SB 122 South Dakota Senate · 2025 Regular Session

restrict the deference given by courts to a state agency's interpretation of a state statute, administrative rule, or policy.

This bill would change how South Dakota courts review decisions made by state agencies when interpreting laws, rules, or policies. Currently, courts often give significant weight to agency interpretations, but this legislation would require courts to independently evaluate whether those interpretations are reasonable rather than deferring to the agency's judgment. The change directly affects state agencies that issue regulatory interpretations and the courts that review those interpretations. By shifting the standard of review, the bill aims to ensure judicial oversight of administrative actions without necessarily overturning specific agency decisions.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jan 2025
Senate Passage
Feb 2025
House Passage
Governor
Introduced Jan 29, 2025 Last action Feb 12, 2025
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 12, 2025
Upper · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 4, NAYS 3
upper
Jan 30, 2025
Committee
Referred to S.J. 142
upper
11 primary · 0 co-sponsors

Sponsors