HB 1205 South Dakota House · 2025 Regular Session

require legislative approval of real property leases that are necessary for the operation of state government and exceed specified durations or rental payments.

This bill requires state government agencies to obtain legislative approval for certain long-term or high-value real property leases needed for operations. It directly affects state departments and agencies that enter into lease agreements for facilities or equipment. The key provision mandates that leases exceeding specified duration or rental payment thresholds must be reviewed and approved by the legislature before becoming effective. This change aims to increase oversight of state spending on property rentals by ensuring legislative bodies evaluate significant lease commitments.
Bill status in committee 2 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Failed
Feb 2025
Governor
Introduced Feb 3, 2025 Last action Feb 13, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced House State Affairs Engrossed · 5 edits · Feb 11, 2025
MODERATE
This bill adds new requirements for the South Dakota Bureau of Human Resources and Administration to obtain legislative approval before leasing real property for state government operations if the lease term exceeds 15 years or total rental payments exceed $5 million. The legislation also makes existing leases meeting these criteria void if they are not approved by July 1, 2026.
Scope change
New requirements apply to all real property leases necessary for state government operations that meet the duration or payment thresholds specified in the bill.
REQUIREMENT

Added requirement for legislative consent before entering into real property leases exceeding 15 years or $5 million in rental payments

Added anti-structuring provision preventing lease division to avoid approval thresholds

Modified Section 1-33-9 to add lease administration as a Bureau function

ENFORCEMENT

Added provision that leases entered into without required legislative approval are void and unenforceable

TIMELINE

Added July 1, 2026 deadline for retroactive approval of existing leases that meet the new thresholds

Floor votes · House Feb 13, 2025

How they voted

3037
Failed · 1 other
Total votes 68
Feb 13, 2025
D Democratic5
5 Nay
100% Nay
R Republican63
30 Yea 32 Nay 1
50% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
7
Key actions
2
Committee
2
Amendments
2
Feb 13, 2025
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 31, NAYS 37 H.J. 293
lower
Feb 13, 2025
Vote failed
House Vote: fail (30-37-1)
house
Feb 10, 2025
Lower · Passed
State Affairs Do Pass Amended , Passed, YEAS 8, NAYS 4
lower
Feb 10, 2025
Introduced
State Affairs Motion to amend , Passed, Amendment 1205B
lower
Feb 10, 2025
Introduced
State Affairs Motion to amend , Passed, Amendment 1205A
lower
Feb 3, 2025
Introduced
First read in House and referred to H.J. 170
lower
16 primary · 0 co-sponsors

Sponsors