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revise certain provisions related to operating a vehicle, boat, or aircraft while under the influence.

This bill updates South Dakota's drunk and impaired driving laws to clarify language around alcohol content limits and expand the definition of impairment to explicitly include marijuana and prescription drugs in addition to controlled substances. The changes apply to regular vehicles, commercial vehicles, boats, and aircraft, and adjust the legal standards for determining when a driver is too impaired to operate safely.

require emergency personnel to use flares or emergency reflective triangles to mark stopped emergency vehicles in some circumstances.

This bill requires emergency personnel to place three flares or reflective triangles on the roadway when their vehicle stops to respond to an emergency—specifically when visibility is poor, road conditions are hazardous, or the emergency will take an extended time to address. The law strengthens protections for stopped emergency vehicles by making these warning markers mandatory in certain circumstances rather than optional, helping prevent accidents involving other drivers who might not see the stopped emergency vehicle.

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.

add licensed and registered child care programs to the definition of community safety zone.

South Dakota law currently defines "community safety zones" as 500-foot areas around certain facilities to restrict where sex offenders can live, including day care centers and family day cares. This bill adds licensed and registered child care programs to that list of protected facilities, expanding the locations where sex offenders are prohibited from establishing residences. The change strengthens protections for children in organized child care settings by treating these programs the same as existing day care facilities under state sex offender residency restrictions.

amend provisions pertaining to the required criminal background investigation of certain school employees.

South Dakota schools must now conduct criminal background investigations on all employees over 18 through fingerprint checks with state and federal authorities before they start work, though schools can allow temporary employment while waiting for results. Schools can withdraw job offers or fire temporary employees if the background check reveals disqualifying criminal records, and schools may cover the costs of fingerprinting and investigations. The bill also clarifies that people officiating school events and technical college instructors are either exempt from or included in these background check requirements, respectively.

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 certain provisions related to stalking, establish the crime of felony stalking of a public official, and provide a penalty therefor.

This bill expands South Dakota's stalking law to include a new crime: posting someone's home address, work location, school, or other identifying information online without consent, if done to intimidate or harass them. The bill also creates a new felony offense for stalking public officials, making such conduct a more serious crime than regular stalking.

establish the crime of trespass upon a place of worship, provide a penalty therefor, and declare an emergency.

South Dakota would create a new felony crime for trespassing at places of worship with intent to disrupt services, harass worshippers, or intimidate congregants through fear or political coercion. The law applies to anyone entering or remaining on a place of worship's premises or within 50 feet of its exits during the hour before or after services, with violators facing Class 5 felony charges. The bill takes effect immediately upon passage.

revise a provision related to loitering within a community safety zone.

This bill modifies the law restricting where sex offenders can be present by clarifying that registered sex offenders are prohibited from loitering in community safety zones or public libraries, even if they have a legitimate reason like visiting a minor in their care or custody. The change adds an exception for offenders who were juveniles when they committed the offense and weren't tried as adults, or who received a court order exempting them from these restrictions. Violations remain punishable as a Class 6 felony for the first offense and a Class 5 felony for subsequent violations.

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.

amend the type of entities eligible to participate in the cybersecurity services initiative.

South Dakota's existing $7 million cybersecurity services initiative now includes nonprofit organizations that provide drinking water and sanitary sewer utilities, in addition to the previously eligible counties, municipalities, and utilities run by government bodies. This expansion allows more types of water and sewer service providers to access state funding to strengthen their protection against cyber attacks.

increase the amounts required in a motor vehicle liability policy.

South Dakota's minimum car insurance requirements are increasing under this bill. Vehicle owners must now carry liability coverage of at least $50,000 per person and $100,000 per accident for bodily injury or death (up from $25,000 and $50,000), and $50,000 for property damage (up from $25,000).

provide for the creation of a cardiac emergency plan in every school and to make an appropriation therefor.

