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SD SB134
Bill
Status
2/23/2026
Primary Sponsor
Sue Lucas-Peterson
Click for details
AI Summary
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State courts and administrative hearing officers are prohibited from deferring to state agency interpretations of statutes, rules, or policies, and must instead interpret meaning and effect de novo (independently)
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Agency interpretations may be considered but cannot be given special weight or deference in judicial or administrative proceedings
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When ambiguity remains after applying standard interpretation tools, courts must resolve doubt in favor of interpretations protecting individual fundamental constitutional rights
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Amends existing law (§ 1-26-37) to clarify that Supreme Court appeals from circuit court are not de novo except as required by the new interpretation standard
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Adds new section to Chapter 15-1 establishing these interpretation requirements for all actions involving state agencies
Legislative Description
Restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.
State Affairs and Government
Last Action
Judiciary Deferred to the 41st legislative day, Passed, YEAS 10, NAYS 3.
3/4/2026