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passed · South Dakota · Senate Feb 18, 2026

SB 128: update provisions related to certain large-use customers of utilities.

SB 128 requires data centers (defined as facilities managing electronic data) to notify local water providers about projected water use and implement closed-loop cooling systems that limit net water withdrawal. It prohibits these facilities from exceeding water usage limits after residential and essential public services are allocated, and mandates reduced use during declared water shortages. Data centers must submit quarterly public reports detailing water usage and compliance. The bill directly affects large data center operators in South Dakota, focusing on sustainable water management for this growing sector.
Al Novstrup (R) Bobbi Andera (R) Heather Baxter (R) Julie Auch (R) Lauren Nelson (R)
passed · South Dakota · Senate Feb 18, 2026

SJR 503: applying to the United States Congress for a convention of the states to propose amendments to the United States Constitution regarding the imposition of fiscal restraints on the federal government, further limiting the power and jurisdiction of the federal government, and limiting the terms of office for members of Congress and other federal officials.

South Dakota's Senate Joint Resolution 503 applies to the U.S. Congress to call a convention of states for proposing constitutional amendments. The resolution specifically requests amendments to impose fiscal restraints on federal spending, further limit federal power and jurisdiction, and establish term limits for members of Congress and other federal officials. It includes conditions requiring the convention to be limited to these topics only and ensuring Congress performs only a ministerial role in convening it. This procedural resolution does not create new law but initiates a state-level step toward potential constitutional change under Article V of the U.S. Constitution.
Kevin Jensen (R) Josephine Garcia (R) Les Heinemann (R) Jim Mehlhaff (R) Aaron Aylward (R)
passed · South Dakota · House Feb 18, 2026

HB 1240: establish requirements for the distribution and sale of vapor products, and to provide a penalty therefor.

HB 1240 requires businesses distributing or selling vapor products (like e-cigarettes) in South Dakota to obtain licenses from the Department of Revenue. Distributors must pay a $100 fee and keep transaction records for three years, while retailers must pay $250, verify customer ages at checkout using a third-party system, and maintain proof that products came from a licensed distributor. The bill also restricts the sale of non-tobacco, non-mint, and non-menthol flavored vapor products to stores that limit access to customers 21 and older and earn at least 25% of revenue from vapor and tobacco products. Violating these rules can result in misdemeanor charges, with penalties including fines.
Carl Perry (R) Larry Zikmund (R) Tim Goodwin (R)
passed · South Dakota · Senate Feb 18, 2026

SB 144: provide property tax relief to certain senior owners of owner-occupied single-family dwellings.

SB 144 provides property tax relief to South Dakota seniors meeting specific criteria: individuals aged 65+ who have owned an owner-occupied single-family home for 10+ years, lived in the state for 25+ years, and have no delinquent property taxes. The bill establishes a property tax assessment freeze, locking the taxable value of qualifying homes at either the 2020 value or the value when the homeowner first qualified, preventing increases due to rising market values. Homeowners must apply through county treasurers with required documentation, and the freeze applies annually as long as the homeowner continues to meet eligibility. This directly affects eligible senior homeowners in South Dakota who own and reside in single-family homes meeting the defined residency and ownership requirements.
Heather Baxter (R) Carl Perry (R) Curt Voight (R) Phil Jensen (R) Aaron Aylward (R)
in committee · South Dakota · House Feb 18, 2026

HB 1217: limit the use of taxpayer funds and resources by a public education employer to support a labor organization or affiliate and to provide a penalty therefor.

HB 1217 would restrict public education employers in South Dakota, such as school districts and technical colleges, from using taxpayer funds or resources to support labor unions or their activities. The bill specifically prohibits actions like deducting union dues from employee paychecks, sharing employee personal information with unions without consent, using school facilities for union membership drives, or favoring one union over another. It also bans public education employers from contributing public money to unions or providing paid time off for union-related activities. Violations would be subject to penalties, though the exact penalty details are not provided in the bill text. This bill directly affects how public education employers interact with labor organizations and their employees.
Al Novstrup (R) Tesa Schwans (R) John Hughes (R) Josephine Garcia (R) Les Heinemann (R)
passed · South Dakota · Senate Feb 18, 2026

SB 127: limit nuisances caused by data centers.

