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permit a court to commit a juvenile adjudicated delinquent for certain weapons offenses to the Department of Corrections.
SB 179 allows courts to send juveniles convicted of certain weapons offenses to the state Department of Corrections instead of only to juvenile detention facilities. Currently, South Dakota law requires courts to use the "least restrictive alternative" for juvenile offenders, but this bill creates an exception for specific weapons crimes by permitting adult prison placement as a sentencing option.
ensure the validity of non-compete agreements in the context of jointly owned business entities.
This bill allows owners of jointly owned businesses to include non-compete agreements in their operating documents or sale agreements that prevent departing owners from starting competing businesses in the same area for up to three years after they sell their stake. The bill clarifies that these non-compete clauses are valid and enforceable under South Dakota law when they meet these conditions.
revise requirements pertaining to the minimum age for marriage.
South Dakota's minimum marriage age is raised to 18 for all couples, eliminating the previous allowance for 16- and 17-year-olds to marry with parental consent. The only exception is that minors aged 16 or 17 can still marry if they obtain a court order confirming the marriage is voluntary and in their best interest. This removes the automatic parental-consent pathway and requires judicial approval instead.
modify restrictions on lands for certain public purposes.
This bill expands the court's authority when lands given for religious, charitable, educational, or public purposes can no longer be used as originally intended due to changed circumstances. Courts can now modify restrictions on how the land is used and managed to best accomplish the original charitable purpose, or authorize selling the land and reinvesting the proceeds in other suitable property that serves the same purpose.
revise provisions related to serving a subpoena in a contested case.
This bill updates South Dakota's rules for handling subpoenas in administrative hearings by clarifying who can issue them and how they work. The changes allow parties in contested cases to more directly issue subpoenas on their own behalf rather than requiring agency involvement, and they streamline the language around what evidence agencies must consider when deciding cases. These revisions make the administrative hearing process more flexible for the people involved while maintaining fairness and legal sufficiency standards.
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.
make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.
South Dakota is setting aside $650,000 from its general fund to pay for unusual or unexpected legal costs that the state incurs in litigation. The money goes into a special fund for these extraordinary legal expenses, and the state declares this an emergency so the law takes effect immediately rather than waiting for a delayed start date.
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.
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.
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.
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.
urging the Supreme Court of the United States to overturn the decision in Obergefell v. Hodges.
This concurrent resolution asks the U.S. Supreme Court to overturn its 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. The resolution does not change South Dakota state law itself; instead, it expresses the South Dakota Legislature's position that the Supreme Court's ruling was unconstitutional and requests that the Court reconsider its decision.
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 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.
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.