South Dakota Bills

signed · South Dakota · Senate Mar 12, 2026

SB 176: amend the period of time before which ballots and other election materials may be destroyed following an election.

SB 176 extends the required retention period for election materials from 60 days to 22 months for municipal, non-federal, and school district elections. It requires election officials to keep voted ballots, pollbooks, and related records for 22 months after the election, rather than allowing destruction after 60 days. Federal elections already had a 22-month retention period, so this bill standardizes the timeframe across most election types. The bill directly affects local election administrators responsible for managing physical election materials.

signed · South Dakota · Senate Mar 12, 2026

SB 98: prevent virtual currency kiosk fraud.

SB 98 requires operators of virtual currency kiosks in South Dakota to obtain a license under existing financial regulations (Chapter 51A-17). It mandates detailed reporting to the state, including transaction volumes, user complaints, refund requests, and suspicious activity. The bill also requires kiosk operators to provide users with receipts containing transaction details, exchange rates, virtual currency addresses, and refund policies. These provisions directly affect kiosk operators (licensees) and users engaging in virtual currency transactions at these locations. The law aims to increase transparency and accountability in virtual currency kiosk operations.

Topics ✓ Technology

signed · South Dakota · House Mar 12, 2026

HB 1092: update provisions pertaining to open records.

HB 1092 updates South Dakota's open records law by clarifying which government records can be kept private. It exempts specific categories, including student personal information (except directory details), medical records (excluding birth/death records), trade secrets, attorney work product, law enforcement investigation details, property appraisal records, and security plans for buildings or critical infrastructure. The bill explicitly states it does not change existing laws regarding birth/death records or certain law enforcement privileges. This affects public entities like schools, hospitals, police departments, and government agencies that handle these exempt records.

signed · South Dakota · House Mar 12, 2026

HB 1107: modify restrictions on lands for certain public purposes.

HB 1107 modifies South Dakota law (§ 43-25-18.3) to give courts greater flexibility when land restrictions for public purposes (like religious, educational, or charitable uses) become impractical due to changed conditions. The bill allows courts to either adjust land use restrictions to better serve the original purpose or authorize selling the land and reinvesting the proceeds in new land that matches the original purpose. This directly affects landholders (grantees) who hold property subject to restrictions set by grantors for public purposes. The key change is enabling courts to adapt land management without requiring strict adherence to outdated conditions. The bill does not create new requirements but adjusts judicial authority under existing land-use laws.

signed · South Dakota · Senate Mar 12, 2026

SB 36: authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.

SB 36 requires electric utilities and wholesale electricity generators in South Dakota to develop and submit wildfire mitigation plans to either the Public Utilities Commission or their local governing body (like a city council). These plans must include specific strategies for risk assessment, infrastructure inspections, vegetation management, and community outreach to reduce wildfire risks. Utilities must also submit annual compliance reports by April 1st each year, with filing fees of $500 for initial plans and $250 for reports. The bill establishes a standardized process for these plans and reports but does not specify liability protections beyond the plan requirements.

signed · South Dakota · House Mar 12, 2026

HB 1238: 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.

Topics ✓ Criminal Justice

in committee · South Dakota · House Mar 11, 2026

HB 1139: appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the current expenses of state institutions, interest on the public debt, and common schools.

HB 1139 is a budget bill appropriating funds for South Dakota's regular operations during the 2026-2027 fiscal year. It allocates money to cover everyday costs for all three branches of state government (legislative, judicial, executive), state institutions, interest on the state debt, and common schools. The bill specifies exact funding levels for each department and program but does not create new policies or alter existing programs. It serves as the primary funding mechanism for routine state functions, ensuring continued operation of government services and public education.

Topics ✓ Budget & Taxes

passed · South Dakota · House Mar 11, 2026

HB 1209: require employment verification eligibility through the e-verify program and to provide a penalty therefor.

HB 1209 requires South Dakota employers to verify new employees' work eligibility using the federal DHS e-Verify program within the hiring process and maintain records throughout employment. Employers who fail to comply lose eligibility for state economic incentives (like grants or loans) and must repay any such funds received within 30 days of a final noncompliance determination. Additionally, the bill makes it a Class 1 misdemeanor for individuals to knowingly provide false information to evade e-Verify checks. The law directly affects all South Dakota employers receiving state economic incentives and their employees.

Topics ✗ Immigration

signed · South Dakota · Senate Mar 11, 2026

SB 164: require that any holder of a commercial driver license in this state must be proficient in the English language, and to provide a penalty therefor.

Senate Bill 164 (SB 164) requires all current and new holders of commercial driver licenses (CDLs) in South Dakota to demonstrate English language proficiency by January 1, 2026. This requirement aligns with federal standards (49 C.F.R. § 391.11) for commercial motor vehicle drivers and applies directly to individuals seeking or renewing CDLs. The bill amends state law to add English proficiency as a mandatory condition for CDL issuance, referencing existing federal qualifications. Violations may result in penalties, though specific penalties are not detailed in the provided text.

Topics ✓ Transportation

failed · South Dakota · House Mar 10, 2026

HB 1323: modify the requirements to refer an ordinance or resolution to the voters of a political subdivision.

HB 1323 amends South Dakota law to require that petitions referring county or municipal ordinances/resolutions to voters be filed within **45 days** of the ordinance's adoption, instead of the previous timeframe. This affects **voters** in counties or municipalities who wish to challenge local government decisions through a referendum. The bill specifies that petitions must be signed by **at least 5% of registered voters** (based on the last general election's total), and it updates related sections (like §7-18A-15) to reflect this 45-day deadline. The change streamlines the process but does not alter which ordinances/resolutions can be referred (e.g., those affecting public safety remain excluded).

signed · South Dakota · House Mar 10, 2026

HB 1286: amend the process by which moneys are distributed from the employer's investment in South Dakota's future fund.

HB 1286 amends South Dakota's "Employer's Investment in South Dakota's Future Fund" to clarify how funds are distributed for economic development projects. It directly affects businesses, universities, and workforce programs seeking grants by requiring applicants to submit detailed business plans - including job descriptions, education requirements, pay scales, and accounting practices - before receiving funds. The bill mandates that grants only reimburse actual project costs, require itemized invoices for grants over $1 million, and demand biannual public reporting on recipient locations, job impacts, and fund balances. All grant agreements must be posted online, increasing transparency while limiting funding to specific qualifying projects like workforce training, infrastructure, and business expansion.

signed · South Dakota · Senate Mar 10, 2026

SB 236: create the county and township infrastructure fund for the accounting, safekeeping, and allocation of unobligated rural access infrastructure fund moneys.

SB 236 creates a new "county and township infrastructure fund" in South Dakota's state treasury to manage unspent money from existing rural access infrastructure funds. It requires counties to transfer any unobligated funds (money not committed to specific projects) by June 30, 2029, to this state fund instead of letting them revert to the general budget. The fund will hold these unspent moneys for future allocation to counties, following existing rules for rural road projects, and will be administered by the Department of Revenue. This bill does not change how funds are spent but provides a formal mechanism for accounting, safekeeping, and future distribution of leftover funds.

Topics ✓ Budget & Taxes ✓ Transportation

Bill results