Rep. David Kull

Maddy summaryHB 1066 revises South Dakota's theft statute to clarify that contractors, subcontractors, or suppliers do not commit theft by withholding payment proceeds until work is completed and approved. The bill amends Section 44-9-13 to explicitly state that holding funds pending final work approval is not a violation of the theft law. This directly affects construction industry professionals who handle project payments and must pay for labor or materials before using funds. The key change removes ambiguity about when withholding payment constitutes theft, specifically excluding legitimate holds for completed work. The amendment maintains existing penalties for actual theft but clarifies the legal boundary for payment management.

Maddy summaryHB 1161 defines "female" and "male" based on biological reproductive systems and requires state-owned or leased facilities (like schools, government buildings, and public spaces) to designate multi-occupancy changing rooms, restrooms, and sleeping quarters for exclusive use by males or females. The bill specifies that exceptions apply for children under 10 with parents, individuals assisting those with disabilities, emergency personnel, and certain maintenance staff. It also clarifies that gender-specific designations do not apply to rooms used by firefighters, law enforcement, or performers in their professional capacity. The law directly affects public facilities operated by the state or its subdivisions.

Maddy summaryHB 1082 requires South Dakota school districts to provide free or reduced-price meals to eligible students without charging them, as defined by federal programs (National School Lunch Program and School Breakfast Program) starting January 1, 2026. The bill mandates that the South Dakota Department of Education reimburse school districts for costs incurred on these meals, after subtracting any federal reimbursement received. This directly affects school districts serving students qualifying for federal meal programs and ensures state funding covers the gap between federal support and actual meal costs. The law amends Section 13-35-2 of South Dakota law to clarify these reimbursement parameters.

Maddy summaryHB 1108 allows courts to immediately seal court files when protection order petitions are dismissed, either initially or after a hearing. This applies directly to individuals whose protection order cases (covered under South Dakota statutes §22-19A-8 and §25-10-3) are dismissed by a judge. The key provision requires courts to grant sealing of the entire court file upon dismissal, rather than requiring additional steps or waiting periods. This change provides a streamlined process for removing sensitive court records from public view in dismissed cases. The bill affects anyone involved in a dismissed protection order case, focusing on expediting privacy protections.

Maddy summarySB 179 allows South Dakota courts to commit juveniles adjudicated delinquent for specific weapons offenses to the Department of Corrections, but only under strict conditions. It applies when no other viable alternative exists, corrections is the least restrictive option, and the juvenile was convicted of certain weapons offenses (like those under §22-14-5, 22-14-7, 22-14-20, or 23-7-44). The court must also find the juvenile poses a significant risk of physical harm, has prior adjudications for separate offenses, or meets specific high-risk re-offense criteria. This change modifies existing juvenile disposition options under §26-8C-7, adding a limited pathway to corrections for serious weapons cases. It directly affects juveniles convicted of these specific weapons offenses who meet all the enumerated conditions.

Maddy summarySB 36 requires electric utilities and wholesale electricity generators in South Dakota to develop and submit wildfire mitigation plans to either the Public Utilities Commission or their local governing body (like a city council). These plans must include specific strategies for risk assessment, infrastructure inspections, vegetation management, and community outreach to reduce wildfire risks. Utilities must also submit annual compliance reports by April 1st each year, with filing fees of $500 for initial plans and $250 for reports. The bill establishes a standardized process for these plans and reports but does not specify liability protections beyond the plan requirements.

Maddy summaryHB 1062 is a technical amendment to South Dakota's aggravated assault statute (§ 22-18-1.1). It renumbers existing subsections and removes references to provisions previously deleted by law (specifically removing references to subsections (3), (6), and (7) as deleted by prior legislation). The bill does not change the actual legal definition or penalties for aggravated assault, which remains a Class 3 felony for causing serious injury under specified circumstances. This is purely a procedural update to correct the statutory numbering and eliminate outdated references in the law.

Maddy summarySouth Dakota's SB 87 ensures counties cover the full cost of forensic medical examinations for victims of sexual assault or rape, eliminating out-of-pocket expenses for victims. The bill specifies covered costs include physician services, necessary tests (like STD screenings and pregnancy tests), supplies, and medications, with payments capped at Medicaid rates. It allows minors aged 16+ to consent to exams without parental permission and permits exams for protected persons without guardian consent, provided informed consent is obtained. Hospitals and clinics cannot bill victims beyond these Medicaid-based limits, and must notify victims of their no-cost access regardless of cooperation with law enforcement.

Maddy summaryHB 1126 revises South Dakota's penalties for repeat driving under the influence (DUI) offenses. It targets individuals with five or more prior DUI convictions within 15 years (down from 25 years), requiring a mandatory minimum six-year prison sentence for a sixth or subsequent offense, with at least one year on parole. The bill mandates specific monitoring tools like ignition interlocks or alcohol bracelets during supervision and extends driver's license revocation periods, with limited exceptions for employment or medical needs after completing treatment. These changes apply directly to repeat DUI offenders meeting the revised conviction thresholds.

Maddy summaryHB 1119 modifies governance rules for farm mutual insurers in South Dakota by increasing the maximum number of board directors from 11 to 15 and clarifying eligibility requirements. The bill requires that directors must be members of the insurer or one of its affiliates (defined as entities controlling or controlled by the insurer). This directly affects the board composition of all South Dakota farm mutual insurers operating under these rules. The key change streamlines board size limits while ensuring directors have a direct connection to the insurer through membership or affiliation.