SB 127 limits data center operations to reduce disruptions for nearby residents. It prohibits new data centers within one mile of residential areas (though local governments can set stricter rules) and caps continuous noise at 45 decibels near residential property lines. The bill defines data centers broadly to include cloud services, cryptocurrency mining, and streaming platforms. Violations would be deemed legal nuisances, allowing state attorneys or affected residents to seek court orders to stop the disruptions.
Al Novstrup (R) Bobbi Andera (R) Travis Ismay (R) Curt Voight (R) Peri Pourier (R)
in committee · South Dakota · House Feb 18, 2026

HB 1182: establish a data collection system pertaining to assisted reproductive technology and to provide a penalty therefor.

HB 1182 requires South Dakota's Department of Health to create a public data collection system tracking assisted reproductive technology (ART) procedures. It mandates fertility clinics and ART providers to report annual data on embryo creation, implantation, disposition methods (like freezing, donation, or disposal), embryo transfers out of state, and pregnancy/live birth outcomes. The collected data must be compiled and published online by July 1 each year. This bill directly affects ART providers in South Dakota and aims to provide transparency on ART practices without changing existing medical procedures.
Travis Ismay (R) John Carley (R) Bethany Soye (R) Terri Jorgenson (R) Josephine Garcia (R)
passed · South Dakota · Senate Feb 18, 2026

SB 195: repeal the expiration of a reduction in certain gross receipts and use tax rates.

SB 195 repeals the scheduled expiration of reduced gross receipts and use tax rates established in 2023. It prevents these tax rate reductions from reverting to prior rates after June 30, 2027. The bill directly affects businesses in South Dakota that pay these specific taxes, ensuring the lower rates remain in effect without requiring new legislation. This is a procedural change to maintain existing tax policy, not a new tax rate adjustment.
Al Novstrup (R) Kaley Nolz (R) Karla Lems (R) Carl Perry (R) MyKala Voita (R)
passed · South Dakota · House Feb 18, 2026

HB 1196: provide for the participation of delegates from this state in an Article V convention, and to provide a penalty therefor.

HB 1196 establishes rules for South Dakota's participation in an Article V constitutional convention. It requires delegates to swear an oath pledging not to support "unauthorized amendments" (those outside the convention's stated purpose) and mandates immediate recall by the Secretary of State if they violate this rule. The bill also sets qualifications for delegates, including residency requirements, voter registration, and disqualifications for recent federal employees or lobbyists. It specifies that South Dakota will not participate if the convention does not guarantee equal voting power per state. The law aims to ensure delegates strictly adhere to the convention's defined scope.
Matt Roby (R) Les Heinemann (R) Jim Mehlhaff (R) Aaron Aylward (R) Tom Pischke (R)
passed · South Dakota · House Feb 18, 2026

HB 1010: modify requirements regarding the use of a mobile electronic device while operating a motor vehicle.

HB 1010 modifies South Dakota's law banning mobile device use while driving by adding specific exceptions to the existing prohibition. It allows hands-free navigation (without manual entry), limited phone call functions (like dialing or answering), emergency communications (911 calls, reporting accidents/crimes), and handheld device use while operating agricultural equipment under 25 mph (excluding trucks). The law directly affects all drivers in South Dakota, with exemptions for first responders during emergencies and specific scenarios like navigation or agricultural work. Violations remain Class 2 misdemeanors, but the bill clarifies permitted uses to reduce unintended penalties.
Larry Zikmund (R) William Shorma (R)
passed · South Dakota · House Feb 17, 2026

HB 1289: modify requirements to create a tax increment financing district.

HB 1289 modifies South Dakota's rules for creating tax increment financing (TIF) districts, which local governments use to fund development projects by capturing future tax growth in designated areas. The bill changes the requirement that a district's assessed value plus existing TIF districts cannot exceed 10.5% (previously 50%) of a political subdivision's total taxable property value. It also revises the criteria for designating a TIF district, requiring that either 25% of the district's area be blighted or 50% must stimulate economic development, and adds new consent rules: counties need municipal approval to create a TIF within city limits, and cities need county approval for TIFs spanning county areas. These changes directly affect counties and municipalities seeking to establish TIF districts for economic development projects.
Julie Auch (R)
passed · South Dakota · House Feb 17, 2026

HB 1312: limit annual valuation increases on owner-occupied single-family dwellings and provide an exception for mill rate limitations on taxing districts.

HB 1312 limits annual increases in the assessed value of owner-occupied single-family homes to an inflation-based index, preventing rapid tax hikes for homeowners. It applies only to homes where the owner lives, not rentals or commercial properties. The bill requires full reassessment at market value when a home is sold (capped at sale price), and allows limited value increases for property improvements or changes in use. Taxing districts must maintain revenue levels from 2025 or earlier, adjusted for inflation, to avoid exceeding mill rate limits.
Kathy Rice (R)
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