South Dakota schools must now create and implement cardiac emergency response plans that include forming a response team, placing accessible defibrillators on campus, training staff in CPR and defibrillator use, and establishing procedures for sudden cardiac arrest situations. School districts and nonpublic schools must review these plans annually, maintain their defibrillators, and conduct regular drills to practice responding to cardiac emergencies.

increase penalties for the operation of drones over certain facilities and to provide for mitigation techniques and countermeasures.

Operating a drone over prisons, jails, juvenile detention facilities, or military installations without permission is now a Class 6 felony (a more serious crime than before). Law enforcement officers are authorized to use countermeasures and mitigation techniques to stop illegal drones, and the Department of Public Safety will create rules and training programs to guide officers on which techniques are allowed and how to use them.

revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

South Dakota law now prohibits creating and sharing digitally fabricated (deepfake) sexual images of identifiable people, making it illegal to generate or distribute fake nude or sexually explicit videos or photos of someone without their consent. The bill also expands the existing "invasion of privacy" law to make clear that both the creation and distribution of such deepfakes are crimes, with penalties ranging from misdemeanor to felony charges depending on whether the victim is a minor.

enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

This bill strengthens penalties for bringing drugs and other contraband into South Dakota prisons by increasing the felony classifications for drug delivery to inmates. Specifically, possessing or delivering any prescription or non-prescription drug to an inmate becomes a Class 3 felony (up from a lower classification), and the bill also adds penalties for inmates who ingest controlled substances while incarcerated. The enhanced penalties apply to prison employees and visitors who smuggle these items into correctional facilities.

clarify the prohibition on injuring or harassing a service animal.

South Dakota law already prohibits harming service animals, but this bill clarifies what counts as a service animal by defining it as a dog trained to perform work or tasks related to a person's disability—excluding dogs whose only purpose is to provide emotional support or comfort. The law remains a Class 1 misdemeanor to injure or interfere with such an animal, but now explicitly lists behaviors like enticing, distracting, or intimidating the animal as violations.

prohibit the misrepresentation of an animal as a service animal and to provide a penalty therefor.

South Dakota now makes it illegal to falsely claim that a pet is a service animal in public places in order to gain access or privileges meant for people with actual service dogs. A violation is a Class 2 misdemeanor, and the law clarifies that only dogs specially trained to perform disability-related tasks count as service animals—not pets kept simply for emotional support or comfort.

establish requirements and liability protection for registered nurses and licensed practical nurses serving on ambulance crews.

This bill allows registered nurses and licensed practical nurses to serve on ambulance crews alongside or instead of traditional emergency medical technicians, expanding who can provide emergency medical care during ambulance runs. The bill also creates liability protections for nurses working on ambulances and establishes that a physician assistant or nurse practitioner can supervise an ambulance service instead of requiring a physician medical director. These changes give ambulance services more flexibility in staffing while maintaining medical oversight of emergency care.

modify requirements for ambulance operators.

This bill changes the rules for who can use blue lights on ambulances and when they're allowed to exceed speed limits during emergencies. Ambulance operators must now meet new requirements (detailed in a new section added by this bill) to use blue lights and respond to emergency calls with special driving privileges. The bill also clarifies that these emergency vehicle exceptions apply only when the ambulance operator is actually en route to an emergency and has proper authorization.

provide requirements related to the cardiac health evaluation of minors.

South Dakota schools must now require students to get a cardiac health screening within one year before participating in school-sponsored athletics, with a licensed health care provider documenting the exam on a state-approved form that includes questions about the student's personal and family cardiac history. The Department of Health will create educational materials about sudden cardiac arrest and screening options, which schools must distribute to all students at the start of each academic year. Students cannot participate in school athletics without providing their signed physical exam form to their school.

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.

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.

expand the information required to be sent to the prescription drug monitoring program for each registry identification card holder.

This bill requires the state to share additional information about medical cannabis cardholders with South Dakota's prescription drug monitoring program—specifically their name, address, date of birth, and registry identification card number. The change ensures that pharmacists and prescribers can see which patients have active cannabis registrations when reviewing their prescription histories.

