Sen. Taffy Howard

Maddy summaryHB 1066 revises South Dakota's theft statute to clarify that contractors, subcontractors, or suppliers do not commit theft by withholding payment proceeds until work is completed and approved. The bill amends Section 44-9-13 to explicitly state that holding funds pending final work approval is not a violation of the theft law. This directly affects construction industry professionals who handle project payments and must pay for labor or materials before using funds. The key change removes ambiguity about when withholding payment constitutes theft, specifically excluding legitimate holds for completed work. The amendment maintains existing penalties for actual theft but clarifies the legal boundary for payment management.

Maddy summarySouth Dakota Senate Bill 137 creates a legal process to quickly dismiss lawsuits that target free speech on public issues. It allows people sued for protected expression - like criticizing government actions or speaking on matters of public concern - to file a special motion asking a court to dismiss the case within 60 days. If filed, the court must pause all other legal proceedings related to the lawsuit until the motion is decided, with limited discovery allowed only for specific evidence. The bill does not apply to lawsuits by or against government entities enforcing public safety laws or to routine commercial disputes.

Maddy summarySB 107 amends South Dakota law to explicitly include licensed and registered child care programs within the definition of "community safety zone." This means the 500-foot buffer zone around such facilities - including day care centers, group family day care homes, and registered family day care - will now be covered by the same restrictions on sex offender residence as schools, shelters, and public parks. The bill clarifies that all licensed and registered child care programs are explicitly included under existing definitions without adding new facilities to the list. This change directly affects sex offenders required to register under South Dakota law, as they are barred from residing within these zones without specific exemptions.

Maddy summarySB 135 requires data center operators to pay all electricity costs associated with their facilities, preventing utilities from raising residential rates to cover these expenses (Section 3). It also prohibits tax exemptions for data centers (Section 5) and ensures local governments retain authority to regulate data center development (Section 4). The bill mandates data centers to report projected water usage to local providers and the Board of Water Management before operation, with annual reports on actual consumption (Sections 6-7), ensuring water allocation prioritizes residential and essential services. This directly affects data center operators, utilities, and South Dakota residents by limiting cost-shifting and protecting local resource management.

Maddy summarySB 3 limits local governments in South Dakota from requiring building permits for specific minor residential repairs and renovations on owner-occupied homes. It prohibits counties, municipalities, and townships from mandating permits for exterior repairs like replacing doors, windows, siding, gutters, or roof shingles, as well as interior work that doesn’t affect structural elements like foundations, load-bearing walls, or major utility systems. The bill directly affects homeowners performing these routine maintenance tasks without needing local permit approval. This is a procedural change focused on reducing bureaucratic hurdles for small-scale home improvements.

Maddy summaryHB 1280 prohibits drone use for surveillance, recording, or interference at South Dakota state military installations, facilities, aircraft, vehicles, or weapons systems without prior written consent from the facility commander. Violating this prohibition is classified as a Class 6 felony. The bill authorizes law enforcement to intercept or disable such drones using jamming, hacking, or physical capture - excluding firearms - if there is reasonable suspicion of an imminent threat to public safety. Drones used in violations may be forfeited, destroyed, or otherwise disposed of by court order.

Maddy summarySB 130 appropriates $8 million from South Dakota's general fund to the South Dakota Ellsworth Development Authority. The funds must cover public roadway and infrastructure improvements directly needed due to construction at Ellsworth Air Force Base, including road reconstruction, safety upgrades, and traffic studies. The authority must report annually on how funds were used and cannot spend more than 3% of the appropriation on administrative costs. This bill specifically affects infrastructure supporting Ellsworth Air Force Base operations and surrounding public roads.

Maddy summaryHB 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.

Maddy summarySenate 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.

Maddy summaryHB 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).