Search Bills

provide for the licensing of property data collectors and the registration of property data collection companies and to provide a penalty therefor.

South Dakota will create a new licensing system for property data collectors (individuals who inspect properties and prepare reports for real estate financial transactions) and require companies that hire them to register with the Department of Labor and Regulation. This establishes state oversight of a profession that currently has no licensing requirements, distinguishing it from real estate appraisal. The bill also sets penalties for violations of these new licensing and registration rules.

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

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

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

South Dakota will create a new fishing guide license that people must obtain to legally guide fishing trips in the state. The bill adds "fishing guide license" as a new category to the state's system of hunting and fishing licenses and permits. Penalties for operating as a fishing guide without the proper license will be established.

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.

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.

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.

discontinue the issuance of new Class B electrician licenses.

South Dakota will stop issuing new Class B electrician licenses after June 30, 2026, though electricians already licensed at that date can keep their licenses and continue working. The change amends the definition of "Class B electrician" to specify they must have been licensed before the July 1, 2026 deadline. This effectively phases out the Class B license category while allowing current holders to practice indefinitely.

require the licensure of certain individuals performing installation of radon mitigation systems and provide a penalty therefor.

Starting January 1, 2026, anyone in South Dakota who installs radon mitigation systems for pay must first obtain a license from the Department of Health by completing an approved national certification program and paying a licensure fee. Violating this requirement is a Class 1 misdemeanor, and licenses must be renewed annually. This creates a new licensing requirement where none previously existed for radon mitigation work.

modify provisions related to the licensure of public accountants.

HB 1035 updates South Dakota's definitions for public accountant licensing by clarifying terms used in the state's accountancy regulations, such as what constitutes a "CPA firm," "PA firm," "licensee," and other key concepts. The bill essentially modernizes the language in the accountancy law to ensure consistent terminology across the licensing system. These definitional changes help the Board of Accountancy apply and enforce licensing requirements more clearly.

clarify provisions related to the licensure of certified social workers in private, independent practice and establish an alternative to the licensure examination.

This bill allows certified social workers to become licensed for private practice either by passing an exam or by meeting additional professional experience requirements instead. The bill clarifies eligibility rules for private practice licensure and notes that those who use the experience alternative cannot participate in the interstate Social Work Licensure Compact.

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.

establish basic and advanced esthetics licenses, and to revise the licensure chapter for cosmetology, nail technology, and esthetics.

South Dakota is splitting the esthetics license into two separate credentials—a basic esthetics license and an advanced esthetics license—to create different qualification levels for skin care professionals. The bill comprehensively revises the cosmetology licensing chapter to define these new license types, set their requirements, and update related rules for salons, apprenticeships, and professional standards. This restructuring replaces several outdated provisions while maintaining the overall regulatory framework for cosmetology, nail technology, and esthetics professionals.

clarify authority for the Cosmetology Commission to credit work experience for educational hours for certain out-of-state licensure applicants, and to require the commission to promulgate rules therefor.

The Cosmetology Commission can now officially credit work experience from out-of-state jobs as a substitute for some of the required classroom hours when someone with an out-of-state cosmetology, nail technician, or esthetics license applies for a South Dakota license. The bill requires the Commission to write specific rules defining how much work experience qualifies and how it converts to educational hours.

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.

provide an apprenticeship pathway to practice law in South Dakota.

This bill creates a new pathway for University of South Dakota law graduates to become licensed attorneys without taking the bar exam, instead requiring 675 hours of supervised apprenticeship under an experienced attorney in South Dakota. The apprentice must be a South Dakota resident and work under a supervising attorney who has been licensed and practicing law full-time for at least seven years. This alternative route gives law school graduates another option to enter the legal profession in the state.

modify provisions related to the practice of pharmacy.

SB14 updates South Dakota's pharmacy regulations by revising definitions and rules governing how pharmacists can practice, including changes to what counts as drug "compounding" and how pharmacists can work with patients and other healthcare providers. The bill streamlines several regulatory sections, eliminates one outdated rule, and adds new provisions to clarify pharmacist responsibilities and scope of practice. These changes modernize the state's pharmacy laws to reflect current professional standards and practices.

revise and repeal provisions related to the athletic commission.

South Dakota is updating its athletic commission rules by repealing outdated sections and adding detailed definitions for boxing, kickboxing, mixed martial arts, and related roles like managers and matchmakers. The bill also significantly expands the commission's regulatory framework, particularly in section 42-12-10, to better govern these combat sports and the people involved in organizing and participating in them. These changes modernize how the state oversees professional fighting competitions and related activities.

require that any holder of a commercial driver license in this state must be proficient in the English language, and to provide a penalty therefor.

South Dakota would require that all commercial driver license holders be proficient in English, adding a new qualification to the existing requirements for getting or keeping a commercial license. The bill amends the state's commercial driver licensing law to include this English proficiency standard alongside current requirements like driver training and passing knowledge and skills tests. Violating this requirement would result in a penalty, though the bill text provided doesn't specify what that penalty would be.

restrict the use of artificial intelligence in therapy and psychotherapy services and to provide a penalty therefor.

This bill creates a new law prohibiting licensed therapists, psychologists, social workers, counselors, and similar mental health professionals from using artificial intelligence to conduct therapeutic communication with clients. The ban covers any AI-based system used to diagnose, treat, or address a client's mental, emotional, or behavioral health concerns, and violations would result in penalties.

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.

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.

require that any holder of a commercial driver license in this state must be proficient in the English language, and to provide a penalty therefor.

South Dakota will require all commercial driver's license holders to demonstrate proficiency in the English language as a condition of getting or keeping their license. The bill adds this English proficiency requirement to the state's existing commercial driver's license qualifications, aligning with federal standards for commercial vehicle operators.

adopt the physician assistant licensure compact.

South Dakota is joining a multi-state compact that lets physician assistants licensed in one participating state practice in other participating states without getting separate licenses in each state. This makes it easier for physician assistants to work across state lines and helps military families relocate without losing their ability to practice, while each state still maintains the power to discipline PAs practicing within its borders.

adopt the athletic trainer licensure compact.

South Dakota is joining the Athletic Trainer Licensure Compact, which allows licensed athletic trainers from other participating states to practice in South Dakota without getting a separate South Dakota license. The bill requires athletic trainers seeking to use this compact privilege to undergo a fingerprint-based criminal background check at their own expense and establishes procedures for the state licensing board to manage these background checks.

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.

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.

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.

require employment verification eligibility through the e-verify program and to provide a penalty therefor.

South Dakota employers with more than 50 employees must verify that newly hired workers are legally eligible to work using the federal E-Verify program within 20 days of hire and keep those records on file. The state Attorney General can investigate complaints and collect a $2,000 civil penalty for each violation if an employer knowingly hires an unauthorized worker, though employers acting in good faith using E-Verify are protected from liability.

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.

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.

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.