HB 1238 South Dakota House · 2026 Regular Session

protect financial institutions taking action to prevent the financial exploitation of consenting, senior, or vulnerable adults.

HB 1238 allows South Dakota financial institutions to delay or block specific transactions when they reasonably suspect financial exploitation of consenting adults aged 65+ (seniors) or adults aged 18+ with mental impairments or court-appointed guardians (vulnerable adults). The law permits banks to refuse transfers, withdrawals, ownership changes, beneficiary updates, or power-of-attorney instructions if exploitation is suspected. Financial institutions are protected from liability for acting under this law, though they are not required to intervene - decisions are based on available information. This directly affects banks and the vulnerable adults they serve by providing a legal framework to prevent financial abuse.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 29, 2026 Signed Mar 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Enrolled · 4 edits · Mar 5, 2026
MODERATE
This bill adds new provisions to protect financial institutions that take action to prevent financial exploitation of consenting, senior, or vulnerable adults. It establishes clear definitions for key terms, grants financial institutions the authority to delay or refuse certain transactions when exploitation is suspected, and outlines procedures for notifying third parties about suspected exploitation.
Scope change
The bill expands South Dakota law by adding a new chapter section (26.903.22) that specifically addresses financial exploitation prevention, creating new legal authority for financial institutions to intervene in potentially exploitative situations.
DEFINITION

Added new definitions for 'account,' 'consenting adult,' 'financial exploitation,' 'financial institution,' 'senior adult,' 'transaction,' and 'vulnerable adult' to establish clear criteria for who and what is protected under the law.

REQUIREMENT

Granted financial institutions the authority to delay or refuse transactions, prevent ownership changes, block transfers to other accounts, and refuse to comply with power of attorney instructions when financial exploitation is reasonably suspected.

Added provisions allowing financial institutions to notify third parties (family members, authorized contacts, account co-owners) about suspected exploitation, with exceptions for when the third party may be involved in the exploitation or when law enforcement requests confidentiality.

Clarified that financial institutions are not required to act on exploitation allegations but may use discretion based on available information when deciding whether to intervene.

Floor votes · House Feb 12, 2026

How they voted

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

Actions timeline

Total actions
13
Key actions
8
Committee
2
Mar 12, 2026
Signed into law
Signed by the Governor on 2026-03-12 H.J. 562
executive
Mar 9, 2026
Upper · Passed
Signed by the President S.J. 506
upper
Mar 5, 2026
Upper · Passed
Signed by the Speaker H.J. 529
upper
Mar 4, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 461
upper
Mar 3, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed,
upper
Mar 3, 2026
Upper · Passed
Commerce and Energy Do Pass , Passed, YEAS 8, NAYS 0
upper
Feb 17, 2026
Introduced
First read in Senate and referred to Senate Commerce and Energy S.J. 272
upper
Feb 12, 2026
Lower · Passed
House of Representatives Do Pass , Passed, YEAS 56, NAYS 6 H.J. 321
lower
Feb 11, 2026
Lower · Passed
Commerce and Energy Do Pass , Passed, YEAS 11, NAYS 1
lower
Jan 29, 2026
Introduced
First read in House and referred to House Commerce and Energy H.J. 176
lower
10 primary · 0 co-sponsors

Sponsors