South Dakota Bills

passed · South Dakota · Senate Jan 29, 2026

SB 105: require the licensure of certain individuals performing installation of radon mitigation systems and provide a penalty therefor.

SB 105 requires anyone installing radon mitigation systems for compensation to obtain a state license from the South Dakota Department of Health. Applicants must provide proof of national certification, pay an initial fee of up to $500, and be at least 18 years old. To renew a license, installers must complete 7 hours of approved continuing education and maintain current national certification, with renewal fees capped at $250. Installing radon systems without a license is classified as a Class 1 misdemeanor.

passed · South Dakota · House Jan 28, 2026

HB 1131: amend the process by which certain school districts calculate the general fund base percentage.

HB 1131 amends how South Dakota school districts calculate their fall enrollment for state education funding. The bill specifically requires districts to exclude students residing in residential treatment facilities (when the facility operates the education program) from their enrollment count used in the funding formula. This change directly affects school districts serving students in such facilities, potentially altering their state funding amounts based on revised enrollment calculations. The amendment clarifies an existing definition within the state's education funding structure without changing other elements like teacher salary formulas or English learner adjustments.

Topics ✗ Budget & Taxes ✗ Education

passed · South Dakota · House Jan 28, 2026

HB 1132: prohibit the use of property and personnel in the enforcement of certain federal laws pertaining to firearms.

HB 1132 prohibits South Dakota state and local government employees from using public resources (personnel, equipment, or funds) to assist in enforcing federal firearm laws that are stricter than South Dakota's current laws. It specifically targets federal measures related to firearm registries, licensing requirements, background checks, or confiscation of firearms from law-abiding residents. The bill defines "material aid" broadly to include sharing information, using facilities, or participating in joint operations that support federal enforcement of these stricter laws. Exceptions allow cooperation on non-firearm crimes, state law enforcement with federal officers present (without aiding federal enforcement), compliance with court orders, and actions against individuals already prohibited from owning firearms under state law. This bill takes effect for federal laws taking effect on or after July 1, 2026.

passed · South Dakota · Senate Jan 28, 2026

SB 28: permit the use of a ballot on demand system and to declare an emergency.

SB 28 permits South Dakota counties and local political subdivisions to use a "ballot on demand system," which prints official ballots only when voters need them, rather than pre-printing all ballots. This directly affects county auditors and local election officials who manage voting systems. The bill requires that if a county and a political subdivision agree to use the same ballot for shared elections, the subdivision must use the county's authorized system. It also declares an emergency to allow immediate implementation upon passage. The change modifies election administration procedures but does not alter voting methods or ballot content.

passed · South Dakota · Senate Jan 28, 2026

SB 29: amend provisions pertaining to the tabulation of ballots and permit the release of any cast vote record and collection of ballot images produced by automatic tabulating equipment and to declare an emergency.

SB 29 amends South Dakota election laws to clarify definitions related to ballot tabulation equipment (like "cast vote records" and "ballot images") and permits the release of these records after elections. It requires county auditors to appoint resolution boards - composed of party representatives meeting specific voter threshold criteria - to review disputed ballots when automatic equipment cannot count them. The bill also mandates that election counting locations must be within the jurisdiction or state boundaries, with limited exceptions for equipment shortages. This bill directly affects county election officials and the transparency of post-election ballot review processes.

passed · South Dakota · Senate Jan 28, 2026

SB 99: create the property tax local effort replacement fund, to reduce certain property taxes, and to increase the rates for certain gross receipts taxes and use taxes.

SB 99 eliminates property taxes on owner-occupied single-family homes in South Dakota by reducing the maximum tax levy to $0 per thousand valuation, while increasing gross receipts tax rates for retailers from 4.2% to 6.2%. The bill also expands the 4.2% gross receipts tax to cover additional services like accountants, beauty shops, and laundry services (previously taxed at 4.2% under § 10-45-5). These changes directly affect homeowners (specifically single-family residents) and businesses in the listed service sectors. The policy shifts local tax burden from property to retail sales, with the revenue funding a new "property tax local effort replacement fund" to offset the reduced property tax revenue for school districts.

died · South Dakota · House Jan 28, 2026

HB 1057: prohibit the manufacture, sale, and distribution of any product containing cell-cultured protein, and to provide a penalty therefor.

