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provide for indigent legal services by the Commission on Indigent Legal Services, and to provide an appropriation therefor.

This bill shifts responsibility for providing and paying for legal representation of poor people from individual counties and cities to a new state-level Commission on Indigent Legal Services. Instead of each county deciding how to handle indigent defense, the commission will now establish the system for providing lawyers to people who can't afford them and will pay the costs directly rather than leaving it to county budgets.

proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a declaration of necessity and clarifying public use of private property taken or damaged by eminent domain.

South Dakota voters would be asked to approve a constitutional amendment that requires the government to publicly declare why it needs to take or damage private property before using eminent domain, and clarifies that "public use" cannot simply mean increasing tax revenue, jobs, or economic growth. The amendment also specifies that property owners keep the underlying land rights when property is taken for railroads or highways, and prevents the government from reducing compensation payments based on any benefits the owner might gain from the taking.

establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech.

South Dakota creates a new anti-SLAPP law that allows people to quickly dismiss lawsuits filed against them for protected speech activities, such as speaking at government meetings, discussing public issues, or exercising free speech rights on matters of public concern. The law does not apply to cases against government employees acting in their official capacity or to businesses being sued over communications related to their actual sale of goods or services. This protects citizens and organizations from expensive litigation designed to silence their public speech.

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 provision of interpreter or translator services for parties to an administrative contested case.

HB 1219 requires state agencies to provide and pay for interpreters or translators when a party or witness in an administrative case needs one to understand proceedings. The bill amends the rules for contested cases to explicitly allow parties to obtain these language services at no cost to them, with the agency covering the interpreter's compensation following the procedures outlined in the bill.

require notification of property owners prior to the establishment of a tax increment financing district.

Property owners must receive written notice at least ten days before a city or county establishes a tax increment financing district (TIF) in their area. The notice must inform them that their property falls within the proposed district and tell them when it will be officially created. This requirement gives property owners advance warning and time to respond before TIF districts take effect in their communities.

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.

revise requirements pertaining to the minimum age for marriage.

South Dakota's new marriage law raises the minimum age requirement to 18 years old for all marriages, unless a minor at least 16 years old obtains a court order or parental consent. When minors marry, the law now requires a court hearing where a judge determines the marriage is voluntary and in the minor's best interest, and it prohibits marriages where the age difference between partners exceeds four years.

modify requirements for public notice of a hearing prior to a vote to impose an excess tax levy.

South Dakota school districts and other taxing districts must now give property owners at least 21 days' notice before voting on an excess tax levy, using published notices, website postings, and direct mail or email to all property owners. The notice must specify the maximum amount being considered, the tax increase per $100,000 of property value, the hearing date and location, and how the money will be used, and districts must allow public comment at the hearing before voting.

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 that consent for the donation of ovum or sperm must be explicit.

This bill clarifies that agreeing to be an organ donor does not automatically mean a person consents to donate eggs or sperm—separate, explicit consent is required for reproductive material. The law prevents eggs or sperm from being retrieved or used without a donor's specific, informed agreement to that particular donation.

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.

establish policies and procedures for the use of solitary confinement in a juvenile facility.

This bill creates new rules to limit when solitary confinement can be used on juveniles in South Dakota detention and correctional facilities—it can only be used as a temporary response when a youth poses an immediate physical danger to themselves or others, and it prohibits use for punishment, discipline, administrative convenience, or retaliation. A facility director or supervisor must immediately review and approve every instance of solitary confinement, and staff must try less restrictive alternatives before resorting to isolation.

revise a provision related to the transportation of an inmate upon discharge from a correctional facility.

South Dakota will now require correctional facilities to provide discharged inmates with clothing, money determined by the corrections secretary, and transportation to one of three locations: the county where they lived when arrested, the county where they were sentenced, or a location of equivalent distance to either of those two counties, whichever involves less mileage. This replaces the previous rule that only required these items "if not already provided" and clarifies that inmates have a choice of destination rather than being transported to a single predetermined location.

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.

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

South Dakota law currently protects certain property from being seized to pay debts, and this bill adds one motor vehicle to that list of protected property. Debtors will now be able to keep one vehicle from being taken through legal collection processes, similar to how they can already keep essential household items, clothing, and religious property. This change helps ensure debtors retain basic transportation while satisfying their creditors through other means.

revise the factors for considering deviation from the child support obligation schedule.

South Dakota law on child support now includes seven specific factors a judge can consider when deciding whether to adjust child support payments away from the standard amount, including a new factor about federal income tax consequences of claiming the child as a dependent. The bill also clarifies that if total child support obligations exceed 50% of the paying parent's monthly income, there's a presumption of financial hardship that can be challenged with other evidence.

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.

