SB 134 South Dakota Senate · 2026 Regular Session

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

SB 134 requires South Dakota courts and administrative hearing officers to interpret state statutes, rules, and policies independently ("de novo") instead of giving special weight to a state agency's interpretation. It prohibits courts from deferring to agency views and mandates that any remaining uncertainty must be resolved in favor of interpretations consistent with individuals' constitutional rights. This directly affects state agencies, courts, and anyone challenging agency actions or interpretations in court. The bill changes how legal disputes involving agency rules are reviewed, ensuring courts make final decisions without relying on agency explanations.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Jan 26, 2026 Last action Mar 4, 2026
Floor votes · Senate Feb 23, 2026

How they voted

313
Passed · 1 other
Total votes 35
Feb 23, 2026
D Democratic3
3 Nay
100% Nay
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
4
Mar 4, 2026
Upper · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 10, NAYS 3
upper
Mar 4, 2026
Committee
Judiciary Do Pass , Passed, YEAS 3, NAYS 10
upper
Feb 25, 2026
Committee
Referred to House Judiciary H.J. 446
upper
Feb 23, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 31, NAYS 3 S.J. 360
upper
Feb 20, 2026
Upper · Passed
State Affairs Do Pass , Passed, YEAS 7, NAYS 1 S.J. 29
upper
Jan 27, 2026
Committee
Referred to Senate State Affairs S.J. 121
upper
2 primary · 0 co-sponsors

Sponsors