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2026 Regular Session · Adjourned

South Dakota Legislature

Follow 666 active bills, 105 legislators, and every floor vote of 2026 Regular Session.

Adjourned
Ended Mar 31, 2026
Bills filed
666
this session
Bills passed
506
76% pass rate
Legislators
105
35 Senate · 70 House
Committees
41
active bodies

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Recent legislative activity

vetoed · South Dakota · House Mar 30, 2026

HB 1077: consider a cultivated-protein food product to be adulterated food.

HB 1077 classifies cultivated-protein food products (lab-grown meat alternatives made from animal cells grown in vitro) as "adulterated food" under South Dakota's existing food safety laws. This bill directly affects producers and sellers of these products by automatically subjecting them to current adulteration penalties without requiring new safety standards. The key provision adds a specific definition in Section 39-4-2(8), stating such products are deemed adulterated regardless of their safety or labeling. The law does not create new regulations but applies existing food safety definitions to this emerging food category. This change would require cultivated-protein producers to comply with all current adulteration enforcement mechanisms.
Tesa Schwans (R) Kaley Nolz (R) Karla Lems (R) Kevin Jensen (R) Bobbi Andera (R)
vetoed · South Dakota · House Mar 30, 2026

HB 1138: require the licensure of non-medical home care agencies, and to provide a penalty therefor.

HB 1138 requires non-medical home care agencies in South Dakota to obtain a license from the Department of Health before operating. Agencies must submit applications, pay a fee (capped at $100), and verify that home care aides complete 10 hours of mandatory training (covering dementia care, safety, nutrition, and abuse reporting) and pass criminal background checks. The bill directly affects home care agencies, their employees (home care aides), and clients receiving services like bathing assistance, meal prep, or companionship in their homes. Operating without a license is a Class 1 misdemeanor, and agencies must maintain client records and allow department inspections.
Stephanie Sauder (R) Eric Emery (D) Carl Perry (R) Tim Reed (R) Roger DeGroot (R)
in committee · South Dakota · House Mar 11, 2026

HB 1139: appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the current expenses of state institutions, interest on the public debt, and common schools.

HB 1139 is a budget bill appropriating funds for South Dakota's regular operations during the 2026-2027 fiscal year. It allocates money to cover everyday costs for all three branches of state government (legislative, judicial, executive), state institutions, interest on the state debt, and common schools. The bill specifies exact funding levels for each department and program but does not create new policies or alter existing programs. It serves as the primary funding mechanism for routine state functions, ensuring continued operation of government services and public education.
passed · South Dakota · House Mar 11, 2026

HB 1209: require employment verification eligibility through the e-verify program and to provide a penalty therefor.

HB 1209 requires South Dakota employers to verify new employees' work eligibility using the federal DHS e-Verify program within the hiring process and maintain records throughout employment. Employers who fail to comply lose eligibility for state economic incentives (like grants or loans) and must repay any such funds received within 30 days of a final noncompliance determination. Additionally, the bill makes it a Class 1 misdemeanor for individuals to knowingly provide false information to evade e-Verify checks. The law directly affects all South Dakota employers receiving state economic incentives and their employees.
Kaley Nolz (R) Jana Hunt (R) Logan Manhart (R) Josephine Garcia (R) Brandei Schaefbauer (R)
in committee · South Dakota · House Mar 10, 2026

HB 1323: modify the requirements to refer an ordinance or resolution to the voters of a political subdivision.

HB 1323 amends South Dakota law to require that petitions referring county or municipal ordinances/resolutions to voters be filed within **45 days** of the ordinance's adoption, instead of the previous timeframe. This affects **voters** in counties or municipalities who wish to challenge local government decisions through a referendum. The bill specifies that petitions must be signed by **at least 5% of registered voters** (based on the last general election's total), and it updates related sections (like §7-18A-15) to reflect this 45-day deadline. The change streamlines the process but does not alter which ordinances/resolutions can be referred (e.g., those affecting public safety remain excluded).
Bobbi Andera (R) Travis Ismay (R) Heather Baxter (R) Carl Perry (R) Lauren Nelson (R)
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Recently passed

Bills that made it through

signed · South Dakota · Senate Mar 30, 2026

SB 221: regulate the retail sale of nicotine products, and to provide a penalty therefor.

SB 221 regulates the sale of nicotine vapor products in South Dakota. It directly affects retailers and distributors by banning ingredients like vitamin E acetate, requiring child-resistant packaging, and mandating labels listing ingredients and nicotine warnings. The bill prohibits advertising that targets minors (e.g., using cartoons or gaming themes) and bans free samples. Violations are classified as Class 2 misdemeanors. The law aims to restrict product safety risks and marketing appealing to youth.
Carl Perry (R) Chris Karr (R) Brian Mulder (R)
signed · South Dakota · House Mar 30, 2026

HB 1048: make an appropriation for the expansion of broadband infrastructure and to declare an emergency.

