HB 1268 would repeal South Dakota's death penalty by removing it as a sentencing option for Class A felonies, including first-degree murder. The bill directly affects individuals convicted of capital offenses, replacing the death penalty with life imprisonment as the maximum sentence. Key provisions amend sections of the criminal code (specifically §§ 22-6-1, 22-16-12, and others) to eliminate the death penalty from Class A felony sentencing and adjust felony classifications accordingly. This change would apply to all future cases, meaning convicted individuals would no longer face execution as a possible penalty for the most serious crimes.
HB 1252 requires South Dakota counties and municipalities to provide legal representation for people who cannot afford a lawyer (indigent defendants) through three methods: establishing public defender offices, using court-appointed attorneys via a coordinated plan, or contracting with licensed attorneys. It specifies that counties pay for these services, with reimbursement possible by deducting costs from defendants' funds (as court costs or probation conditions) or through a state fund that redistributes payments based on county spending. The bill also creates a lien on defendants' property (capped at $1,500 for minors' parents) to recover costs, and mandates how counties must report and enforce these reimbursements.
HB 1295 revises how South Dakota's Department of Transportation acquires highway easements and rights of way, including for borrow pits (used for construction materials). It requires the Department to provide landowners with a detailed notice explaining the purpose, property description, and promise of "just compensation" before acquisition. The notice must be filed with the county register of deeds and shared with all known property interest holders. If negotiations fail, the bill directs the Department to follow standard condemnation procedures under existing law. This bill directly affects landowners near highway projects and clarifies the Department's acquisition process.
This House Concurrent Resolution (HCR 6014) honors the 37 privately owned cabin owners in Custer State Park and their property rights. It recognizes that these owners pay property taxes, lease fees to the park, and contribute to the park foundation, but face uncertainty as their leases expire soon. The resolution urges the Governor and Department of Game, Fish and Parks to create new leases for the cabin owners to secure their future in the park. As a symbolic resolution, it does not create new legal rights but expresses legislative support for the cabin owners' continued role in the park.
HB 1272, introduced by Representative DeGroot, proposes amending South Dakota's vehicle title laws to require "a snow bear" to be titled and licensed. The bill attempts to add "snow bear" to the definitions in vehicle code (§ 32-3-1), treating it as a vehicle subject to title and licensing requirements. This appears to be an error or non-sequitur, as "snow bear" is not a recognized vehicle type and bears are living animals, not vehicles. The bill does not describe any actual policy mechanism or affect any real-world entity, as it conflates biological animals with vehicle regulations. This appears to be a drafting mistake rather than a substantive legislative proposal.
SB 241 requires South Dakota's Department of Revenue to provide annual reports to Indian tribes with tax collection agreements. The bill mandates that by December 1 each year, the department must report estimated tax collections from the prior year (distinguishing between remote and nonremote sellers) for tribes in 20 specific counties, including Oglala Lakota and Bennett. It also requires retroactive reports for 2020-2025 by December 1, 2026. If data is unavailable, the department must develop a methodology to collect it. This bill directly affects tribes in those counties by increasing transparency around tax revenue collected from tribal members and sales within their areas.
HB 1285 amends South Dakota election timing rules for municipalities and school districts. It requires special elections on specific dates (30-50 days after petition) and allows certain questions - like annexation, dissolution, or consolidation - to be combined with regular annual elections if filed within 90 days before them. The bill also sets deadlines for holding elections (e.g., annexation votes must occur within 60 days of resolution) and clarifies when petitions must be filed to align with existing election cycles. This directly affects local governments managing elections by standardizing procedural timelines.
SB 207 requires voter approval for creating tax increment financing (TIF) districts in South Dakota when estimated project costs exceed $15 million. It applies to cities, towns, or counties seeking to establish such districts. The bill mandates a special election (or inclusion in the next regular election if timing aligns) for voter approval of these high-cost TIF districts. This change modifies existing law to add a referendum requirement for districts above the $15 million threshold, while smaller TIF districts remain subject to governing body resolution without voter input.
HB 1301 requires large data centers (those with 20+ megawatts peak demand) in South Dakota to pay the full cost of electricity infrastructure upgrades they necessitate, including decommissioning expenses, and prohibits shifting these costs to other utility customers. Key provisions include mandating that data centers submit annual reports detailing their energy use, infrastructure needs, and renewable energy commitments, and requiring electric utilities to publish annual reports on large data center load forecasts and associated costs. The bill effectively imposes a moratorium on new large data center projects until these reporting and cost-sharing requirements are met. It directly affects large data center operators and electric utilities, ensuring they bear their own infrastructure and decommissioning costs without burdening other retail customers.
SB 235 prevents utilities from raising residential electricity rates to cover data center costs, requiring data centers to pay all associated infrastructure expenses directly. It mandates data center operators to report water usage to local providers and the state board, with public disclosure of semi-annual water consumption data. The bill preserves local government authority to regulate data center construction and operations, and exempts data center purchasing from certain taxes. These provisions directly affect residents (by shielding them from cost shifts), data center operators (requiring direct payment and reporting), and local governments (retaining regulatory power).
This bill exempts sales tax on enterprise information technology equipment and computer software purchased for use in South Dakota's qualified data centers. It directly affects data center owners, operators, or tenants (referred to as "qualified businesses") who meet specific criteria, such as having facilities classified as real property subject to taxation and equipped with fire suppression systems. The key mechanism requires businesses to submit documentation to the Department of Revenue to verify eligibility and maintain annual certification. To retain the exemption, businesses must also ensure electric service agreements avoid shifting costs to other customers and confirm water usage compatibility with local providers. The tax exemption applies to equipment like servers, cooling systems, power infrastructure, and security systems used exclusively in these facilities.
SB 232 imposes a one-year moratorium (through June 30, 2027) on building new hyperscale data centers or expanding existing ones to meet the hyperscale definition in South Dakota. A "hyperscale data center" is defined as a facility with peak electrical demand of 50 megawatts or greater, used for storing, managing, and processing large volumes of electronic data. The moratorium applies to both new construction and expansions that would cause a facility to reach or exceed the 50-megawatt threshold. This bill directly affects data center developers and operators planning projects meeting the specified size criteria.
