SB 137 South Dakota Senate · 2026 Regular Session

establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech.

South Dakota Senate Bill 137 creates a legal process to quickly dismiss lawsuits that target free speech on public issues. It allows people sued for protected expression - like criticizing government actions or speaking on matters of public concern - to file a special motion asking a court to dismiss the case within 60 days. If filed, the court must pause all other legal proceedings related to the lawsuit until the motion is decided, with limited discovery allowed only for specific evidence. The bill does not apply to lawsuits by or against government entities enforcing public safety laws or to routine commercial disputes.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Feb 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 27, 2026 Signed Mar 30, 2026
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What changed between versions

Senate Judiciary Engrossed Enrolled · 5 edits · Mar 9, 2026
MODERATE
This bill establishes a new legal process in South Dakota called an anti-SLAPP motion, allowing individuals to quickly dismiss lawsuits that attempt to silence their free speech or other constitutional rights. It creates a fast-track procedure where courts must rule on these dismissal requests within 60 days, while also defining specific situations where this protection does not apply, such as when a business is sued regarding its actual sales or when a government agency enforces health and safety laws.
Scope change
The bill adds a new chapter to Title 15 of the South Dakota Code, creating a specific legal framework for anti-SLAPP actions that was previously absent.
ELIGIBILITY

Creates a new legal mechanism allowing individuals to file a special motion to dismiss lawsuits that target their exercise of free speech, press rights, or assembly on matters of public concern.

TIMELINE

Mandates that courts must rule on these special dismissal motions no later than 60 days after the motion is filed to ensure swift resolution.

REQUIREMENT

Imposes an automatic stay (pause) on all other court proceedings, including discovery and hearings, once the anti-SLAPP motion is filed, unless the court grants limited exceptions.

DEFINITION

Defines 'protected public expression' to include communications in government proceedings and speech on public issues, while explicitly excluding artistic works and business-to-business communications.

EXEMPTIONS

Excludes certain cases from this protection, including lawsuits against government officials acting officially, actions enforcing imminent health or safety threats, and disputes between businesses regarding the sale or lease of goods.

Floor votes

How they voted

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

Actions timeline

Total actions
15
Key actions
9
Committee
4
Amendments
1
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 S.J. 548
executive
Mar 10, 2026
Lower · Passed
Signed by the Speaker H.J. 553
lower
Mar 9, 2026
Lower · Passed
Signed by the President S.J. 505
lower
Mar 5, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 65, NAYS 2 H.J. 523
lower
Mar 4, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed,
lower
Mar 4, 2026
Lower · Passed
Judiciary Do Pass , Passed, YEAS 12, NAYS 0
lower
Feb 10, 2026
Introduced
First read in House and referred to House Judiciary H.J. 279
lower
Feb 9, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 33, NAYS 0 S.J. 221
upper
Feb 5, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, S.J. 15
upper
Feb 5, 2026
Upper · Passed
Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 0 S.J. 15
upper
Feb 5, 2026
Introduced
Judiciary Motion to amend , Passed, S.J. 14 Amendment 137A
upper
Jan 27, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 120
upper
6 primary · 0 co-sponsors

Sponsors