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

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

• restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.
• Official keyword topics: Civil Procedure Courts and Judiciary State Affairs and Government Official sponsor note: Senator <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4802/Detail">Peterson (Sue)</a> (prime) and Representative <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.
Official keyword topics:
Civil Procedure
Courts and Judiciary
State Affairs and Government
Official sponsor note: Senator <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4802/Detail">Peterson (Sue)</a> (prime) and Representative <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a>

Current Bill Text

26.817.15 101st Legislative Session 134

2026 South Dakota Legislature
Senate Bill 134

Introduced by: Senator Peterson (Sue)

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to restrict deference to a state agency's interpretation of a state statute, 1
administrative rule, or policy. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 1-26-37 be AMENDED: 4
1-26-37. An aggrieved party or the agency may obtain a review of any final 5
judgment of the circuit court under this chapter by appeal to the Supreme Court. The 6
appeal shall must be taken as in other civil cases. The Supreme Court shall give the same 7
deference to the findings of fact, conclusions of law, and final judgment of the circuit court 8
as it does to other appeals from the circuit court. Such The appeal may not be considered 9
de novo, except as required in section 2 of this Act. 10
Section 2. That a NEW SECTION be added to chapter 15-1: 11
In interpreting a state statute, administrative rule, or policy, a state court or an 12
officer hearing an administrative action may consider, but may not defer to, a state 13
agency's interpretation of the statute, rule, or policy, and must instead interpret its 14
meaning and effect de novo. 15
In actions brought by or against state agencies, after applying all customary tools 16
of interpretation, the court or hearing officer must exercise any remaining doubt in favor 17
of a reasonable interpretation that is consistent with an individual's fundamental 18
constitutional rights. 19