South Dakota Bills

failed · South Dakota · House Feb 12, 2026

HB 1198: require that certain facilities obtain conditional use permits from adjacent political subdivisions.

HB 1198 requires operators of large energy facilities (20+ megawatts average electrical demand) to seek conditional use permits from adjacent counties or municipalities. This applies only if the facility is within one mile of the adjacent political subdivision's boundary and that subdivision has adopted zoning ordinances. The bill directly affects developers of high-energy projects, such as large solar or wind installations, seeking to build near county or city borders. It adds new permit requirements to South Dakota law without changing existing zoning authority. (3 sentences)

Topics ✗ Energy

died · South Dakota · Senate Feb 12, 2026

SB 178: lower a maximum limit on the tax increment base value.

SB 178 would lower the maximum percentage of a political subdivision's total assessed property value that can be allocated to tax increment financing (TIF) districts. Currently, South Dakota law limits this to 12.5%, but the bill would reduce that cap to a lower percentage. This change directly affects cities, towns, and counties that create TIF districts to fund economic development projects. The bill does not specify the new percentage but would restrict how much property value can be used for TIF initiatives within any given area.

Topics ✗ Budget & Taxes ✗ Housing

passed · South Dakota · Senate Feb 12, 2026

SB 188: revise public notice requirements for new sand, gravel, and construction aggregate mines.

SB 188 revises public notice requirements for new sand, gravel, and construction aggregate mining operations in South Dakota. It changes notice timing based on mine size: small operations (≤10 acres or ≤25,000 tons/year) require one notice 14 days before starting, while larger operations need three notices at 180, 90, and 30 days prior. Notices must include specific details like location, use of explosives, dust mitigation plans, and completion dates. The bill also expands who receives advance notice to include nearby residents, county officials, local media, and state agencies like Agriculture and Game Fish & Parks.

passed · South Dakota · Senate Feb 12, 2026

SB 186: authorize the shipment of distilled spirits directly to consumers, and to provide a penalty therefor.

This bill allows distilleries (both within and outside South Dakota) to ship distilled spirits directly to consumers in the state, subject to specific rules. Distilleries must obtain a license ($100 fee), verify customers are 21+ using photo ID or a verification service, and record customer details before shipping. It limits shipments to 12 liters per customer annually and 60,000 liters total per distillery per year. Violations - such as shipping without age verification or exceeding limits - result in civil penalties of $1,000 for a first offense and $2,000 for repeat offenses.

passed · South Dakota · Senate Feb 12, 2026

SB 189: provide for an automatic refund of an assessment on crops, livestock, and milk.

SB 189 creates an automatic refund process for agricultural assessments on specific crops and livestock. It directly affects growers who pay mandatory assessments on wheat, oilseeds (like canola), corn, livestock, and pulse crops (such as peas). The key change replaces the current system - where growers must apply for individual refunds within 60 days of each assessment - with a new annual electronic process. Under this bill, growers can submit one online request by December 31 to receive refunds for all assessments paid during the upcoming year, eliminating the need for separate applications per transaction. The bill modifies existing refund procedures across multiple agricultural chapters (wheat, oilseeds, corn, livestock, pulse crops) to implement this streamlined system.

Topics ✓ Budget & Taxes

died · South Dakota · Senate Feb 12, 2026

SB 203: require the review of a financing plan to establish a tax increment financing district.

SB 203 requires local governments (cities or counties) to obtain an independent third-party review before establishing a tax increment financing district. This review must analyze the project's cost-benefit, projected changes in property tax distribution over time, and expected impacts on jobs, housing, and economic activity. The bill applies to any area where property taxes would be used to fund development projects within a defined district. It adds this review step to existing requirements for creating such districts but does not change who can establish them.

Topics ✓ Budget & Taxes

passed · South Dakota · Senate Feb 12, 2026

SB 148: terminate bounty payments for the control of nest predation.

This bill (SB 148) ends state funding for bounties paid to control wildlife that preys on bird nests. Specifically, it amends two laws (§ 40-36-9 and § 41-2-35) to prohibit using state funds from the Game, Fish and Parks department or animal damage control fund for bounties on animals like badgers, raccoons, skunks, or foxes when the purpose is nest predation control. The change directly affects how the Department of Game, Fish and Parks allocates its budget, stopping a specific funding mechanism for wildlife management. It does not alter wildlife management practices or create new programs - only removes authorization for this type of bounty payment.

Topics ✗ Budget & Taxes ✗ Environment

passed · South Dakota · Senate Feb 12, 2026

SB 200: amend the state aid formula for general education and for special education.

SB 200 amends South Dakota's state aid formula for funding public school districts' general and special education programs. The bill establishes a base teacher salary of $62,821.19 for the 2025 school year, with annual increases tied to inflation (using the consumer price index). It updates how school districts calculate their funding by revising definitions for enrollment counts, English learner adjustments, and local need factors. This change directly affects all South Dakota public school districts by altering how state education funding is determined each year.

Topics ✓ Budget & Taxes ✓ Education

signed · South Dakota · Senate Feb 12, 2026

SB 8: permit a school district to administer epinephrine using a nasal spray.

SB 8 allows South Dakota public schools to stock and administer epinephrine nasal spray (in addition to auto-injectors) for students experiencing severe allergic reactions (anaphylaxis) during school hours. It requires schools to adopt clear policies for storage and use, notify parents about these policies, and train designated staff (like school nurses) to recognize allergic reactions, administer the nasal spray, and provide emergency care. The bill also provides liability protection for schools and staff who follow the protocol, shielding them from ordinary negligence claims when acting in good faith during emergencies. This directly affects all public school districts, students with allergies, and school personnel authorized to respond to allergic emergencies.

Topics ✓ Healthcare

signed · South Dakota · Senate Feb 12, 2026

SB 9: revise provisions regarding notices to the one-call notification center.

SB 9 updates South Dakota's rules for excavation notices and utility marking. It requires excavators (like construction crews) to notify the one-call center at least 48 hours before digging, excluding weekends and holidays. The bill also sets a 48-hour deadline for utility operators to mark underground facilities after receiving a notice, with the timeline starting either from the notice date or the excavator's stated start time, whichever is later. The law allows the state board to shorten this window for emergencies or extend it for non-excavation requests.

signed · South Dakota · Senate Feb 12, 2026

SB 4: revise procedures for returning and withholding security deposits for residential premises.

SB 4 revises South Dakota's rules for security deposits in rental housing, directly affecting landlords and tenants. It requires landlords to return full deposits within 21 days of lease end or provide a written explanation for withholding, limited to unpaid rent, damages beyond normal wear and tear, or costs to restore the property. Landlords must also give tenants an itemized accounting of withheld amounts within 45 days of request. Failure to comply results in forfeiting all rights to withhold the deposit and potential $200 punitive damages for bad-faith retention.

Topics ✓ Housing

signed · South Dakota · House Feb 12, 2026

HB 1016: modify provisions related to the controlled substances schedule and to declare an emergency.

HB 1016 amends South Dakota's controlled substances law by adding a new definition for "chemically derived cannabinoid" and adjusting the definition of "controlled substance analogue." The bill specifies that certain cannabinoid products - such as those created through natural decarboxylation (without chemical catalysts), non-psychoactive cannabinoids, and topical creams - will not be classified as "chemically derived cannabinoids." It also clarifies that "controlled substance analogues" do not include substances with an approved new drug application. These changes directly affect how cannabinoid products are regulated by the Department of Health, impacting businesses, dispensaries, and consumers in the state's cannabis-related industry.

Bill results