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.

permit a court to require that a defendant participate in global position monitoring as a condition of release for certain offenses.

When someone is arrested for domestic abuse, a judge must now require them to wear a GPS monitoring device that tracks their location 24/7 and alerts police if they go near places they're banned from visiting. The defendant must pay for the GPS device, and if the victim agrees, must also pay for an app or device that lets the victim know when the defendant is nearby.

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.

modify the surcharge for a responding party in a forcible entry and detainer action.

This bill eliminates the $25 court surcharge that defendants must pay when filing an answer in eviction (forcible entry and detainer) cases. The change removes eviction cases from the list of civil lawsuits where courts can collect this "equal access to courts" fee from responding parties.

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 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 the child support obligation schedule.

This bill updates South Dakota's child support payment schedule by increasing the self-support reserve—the minimum monthly income a parent needs to keep for their own living expenses—from $871 to $1,148 per month. This change affects how child support obligations are calculated for noncustodial parents, potentially lowering their required payments when their income is low. The bill also updates the specific dollar amounts in the child support obligation table that courts use to determine payment amounts.

revise restrictions on residence within a community safety zone and to declare an emergency.

This bill allows registered sex offenders to live within community safety zones (areas around schools, parks, and shelters) if they established their residence before July 1, 2024, when the rule covering domestic abuse and sexual assault shelters took effect. Previously, sex offenders couldn't live in these zones unless they fell into narrow exceptions like being incarcerated or homeless; the new law grandfathers in people who were already living there before the 2024 shelter restriction was added.

revise the conditions for denial or restriction of a motor vehicle or motorcycle operator license or permit if an individual has a medical condition that can be controlled under the care of a physician.

HB1079 changes the rules for when the Department of Public Safety can deny or restrict driver's licenses for people with medical conditions like seizures or blackouts. Instead of automatically denying licenses until someone goes 12 months without an episode, the bill allows the department to issue a temporary permit if a doctor confirms the condition is controlled by medication and the person is under ongoing medical care, with the permit reviewed every six months.

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.

prohibit certain persons from requiring genetic-based vaccinations.

This bill prohibits employers and government agencies from requiring employees to receive vaccines developed using genetic material technology (such as mRNA vaccines) as a condition of employment or treatment during public health emergencies. It also clarifies that individuals suspected of having serious communicable diseases cannot be forced to accept genetic-based vaccines as part of their treatment, though they may still be required to accept other diagnoses and treatments.

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.

limit the liability of law enforcement officers and others when removing a disabled vehicle from a highway, a right of way, or public waters.

This bill protects law enforcement officers, highway patrol agents, and towing companies from liability when they remove disabled or obstructed vehicles from highways and public areas—meaning the vehicle owner generally cannot sue them for damage to the vehicle unless the officers act with gross negligence or willful misconduct. The vehicle owner remains responsible for paying all removal costs. This creates a legal safe harbor for officials who need to quickly clear roads of hazardous or abandoned vehicles.

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.

revise provisions for the acquisition of highway easements and rights of way.

This bill clarifies the process for the South Dakota Department of Transportation to acquire land for borrow pits (areas where material is extracted for road construction) by requiring the department to file notice with landowners and the county register of deeds before proceeding with acquisition. The notice must describe the purpose of the acquisition, the property involved, and confirm that fair compensation will be negotiated with the landowner and anyone else with a financial interest in the property.

address search and seizure provisions applicable to digital currency.

South Dakota law now explicitly includes digital currency (like Bitcoin) within the definition of "property" that can be searched and seized by law enforcement with a proper warrant. The bill also defines "digital currency" as any digital representation of value stored on blockchain or similar technology, ensuring that South Dakota's search and seizure laws apply equally to cryptocurrency as they do to traditional assets.

establish investigative subpoena authority to gather business records in certain investigations.

South Dakota's Attorney General can now obtain an investigative subpoena from a judge to demand business records from internet and telecommunications companies during investigations into internet crimes against children or human trafficking. The Attorney General must show a judge there is reasonable cause to believe the records are relevant to an active criminal investigation before issuing the subpoena. This creates a new legal tool for gathering evidence from providers like email services, internet providers, and phone companies in these specific types of criminal cases.

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.

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.

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.

establish a criminal background check requirement for multistate licensure under the social work licensure compact.

South Dakota now requires anyone applying for a multistate social work license to submit fingerprints for state and federal criminal background checks before the license can be issued. The social work licensing board must consider the criminal history results when deciding whether to approve the multistate license application and cannot share this background check information with anyone outside the board.

revise and repeal provisions related to rape offenses and to increase the penalty therefor.

