SB134

Restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.

Chamber Passed·2/23/26
Introduced Text

Restricts deference to state agency interpretations of statutes, rules, or policies in South Dakota.

South Dakota SB134 amends the state's judicial review process by limiting the deference courts and hearing officers can give to state agency interpretations of statutes, rules, or policies. Instead, courts and hearing officers must interpret these documents independently, de novo, and resolve any remaining doubt in favor of interpretations that align with individuals' fundamental constitutional rights. This change applies to actions involving state agencies.

Included in complete analysis

  • Overview
  • Core Provisions
  • Implementation
  • Impact
  • Legal Framework
  • Critical Issues

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Where it stands

Last
Passed the Senate · 10–3 · Feb 23
Current
The House
Next
House floor vote

Sponsors

0
2
RR
Democratic CaucusRepublican Caucus

Roll Call Votes

10 Yea

RRDRRRRRRR

3 Nay

RRR

Calendar

Mar 4

12:00 AM

House Judiciary Hearing

Feb 20

12:00 AM

Senate State Affairs Hearing

History

Mar 4

House

Scheduled for hearing

Mar 4

House

Judiciary Do Pass, Failed, YEAS 3, NAYS 10.

Mar 4

House

Judiciary Deferred to the 41st legislative day, Passed, YEAS 10, NAYS 3.