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.

modify requirements regarding the use of a mobile electronic device while operating a motor vehicle.

South Dakota's ban on using mobile electronic devices while driving now clarifies what counts as an emergency exception—specifically allowing drivers to use their phones to text 911, call emergency services, report fires or accidents, report unsafe drivers, or report crimes. The law also clarifies that using GPS or navigation features is permitted as long as the driver isn't manually entering information while driving. These changes refine the existing ban to make clear which specific emergency and navigation uses are legal.

modify provisions related to the controlled substances schedule and to declare an emergency.

HB1016 adds new definitions to South Dakota's controlled substances law, specifically creating a detailed definition of "chemically derived cannabinoid" that excludes certain naturally occurring cannabinoids and topical products. The bill also clarifies what counts as a "controlled substance analogue" by specifying chemical similarities that would classify a substance as illegal. These changes tighten the state's ability to regulate synthetic drugs and cannabis-related products.

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.

prohibit the electronic publication of certain information about a judicial officer or law enforcement officer and provide a penalty therefor.

This bill makes it illegal to electronically publish a judge's or law enforcement officer's home address, date of birth, or social security number without their permission if you intend to threaten them or their family with death or serious injury. Violating this new law is a Class 6 felony.

prohibit the dissemination of location information about a public officer and provide a penalty and civil cause of action therefor.

This bill makes it a Class 6 felony to publicly share the home address, workplace, or school location of a current or former public officer or their family members without permission if done to harass, intimidate, threaten, or make them fear for their safety. The bill also creates a separate civil lawsuit option allowing public officers to sue for damages, emotional distress, attorney fees, and punitive damages—regardless of whether criminal charges are filed or result in conviction.

revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for persons under the age of twenty-one and to provide a penalty therefor.

This bill updates South Dakota's rules on synthetic cannabinoids by making it illegal for anyone to sell, give, or provide delta-8 THC, THC-O acetate, or hexahydrocannabinol products to people under age 21, with an exception only for prescribed medical use or if a parent or guardian obtains it as medicine from a doctor. The bill also makes it illegal for minors to purchase, possess, or consume these products except when prescribed by a healthcare provider. These restrictions now apply to four specific cannabis-related compounds rather than just the ones previously regulated.

clarify and establish requirements related to forensic medical examinations.

SB87 clarifies that counties must pay for the complete costs of forensic medical examinations for rape and sexual assault victims, including hospital services, lab tests, medications, and imaging—and specifies that victims don't have to report the crime or cooperate with police to receive this free examination. The bill also requires hospitals and clinics to work with counties to set up payment processes and inform victims that these exams are available at no cost to them.

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

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

make an appropriation for grants to support the purchase of personal protective equipment by volunteer fire departments and to declare an emergency.

South Dakota will provide $5 million in grants to volunteer fire departments (those with at least 70% volunteer firefighters) to help them buy protective equipment like gear and clothing for their firefighters. The Department of Public Safety will review applications in the order they're received and prioritize funding to departments with the greatest safety needs, with any unspent money reverting to the state by June 30, 2030.

prohibit a person from refusing to identify oneself in certain circumstances and to provide a penalty therefor.

This bill makes it illegal for someone to refuse to show identification when a merchant or law enforcement officer lawfully detains them for suspected underage alcohol purchase or possession. A person who refuses to verify their identity in these circumstances commits a Class 2 misdemeanor, adding a criminal penalty where none previously existed.

permit the board of a school district to require that certain students receive instruction in alternative settings.

School district boards can now assign students who engage in aggressive or violent behavior that disrupts school or threatens safety to receive instruction in alternative settings instead of regular classrooms. School districts must report annually to the Department of Education how many students were placed in alternative settings, though the state can only publicly share this data in anonymized and combined form across all districts.

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.

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.

allow subdivisions to limit the operation of drones at open-air events.

South Dakota cities and counties can now create local rules limiting drone operations at large public gatherings like parades, fairs, festivals, sporting events, and air shows to protect people's privacy and prevent trespassing. This gives local governments new authority to restrict where drones can fly during these crowded events, though the restrictions must be reasonable and necessary.

authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.

