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26.156.10 101st Legislative Session 1219
2026 South Dakota Legislature
House Bill 1219
ENROLLED
AN ACT
ENTITLED An Act to require the provision of interpreter or translator services for
parties to an administrative contested case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-18 be AMENDED:
1-26-18. Opportunity must be afforded all parties to respond and present evidence
on issues of fact and argument on issues of law or policy. However, each agency, upon
the motion of any party, may dispose of any defense or claim:
(1) If the pleadings, depositions, answers to interrogatories, and admissions on file,
together with the affidavits, if any, show that there is no genuine issue as to any
material fact and a party is entitled to a judgment as a matter of law; or
(2) At the close of the evidence offered by the proponent of the defense or claim, if
the agency determines that the evidence offered by the proponent of the defense
or claim is legally insufficient to sustain the defense or claim.
A party to a contested case proceeding may appear in person or by counsel, or
both; may be present during the giving of all evidence; may obtain the services of a
translator or interpreter as provided in chapter 19-3, with the translator or interpreter's
compensation fixed, paid, and collected as provided in sections 2 and 3 of this Act; may
have reasonable opportunity to inspect all documentary evidence; may examine and
cross-examine witnesses; may present evidence i n support of the party's interest; and
may have subpoenas issued to compel attendance of witnesses and production of evidence
in the party's behalf.
Section 2. That a NEW SECTION be added to chapter 1-26:
When a witness or party needs a language interpreter or translator in a contested
case proceeding, the agency required by law to determine the matter, as referenced in
subdivision 1-26-1(2), shall procure and appoint a disinterested interpreter or translator.
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HB1219 ENROLLED
The agency shall compensate the interpreter or translator for reasonable and just services
provided in the proceeding. The payment for the services of the interpreter or translator
must be made from moneys appropriated for the operation of the agency.
Section 3. That a NEW SECTION be added to chapter 1-26:
The prevailing party in a contested case proceeding may recover expenditures, for
interpreter or translator services necessarily incurred in gathering and procuring evidence
or bringing the contested case, which are not otherwise covered pursuant to sectio n 2 of
this Act.
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HB1219 ENROLLED
An Act to require the provision of interpreter or translator services for parties to an
administrative contested case.
I certify that the attached Act originated in
the:
House as Bill No. 1219
Chief Clerk of the House
Speaker of the House
Attest:
Chief Clerk of the House
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1219
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State