HB 1057 prohibits the sale, distribution, and manufacture of any food product containing "cell-cultured protein" in South Dakota from July 2026 through June 2036. The bill defines cell-cultured protein as meat-like products made from animal cells grown outside a live animal, excluding items like fermented foods or pharmaceuticals. Violations are classified as Class 2 misdemeanors, and state inspectors can issue stop-sale orders for noncompliant food businesses. Businesses found violating the law may face license suspension or revocation for food service establishments.

died · South Dakota · House Jan 28, 2026

HB 1145: clarify provisions related to the licensure of certified social workers in private, independent practice and establish an alternative to the licensure examination.

HB 1145 clarifies licensing requirements for certified social workers practicing privately in South Dakota and creates an experience-based alternative to the standard licensure exam. It allows individuals who failed the exam on or after January 1, 2021, to qualify by providing 3,000 hours of supervised professional experience instead of passing the exam. This experience must occur after obtaining initial certification, be supervised by a qualified social worker or approved mental health professional, and be completed within ten years of applying. The bill takes effect January 1, 2027, and applies directly to social workers seeking private practice licensure.

Topics ✓ Healthcare

died · South Dakota · Senate Jan 28, 2026

SB 95: require that a medical cannabis cardholder provide a card or card number upon request of a law enforcement officer.

SB 95 requires medical cannabis cardholders (both residents and nonresidents) to show their registry card or card number to law enforcement upon request. This provision applies if an officer asks for identification during a lawful interaction. The bill does not change existing protections for medical cannabis use but adds this identification requirement as a condition to avoid arrest under Chapter 23A-3. It directly affects individuals with valid medical cannabis cards who interact with police. The law amends existing statutes (§ 34-20G-2 and § 34-20G-3) to include this requirement.

died · South Dakota · House Jan 28, 2026

HB 1159: impose a moratorium on industrial dairy operations.

HB 1159 imposes a moratorium on new or expanded industrial dairy operations exceeding 7,499 cows in South Dakota, blocking permits for such projects after July 1, 2026. Existing permitted dairies can continue operating at their current scale. The moratorium, lasting until June 30, 2028, aims to give the state time to study industrial dairy impacts on the economy and environment, allow counties to update land-use plans (including road agreements and size-based setbacks), and assess watershed resource needs. It directly affects developers seeking to build or expand large-scale dairy farms.

Topics ✓ Environment

died · South Dakota · House Jan 28, 2026

HB 1152: require that the secretary of the Department of Education apply to the United States Department of Education for the authority to develop and implement an innovative assessment system.

HB 1152 requires South Dakota's Department of Education to apply to the U.S. Department of Education for authority to create a new assessment system. If approved, the state must develop and implement an assessment model that meets specific federal requirements, including measuring student growth in reading and math, aligning with existing academic standards, using science-based literacy practices, and reinforcing foundational math skills. The bill directly affects South Dakota public schools and the Department of Education, mandating consultation with educators and parents during development. This change would replace current state assessment practices with a federally approved system starting January 1, 2026.

Topics ✓ Education

passed · South Dakota · House Jan 28, 2026

HB 1115: revise a provision related to unauthorized possession of a controlled drug or substance.

HB 1115 revises South Dakota's law on unauthorized possession of controlled drugs by changing where such charges are filed. The bill amends Section 22-42-5 to state that unauthorized possession charges must now be prosecuted under § 22-42-5.1 instead of the current section. This directly affects individuals found in possession of controlled substances without a valid prescription or authorization. The bill maintains existing felony classifications: possession of Schedule I/II drugs remains a Class 5 felony, while Schedule III/IV possession remains a Class 6 felony. The change primarily modifies the legal citation for prosecution without altering the penalties or scope of the offense.

Bill results