South Dakota Bills | MyRepTracker

passed · South Dakota · Senate Mar 4, 2026

SB 224: provide a rebuttable presumption in favor of joint physical custody of a minor child.

SB 224 creates a legal presumption that joint physical custody (where a child spends roughly equal time with both parents) is in the best interest of a child during custody disputes in South Dakota. It directly affects parents involved in custody cases by requiring courts to start with this presumption unless evidence shows joint custody would harm the child. The bill specifies that courts must consider factors like safety or stability to rebut the presumption, and defines joint physical custody as time split approximately equally between parents. This change applies to all custody determinations under South Dakota law, replacing prior standards.

passed · South Dakota · Senate Mar 4, 2026

SB 220: authorize a comprehensive study of juvenile correctional and residential facilities, to make an appropriation therefor, and to declare an emergency.

SB 220 directs South Dakota's Department of Corrections to conduct a study evaluating juvenile correctional and residential facilities. The study must examine best practices, therapeutic housing models, vocational training combined with mental health services, and staff-to-youth ratios, including inspections at three facilities outside South Dakota. The bill appropriates $50,000 from the general fund to cover study costs and requires a written report to the Legislative Research Council by September 1, 2026. This is a procedural study bill with no direct policy changes or new requirements for facilities, solely aimed at gathering information for future decisions.

Topics ✓ Budget & Taxes ✓ Criminal Justice ✓ Healthcare

passed both · South Dakota · Senate Mar 4, 2026

SB 125: establish the homeowner tax reduction fund.

SB 125 creates a state fund to provide property tax rebates for owner-occupied single-family homes in South Dakota. The Department of Revenue will calculate annual rebates using a formula: multiplying $2 by the number of eligible homeowners, subtracting that from the fund's total, and dividing by the number of homeowners. Rebates are capped at either this calculated amount or the portion of property taxes exceeding $250 per home. The fund cannot be diverted to the general state budget, and any unused funds must stay in the fund or cover administrative costs. This directly affects homeowners who live in single-family residences and pay property taxes.

Topics ✓ Budget & Taxes

passed · South Dakota · Senate Mar 4, 2026

SB 134: restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.

SB 134 requires South Dakota courts and administrative hearing officers to interpret state statutes, rules, and policies independently ("de novo") instead of giving special weight to a state agency's interpretation. It prohibits courts from deferring to agency views and mandates that any remaining uncertainty must be resolved in favor of interpretations consistent with individuals' constitutional rights. This directly affects state agencies, courts, and anyone challenging agency actions or interpretations in court. The bill changes how legal disputes involving agency rules are reviewed, ensuring courts make final decisions without relying on agency explanations.

passed · South Dakota · Senate Mar 4, 2026

SB 122: establish the crime of failure to summon aid for a suicide attempt and provide a penalty therefor.

South Dakota's SB 122 creates a legal duty for people present during emergencies to assist others at risk of serious injury, by attempting to contact law enforcement or medical help if safely possible. This duty applies to ordinary citizens, not professionals like EMTs or police who are already paid for their services. Violating this duty is a Class 2 misdemeanor, a minor criminal offense. The bill also provides legal immunity from civil lawsuits for unpaid helpers who act reasonably, but not for those receiving compensation for their assistance.

passed both · South Dakota · Senate Mar 3, 2026

SB 208: require the award of certain disbursements to prevailing owners and taxpayers in appeals of property classifications or assessments.

SB 208 requires South Dakota courts to automatically award attorney fees and costs to property owners or taxpayers who win appeals against property tax assessments. Currently, courts could choose whether to award these fees to winning appellants, but this bill makes it mandatory when owners prevail. The law applies to both circuit court and Supreme Court cases involving property tax disputes. It directly affects property owners challenging their tax assessments in court by ensuring they receive reimbursement for legal costs if they win. The key change shifts the rule from discretionary ("may award") to mandatory ("must award") for prevailing parties.

passed · South Dakota · House Mar 3, 2026

HCR 6015: encouraging the Executive Board of the Legislative Research Council to form an interim legislative committee to study the role and function of county boards of mental illness.