HB 1048 appropriates $87 million in federal funds to the Governor's Office of Economic Development for grants expanding broadband infrastructure across South Dakota, primarily benefiting rural and underserved communities lacking reliable internet access. The bill authorizes the office to distribute grants under federal broadband program guidelines, with payments processed through state vouchers and audits. It declares an emergency to expedite implementation, allowing the funding to take effect immediately upon passage. Unspent funds must revert to the state treasury per standard procedures, as specified in Chapter 4-8 of South Dakota law. This is a funding measure focused on infrastructure deployment, not regulatory changes.
signed · South Dakota · Senate Mar 30, 2026

SB 135: protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.

SB 135 requires data center operators to pay all electricity costs associated with their facilities, preventing utilities from raising residential rates to cover these expenses (Section 3). It also prohibits tax exemptions for data centers (Section 5) and ensures local governments retain authority to regulate data center development (Section 4). The bill mandates data centers to report projected water usage to local providers and the Board of Water Management before operation, with annual reports on actual consumption (Sections 6-7), ensuring water allocation prioritizes residential and essential services. This directly affects data center operators, utilities, and South Dakota residents by limiting cost-shifting and protecting local resource management.
Al Novstrup (R) Mark Lapka (R) Kaley Nolz (R) Karla Lems (R) Sue Peterson (R)
signed · South Dakota · Senate Mar 30, 2026

SB 159: revise requirements pertaining to the minimum age for marriage.

SB 159 raises South Dakota's minimum marriage age to 18, eliminating the previous exception allowing 16- to 17-year-olds to marry with parental consent. It requires court approval for any minor under 18 to marry, mandating an in-person hearing where the court assesses the minor's safety, maturity, and whether the marriage is voluntary, with written findings required. Alternatively, two parents' notarized consent (instead of one parent's) may be submitted, but the marriage license cannot be issued until 30 days after judicial approval. The bill also increases penalties for officiants who solemnize marriages without proper consent, classifying violations as a Class 1 misdemeanor. This directly affects minors aged 16-17 seeking marriage, their parents/guardians, and marriage officiants.
Carl Perry (R) MyKala Voita (R) Tony Randolph (R) Tamara Grove (R) Tom Pischke (R)
signed · South Dakota · Senate Mar 30, 2026

SB 119: create the capitol restoration fund and to transfer moneys thereto.

SB 119 appropriates $101 from South Dakota's general fund to "enhance the economic health of South Dakota," though the amount is likely a placeholder or error in the bill text. The bill contains no specific economic programs or targeted beneficiaries - it only authorizes standard payment procedures for this minimal appropriation. It requires the state to approve vouchers and pay expenses through the state auditor, with unspent funds reverting per existing state procedures. The bill is procedural and effective June 30, 2026, but lacks concrete policy mechanisms to impact economic health.
Ernie Otten (R)

State Leadership

Legislative Leadership

Legislative session

2026 Regular Session

Adjourned
Convened
Jan 14, 2026
Wednesday
Duration
76days
session ended
Adjourns
Mar 31, 2026
Tuesday
Chamber control
Senate R maj.32 – 3
0 18 for majority 35
House R maj.65 – 5
0 36 for majority 70
Bills this session
Passage rate
506 of 666 introduced bills have passed at least one chamber.
76.0%

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State Legislators

Contested battles

  1. SCR 603 Party-line 60-6 supporting the secretary of the United States Department of Agriculture in establishing a working group of nutrition experts to determine national standards for foods and beverages purchased with supplemental nutrition assistance program benefits. D 0-5 · R 60-1 · Other 0-0 passed
  2. SCR 604 42-23 urging the people of the state of South Dakota to seek the Lord Most High for His healing presence and mercy upon South Dakota. D 0-5 · R 42-18 · Other 0-0 passed both
  3. SB 220 30-37 authorize a comprehensive study of juvenile correctional and residential facilities, to make an appropriation therefor, and to declare an emergency. D 5-0 · R 25-37 · Other 0-0 passed
  4. SB 223 31-34 modify the requirements for a petition to refer an excess tax levy of a school district to a vote. D 0-5 · R 31-29 · Other 0-0 passed both
  5. SB 190 30-35 codify the rights of a parent. D 0-5 · R 30-30 · Other 0-0 passed both

Most likely to pass