This bill allows electric utilities, electric cooperatives, municipal utilities, and wholesale electricity generators to create wildfire mitigation plans that detail their efforts to prevent or reduce wildfire damage. The plans must be approved by each utility's board or city council (for cooperatives and municipal utilities) or filed with the Public Utilities Commission (for other utilities), and the commission will publish them on its website. The bill establishes a framework for these plans but also appears to include liability protections for utilities that follow approved wildfire mitigation plans, though the excerpt cuts off before detailing those protections.

revise the requirements for executive sessions and closed meetings.

Senate Bill 47 revises the allowed reasons South Dakota public bodies can hold private executive sessions or closed meetings, expanding the list to include new protections for security vulnerabilities, emergency management plans, cybersecurity information, and building blueprints that could endanger public safety if disclosed. The bill also clarifies existing exceptions for discussing employee performance, student discipline, legal matters, and contract negotiations. These changes give public agencies clearer guidance on when sensitive discussions can happen behind closed doors without public attendance.

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.

require that the Department of Health annually report on public health effects of cannabis use.

South Dakota's Department of Health must now submit an annual report to the legislature by March 1st documenting the medical cannabis program's financial activity, public health impacts, and detailed usage statistics. The report will track metrics like the number of patient applications, cannabis-related poisonings and hospitalizations, drug deaths involving cannabis, licensing violations, and demographic information about registered patients and healthcare providers involved in the program. This creates a new accountability requirement to monitor how the medical cannabis program affects public safety, health, and behavioral health services in the state.

modify the crime of cruelty to an animal and increase the penalty therefor.

South Dakota currently has animal cruelty laws, but this bill creates a new enhanced penalty for the most severe cases. If someone commits animal cruelty in an especially cruel way—described as depraved, heinous, sadistic, or wicked—they can now be charged with a Class 4 felony instead of a lesser offense. This gives prosecutors the option to pursue more serious charges when animal abuse is particularly brutal or intentional.

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.

amend provisions related to changing rooms, sleeping quarters, and restrooms.

HB1161 requires state and local government buildings to designate multi-occupancy changing rooms, restrooms, and sleeping quarters for exclusive use by either females or males, with exceptions for firefighters and law enforcement acting in official capacity. The bill also clarifies that certain people—like parents with young children, people needing assistance, emergency responders, and maintenance workers—are exempt from restrictions on entering designated facilities. These changes establish clearer rules about who can use which facilities in government buildings.

require that a snow bear be titled and licensed.

South Dakota law will now require that snow bears be titled and licensed like motor vehicles, subjecting them to the same registration and titling requirements that currently apply to cars and trucks. The bill amends several sections of South Dakota's vehicle code to include snow bears in the definition of vehicles that must be registered with the Department of Revenue. This means snow bear owners will need to obtain a title and license for their vehicles before operating them on South Dakota roads or property.

require an alternate approval process for an operation that extracts materials by the use of explosives.

This bill creates a new approval process for mining operations that use explosives to extract materials like sand, gravel, and rock in South Dakota. Currently, operators only need a standard mining license for extraction without explosives; this bill requires those using explosives to follow different rules and report their explosive use to the state within 90 days. The bill also clarifies that if a contractor or agent of the mining operator uses explosives, it counts as the operator using explosives for regulatory purposes.

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.

make an appropriation for costs related to the suppression of wildfires impacting the state and to declare an emergency.

South Dakota is spending $2.65 million from its general fund to pay for wildfire suppression costs across the state. The bill declares an emergency so the money can be spent immediately without the usual budget restrictions.

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.

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.

modify the requirements for open meeting agendas and provide a penalty therefor.

Public bodies in South Dakota must now describe proposed agenda items in enough detail to tell the public what business will actually be discussed at their meetings—not just list vague topic names. Anyone who violates this requirement can be charged with a Class 2 misdemeanor.