This concurrent resolution (HCR 6015) requests the Legislative Research Council's Executive Board to form a committee to study expanding state involvement in the national instant criminal background check system. It specifically directs the committee to examine how to better identify individuals with mental health issues seeking firearms, while addressing due process rights, reporting standards, and training requirements for those handling background check information. The study will also evaluate county mental health boards' roles, existing commitment processes, and how they might interact with background check systems. The resolution does not create new law but asks for a report with findings and recommendations for future legislative action. (Note: The bill title incorrectly references "county boards of mental illness" instead of the actual focus on background checks and mental health in firearm contexts.)

Topics ✓ Criminal Justice

passed both · South Dakota · House Mar 3, 2026

HB 1173: require certain applicants that seek a permit from the Public Utilities Commission of the State of South Dakota to prepare and pay for an environmental impact statement.

HB 1173 requires South Dakota's Public Utilities Commission to mandate an environmental impact statement (EIS) for certain utility permit applications before final approval. It specifically applies to applicants seeking permits for carbon dioxide transmission facilities and may require an EIS for other projects if the Commission determines it is necessary under state environmental law (Chapter 34A-9). The bill does not change the permit process itself but adds a requirement for an EIS review, which could affect project timelines and costs for utility developers. This applies to all pending and future permit applications before the Commission.

Topics ✓ Environment

passed · South Dakota · House Mar 3, 2026

HB 1179: modify provisions related to the reimbursement fee for preparation of a garnishment disclosure.

HB 1179 increases the reimbursement fee paid to garnishees (entities holding a debtor's assets) for preparing garnishment disclosures. The bill amends South Dakota law to raise the current $15.50 fee for this service, requiring the plaintiff to pay the higher amount to cover the garnishee's preparation costs. This change directly affects garnishees who must prepare the disclosure when a garnishment summons is served. The bill does not alter the process or requirements for garnishment proceedings, only the reimbursement amount for the garnishee's work.

passed both · South Dakota · Senate Mar 3, 2026

SB 190: codify the rights of a parent.

South Dakota Senate Bill 190 establishes specific rights for parents regarding their minor children's upbringing, education, health care, and mental health decisions. The bill requires state agencies, schools, and employees to obtain parental consent before performing medical procedures, mental health evaluations, prescription medications, or biometric scans on minors - except in emergencies where immediate harm is imminent. It also grants parents access to their children's medical and school records, the right to direct religious instruction, and the ability to withdraw children from school activities or instruction on gender topics. The law explicitly states these rights do not override prohibitions against child abuse or neglect.

passed both · South Dakota · House Mar 2, 2026

HB 1275: create requirements for age verification and parental consent for application stores and to provide a penalty therefor.

This bill amends existing state consumer protection laws to add requirements for age verification and parental consent for application stores, which are digital platforms where users download software applications. The legislation would require these stores to verify the age of users and obtain parental consent from minors before allowing them to access or download applications. It also establishes penalties for businesses that fail to comply with these new verification and consent requirements. The bill does not create new consumer protection categories but rather modifies existing deceptive trade practices provisions to include digital application store compliance.

Topics ✓ Technology

passed · South Dakota · House Mar 2, 2026

HB 1261: provide a tax credit for owner-occupied property, to make an appropriation therefor, and to transfer moneys to the general fund.

HB 1261 provides a property tax credit for homeowners of single-family residences in South Dakota, reducing their 2027 property tax bills by up to $500 or the full tax amount owed, whichever is lower. The credit applies automatically to tax bills sent by county treasurers for owner-occupied homes. To fund the credit, $120 million is reallocated from the housing infrastructure fund ($60 million) and the general fund/budget reserve ($60 million each), with the state treasurer transferring funds to cover the revenue loss. This policy directly affects single-family homeowners paying property taxes in 2027, while the funding mechanism ensures no new state revenue is required.

Topics ✓ Budget & Taxes ✓ Housing