South Dakota Bills

passed · South Dakota · House Feb 5, 2026

HB 1174: classify 911 telecommunicators as Class B members of the South Dakota Retirement System.

HB 1174 would amend South Dakota's retirement law to include 911 telecommunicators as Class B members of the South Dakota Retirement System. This change directly affects 911 call center workers across the state, granting them the same retirement classification as police officers, firefighters, and other public safety staff. The bill updates the legal definition of "Class B member" in the retirement system statutes to explicitly list 911 telecommunicators alongside existing professions like law enforcement and fire personnel. This is a technical classification change, not a new benefit or funding mechanism.

Topics ✓ Labor & Employment

in committee · South Dakota · House Feb 5, 2026

HB 1068: authorize the dispensing of ivermectin and hydroxychloroquine under a written protocol developed by a health care provider, and to provide liability protection therefor.

HB 1068 allows South Dakota pharmacists to dispense ivermectin and hydroxychloroquine to adults 18+ based on written protocols created by physicians. These protocols must include risk assessments, drug information (indications, usage, side effects), and instructions for handling adverse events. The law shields physicians and pharmacists from liability for good-faith compliance, except in cases of gross negligence or willful misconduct. It directly affects healthcare providers who dispense these drugs and patients receiving them under this new process.

Topics ✓ Healthcare

passed · South Dakota · House Feb 5, 2026

HB 1112: modify the definition of an electronic smoking device.

HB 1112 modifies South Dakota's definition of "electronic smoking device" to explicitly include any device containing or delivering nicotine (or other substances with nicotine) intended for human consumption. This change clarifies that e-cigarettes, vape pens, e-cigars, and similar devices delivering nicotine fall under the definition, regardless of other substances they may contain. The amendment directly affects tobacco businesses selling these products and enforcement of existing laws regulating electronic smoking devices. The bill does not create new restrictions but ensures the definition aligns with how such devices are commonly used and marketed.

Topics ✓ Healthcare

passed · South Dakota · House Feb 5, 2026

HB 1186: require the approval of the county for the creation of a tax increment financing district by a municipality.

HB 1186 requires South Dakota municipalities to obtain written approval from county commissioners before creating a tax increment financing district. This directly affects municipalities seeking to establish such districts and the counties where those districts would be located. The key provision mandates that county boards of commissioners must approve the district's creation through a formal resolution, either for the entire county or the portion within the county. The bill changes the process by adding county consent as a mandatory step, ensuring local county input before municipal tax district development begins.

Topics ✗ Budget & Taxes ✗ Housing

passed · South Dakota · House Feb 5, 2026

HB 1172: terminate certain school district excess tax levies.

HB 1172 terminates school district excess tax levies approved before July 1, 2002, under South Dakota law. It prohibits these levies from being imposed in 2026 or any subsequent year. The bill directly affects school districts that previously secured voter-approved excess tax levies prior to 2002, ending their ability to collect these specific taxes moving forward. This is a procedural change that modifies existing tax authority without creating new programs or funding.

Topics ✗ Budget & Taxes ✗ Education

died · South Dakota · House Feb 5, 2026

HB 1206: clarify the use of public funds for the purpose of alternative instruction.

HB 1206 clarifies that parents, guardians, or caregivers who have filed a notification of "alternative instruction" with South Dakota's Department of Education or school district cannot use state public funds (as defined in §4-4-2) to pay for a child's education. The bill directly affects families utilizing alternative education arrangements who have submitted the required notification. It prohibits these individuals from accessing state education funds for their child's schooling if the notification is on file. This policy change specifically restricts the use of public funds for alternative instruction methods already documented with education authorities.

Topics ✗ Budget & Taxes ✗ Education

passed · South Dakota · House Feb 5, 2026

HB 1226: authorize boards of county commissioners to adopt policies for investigating allegations of misconduct of county departments, employees, and officers.

HB 1226 authorizes South Dakota county commissioners to create written policies for investigating misconduct by county employees, departments, or officers. The bill requires these policies to cover specific misconduct types (like abuse of authority, conflicts of interest, or neglect of duty), mandate at least one outside investigator for complaints, and include confidentiality and due process standards. County boards must also ensure policies follow existing procedures for removing officers. This directly affects county government operations and employee accountability. The bill does not change existing misconduct definitions but sets procedural requirements for local investigations.

Topics ✓ Criminal Justice

died · South Dakota · House Feb 5, 2026

HB 1207: amend the period of time before which ballots and other election materials may be destroyed following an election.

HB 1207 extends the retention period for election materials in South Dakota from 60 days to 22 months after an election. It affects municipal, school district, and non-federal election officials who handle ballots and voting records. The bill standardizes the timeline across all election types - previously, non-federal elections had a 60-day retention period, while federal elections already required 22 months. Election officials may now destroy materials only after this 22-month period, ensuring records remain available for audits or recounts. Federal elections remain unchanged at 22 months but are now explicitly included in the unified timeline.

passed · South Dakota · House Feb 5, 2026

HB 1127: revise provisions related to birth centers and the practice of certified professional midwives at birth centers.

HB 1127 revises South Dakota's regulations for birth centers and certified professional midwives. It requires birth centers to obtain a license from the Department of Health (with a $500 fee), mandates risk assessments to confirm low-risk pregnancies before admission, and requires written care plans addressing each client's medical and emotional needs. The bill also mandates that a practitioner or registered nurse be on-site during active labor and repeals the previous requirement that birth centers be within 30 minutes of a hospital. These changes directly affect birth centers, certified midwives, and patients seeking care at these facilities.

Topics ✓ Healthcare

passed · South Dakota · House Feb 5, 2026

HB 1212: revise provisions in order to strengthen protections for unborn children.

HB 1212 repeals a provision that previously shielded women from criminal liability for unlawful abortions. It removes the exception that prevented homicide charges when an abortion caused an unborn child's death, making such cases subject to standard homicide laws (Class B felony). The bill directly affects women seeking abortions and medical providers performing them, as it eliminates prior legal protections for abortion-related deaths. Exceptions for lifesaving procedures to preserve the mother's life or spontaneous miscarriages remain unchanged.

Topics ✗ Criminal Justice ✗ Healthcare

passed · South Dakota · Senate Feb 5, 2026

SB 201: authorize the use of a drone for the location and recovery of mortally wounded deer and elk and to provide a penalty therefor.

SB 201 permits hunters to use drones to locate and recover mortally wounded deer or elk when standard tracking methods fail, directly affecting hunters who meet specific conditions. The bill requires hunters to reasonably believe the animal was mortally wounded during a lawful hunt and that it cannot be found with conventional methods. Drone use is restricted to private land, outside September-November, with pilot permission from landowners, FAA compliance, and adherence to rules set by the Game, Fish and Parks Commission. Violating these rules would be a Class 1 misdemeanor. The law does not change general hunting regulations but adds a specific exception for drone-assisted recovery under strict parameters.

passed · South Dakota · Senate Feb 5, 2026

SB 157: amend the school funding formula to provide for the use of an average fall enrollment when determining local need.

SB 157 amends South Dakota's school funding formula to require using an *average fall enrollment* (instead of enrollment on a single date) when calculating a school district's "local need" for state funding. This directly affects all public school districts in South Dakota by changing how their student enrollment count is determined for funding calculations. The bill replaces the current method - using enrollment on the last Friday of September - with an average, which could stabilize funding by smoothing out seasonal enrollment fluctuations. The change applies specifically to the calculation of "local need" under § 13-13-10.1(32) in the education funding code.

Topics ✓ Budget & Taxes ✓ Education

Bill results