South Dakota's rape law is being reorganized and made stricter: rape involving a child under 13 moves from a Class C felony to the more serious Class B felony, while the definitions and circumstances for other rape offenses remain largely the same. The bill also repeals one existing rape statute and removes the statute of limitations for all rape charges, meaning prosecutors can bring charges at any time regardless of how long ago the crime occurred.

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.

ensure the validity of non-compete agreements in the context of jointly owned business entities.

South Dakota now allows business owners to sign non-compete agreements that prevent them from starting or working for competing businesses after they sell their ownership stake in a company. These agreements can last up to three years and apply within the geographic area where the original business operates, and they can be included in the company's governing documents or in the sale contract itself.

limit the ability of a health carrier to recoup, recover, or retroactively deny previously paid claims.

Health insurance companies can now only take back or deny payment for previously paid claims within 18 months of paying them, and only if they give the provider written notice of why—this protects providers from surprise claim denials years later. The rule has exceptions for claims involving fraud, waste, abuse, or claims involving other insurance types like Medicare, Medicaid, workers' compensation, or when a provider was already paid for the same service. The Division of Insurance will enforce this new requirement.

authorize the recall of certain elected officials or individuals appointed to fill vacancies in certain offices.

This bill creates a new recall process allowing South Dakota voters to remove elected officials or people appointed to fill vacant offices if they gather signatures from at least 15 percent of registered voters in that official's jurisdiction and cite grounds such as crime, incompetency, or misconduct. The signatures must be collected within 60 days before filing the recall petition with the Secretary of State, and the bill does not apply to officials who can be impeached under the state constitution.

revise procedures for returning and withholding security deposits for residential premises.

Landlords must now return security deposits within 21 days of a tenancy ending and can only withhold money for unpaid rent, other agreed-upon charges, or repairs beyond normal wear and tear. If a tenant requests an itemized accounting within 45 days, the landlord must provide it, and landlords who fail to follow these rules or wrongfully keep deposits face up to $200 in punitive damages.

clarify the effect of the resignation of certain gubernatorial appointees.

SB 146 clarifies what happens when someone resigns from a state board or commission appointed by the Governor. Under this bill, a resigned board member must continue serving until either the Governor appoints a replacement with Senate approval, the Governor makes an interim appointment, or a resignation date the person set in writing takes effect—whichever comes first.

increase legislative oversight procedures and protections against conflicts of interest, and to provide a penalty therefor.

SB 155 strengthens the Government Operations and Audit Committee's investigative powers by allowing it to use civil discovery tools like depositions, written questions, and document requests—similar to what happens in court cases—and to enforce these tools through the court system if someone refuses to comply. The bill also adds penalties for anyone who knowingly or intentionally ignores these investigative demands, and creates new conflict-of-interest protections for legislators (though the specific details of those protections are not shown in this excerpt).

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.

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.

protect certain rights of healthcare providers.

HB 1153 creates new legal protections for healthcare providers, including doctors, nurses, pharmacists, and healthcare organizations, allowing them to decline participation in medical services based on their ethical, moral, or religious beliefs. The law applies broadly to individual healthcare workers as well as hospitals, clinics, insurers, and other entities that pay for or arrange medical services. This gives healthcare providers a legal right to refuse involvement in certain medical procedures without losing their license or facing state penalties.

establish provisions related to the disclosure of COVID-19 and mRNA vaccination status and blood donations.

Blood banks in South Dakota must ask donors whether they've received a COVID-19 or mRNA vaccine and label blood bags from vaccinated donors accordingly, without revealing the donor's identity. Patients needing non-emergency blood transfusions can request blood from either vaccinated or unvaccinated donors, and healthcare providers must honor that request if the requested blood is available and cannot refuse care based on a patient's preference.

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.

prohibit certain state officers or employees from being employed by an organization that was the recipient of a contract awarded on behalf of a state agency for a period of time.

SB93 strengthens South Dakota's ethics rules by prohibiting state officers and employees who approve or administer government contracts from working for companies that received those contracts for one year after leaving their state job. The bill expands the existing one-year "cooling off" period that already applied to new contracts with state agencies, now making it also apply to employment with organizations that won state contracts.

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.

provide for the participation of delegates from this state in an Article V convention, and to provide a penalty therefor.

This bill sets up rules for how South Dakota can participate in a federal constitutional convention (called an Article V convention) if enough states request one, including defining key terms like "delegates," "legislative instructions," and what counts as an unauthorized amendment. The bill establishes that South Dakota delegates must follow instructions from the state legislature and cannot vote on amendments outside the approved subject matter. These changes update South Dakota's existing laws about the state's role in any potential constitutional amendment process at the federal level.

increase the penalty for preventing practice of religion.

This bill makes it a Class 6 felony (up from a lower penalty level) to use threats or violence to prevent someone from practicing their religion. The law applies to anyone who intentionally stops another person from performing activities that their religion requires or recommends.