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SD SB134

Bill

Status

Engrossed

2/23/2026

Primary Sponsor

Sue Lucas-Peterson

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • 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)

  • Agency interpretations may be considered but cannot be given special weight or deference in judicial or administrative proceedings

  • When ambiguity remains after applying standard interpretation tools, courts must resolve doubt in favor of interpretations protecting individual fundamental constitutional rights

  • 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

  • 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

Committee Referrals

Judiciary2/25/2026
State Affairs1/27/2026

Full Bill Text

No bill text available