South Dakota legislation · 101st Legislature (2026)
South Dakota SB134: restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.
Status: Failed, March 4, 2026
What the bill says
An Act to restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.
From the introduced text, January 26, 2026:
An Act to restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 1-26-37 be AMENDED: 1-26-37. An aggrieved party or the agency may obtain a review of any final judgment of the circuit court under this chapter by appeal to the Supreme Court. The appeal [DELETED: shall] [ADDED: must] be taken as in other civil cases. The Supreme Court shall give the same deference to the findings of fact, conclusions of law, and final judgment of the circuit court as it does to other appeals from the circuit court. [DELETED: Such] [ADDED: The] appeal may not be considered de novo [ADDED: , except as required in section 2 of this Act] . Section 2. That a NEW SECTION be added to chapter 15-1: [ADDED: In interpreting a state statute, administrative rule, or policy, a state court or an officer hearing an administrative action may consider, but may not defer to, a state agency's interpretation of the statute, rule, or policy, and must instead interpret its meaning and effect de novo.] [ADDED: In actions brought by or against state agencies, after applying all customary tools of interpretation, the court or hearing officer must exercise any remaining doubt in favor …
Sponsors
- Peterson, Sue (R, 13) · primary sponsor
- Al Novstrup (R, HD-003)
Latest actions
- : Deferred to the 41st legislative day
- : Do Pass
- : Scheduled for hearing
- : Referred to Judiciary
- : First Reading House
- : Do Pass
- : Do Pass
- : Scheduled for hearing
- : Referred to State Affairs
- : First Reading Senate
Votes
- Do Pass (March 4, 2026): 3 yea, 10 nay, failed
- Deferred to the 41st legislative day (March 4, 2026): 10 yea, 3 nay, passed
- Do Pass (February 20, 2026): 7 yea, 1 nay, passed
- Do Pass (February 5, 2026): 31 yea, 3 nay, passed
Subjects: State Affairs and Government, Courts and Judiciary, Civil Procedure
Common questions
- What is SB134?
- SB134 is a bill in the South Dakota Legislature (101st Legislature (2026)): restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.
- What does SB134 do?
- In its own words: An Act to restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.
- What is the status of SB134?
- Failed as of March 4, 2026. Latest action: Deferred to the 41st legislative day (March 4, 2026).
- Who sponsored SB134?
- Peterson, Sue (R, 13), with 1 co-sponsor.
- Where is the official record for SB134?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/27116
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.