish provisions relating to the use of military protective orders upon arrest and as evidence in an action for a protection order.

When law enforcement arrests someone associated with the military, they must now check if a military protective order exists against that person in the federal database and notify the issuing military authority if a violation occurred. Additionally, military protective orders can now be used as evidence in South Dakota civil protection order cases to show a pattern of harmful behavior by the respondent.

require that courts consider as a mitigating factor during sentencing an individual's history as a victim of abuse and provide for a reduced sentence in certain circumstances.

This bill requires South Dakota courts to consider a defendant's history of being abused—whether physical, sexual, or psychological—as a reason to reduce their sentence. Defendants must provide court documents, medical records, social services files, or witness statements proving they were victims of abuse at the time they committed the crime.

allow the parole of certain inmates sentenced to life imprisonment without parole.

This bill allows inmates sentenced to life without parole to become eligible for parole if they committed their crime between ages 18 and 27 (excluding first-degree rape) and have served at least 25 years. The Parole Board must hold an initial hearing within six months of eligibility and consider specified factors, with subsequent hearings every two years if parole is denied. This change applies to anyone already serving a life sentence before July 1, 2026.

amend and repeal provisions pertaining to the ballot requirements for certain elections and to declare an emergency.

This bill simplifies ballot requirements for primary elections by requiring county auditors to include all precinct committeeman and committeewoman candidates on ballots, and requiring judicial candidates to appear without party designations in the order set by the Secretary of State. The bill repeals two existing provisions (sections 12-9-13 and 12-13-11) that previously contained different ballot rules, streamlining the overall election process. The law takes effect immediately upon passage as an emergency measure.

clarify the procedure for petitioning a board of county commissioners for a change to the comprehensive plan or zoning ordinances.

This bill clarifies the process for submitting petitions to county commissioners requesting changes to comprehensive plans or zoning ordinances. It establishes that petitions must be filed with the county auditor, who then forwards them to a planning commission for a recommendation within 45 days (including a public hearing), after which the county board holds its own public hearing and makes a final decision. The bill essentially codifies the step-by-step procedure that petitioners and county officials must follow when requesting zoning or comprehensive plan changes.

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.

revise provisions related to inmate compensation.

South Dakota is changing how inmate wages can be used to pay court-ordered debts and restitution. The bill allows inmates to keep more of their prison wages by creating an exception that protects some earnings from being automatically deducted to pay fines, costs, and other obligations owed to the state. This protects inmate compensation while still allowing deductions for crime victim compensation and other legally-required payments.

update provisions pertaining to open records.

HB1092 updates South Dakota's public records exemptions by clarifying which types of records don't have to be disclosed to the public, including student information, medical records, trade secrets from research institutions, attorney work product, and law enforcement investigation records. The bill refines the existing exemption rules under state open records law to better define what qualifies as protected information and under what circumstances records can be withheld from public access.

revise the time within which a recount for a school board election must be completed.

School board election recounts must now be completed before the annual board meeting held under state law, rather than within a previously specified timeframe. This gives recount boards a clearer deadline while ensuring the recount process finishes before the board's regular annual meeting occurs.

amend provisions pertaining to the timing of municipal elections.

HB1030 changes when South Dakota cities and towns hold their elections by adjusting the timing rules spread across multiple election law sections. The bill modifies deadlines and procedures for regular municipal elections, special elections, and related voting processes, though the specific new election dates or timing framework aren't fully clear from the excerpt provided. This is a comprehensive overhaul of municipal election scheduling that affects how cities organize and conduct their electoral processes.

revise the time for conducting the canvass of an election.

This bill changes when election results are officially counted and verified in South Dakota. Local election officials must now conduct their canvass at 9 a.m. on the first Tuesday after an election (instead of within six days), while the State Board of Canvassers must meet at 9 a.m. central time on the second Tuesday following the election (instead of within seven days) to review county results.

revise provisions related to trusts.

SB100 allows trustees to pay a trust creator's personal income taxes directly to the government or reimburse the creator for taxes owed on the trust, as long as an independent trustee, advisor, or protector (not the creator themselves) approves the payment. The bill clarifies that making these tax payments won't change the creator's legal status as a trust owner or affect their beneficiary rights under state law.

amend provisions pertaining to the duties of presidential electors.

SB 101 updates South Dakota's rules for presidential electors by requiring them to notify the Governor before 11 a.m. on Election Day that they're present and ready to serve. The bill also clarifies the process for filling vacant elector positions: if a party-nominated elector doesn't show up by 9 a.m., the remaining electors must vote to fill the vacancy from alternatives suggested by the political party, with the Governor (or Secretary of State) breaking any ties.

amend provisions pertaining to the processing of absentee ballots and to declare an emergency.

SB171 changes how South Dakota counties handle absentee ballots by requiring election officials to deliver lists of absentee voters to each precinct and update those lists throughout election day, and it adds new procedures for verifying absentee ballot envelopes. The bill also repeals one outdated absentee ballot statute and modifies several others to streamline the processing and counting of absentee ballots at the precinct level.