South Dakota Senate Bill SB14

South Dakota 2025 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25
• Refer: 1/17/25
• Report Pass: 1/28/25
• Engrossed: 1/30/25
• Refer: 2/3/25
• Report Pass: 2/27/25
• Report Pass: 3/4/25
• Enrolled: 3/6/25
• Passed: 3/31/25

Caption

Revise and repeal provisions related to agricultural production facilities and to provide a penalty therefor.

Summary

SB 14 revises South Dakota’s criminal statutes governing agricultural production facilities, commonly referred to as “ag-gag” or agricultural trespass laws. The bill expands and clarifies the definition of an agricultural production facility and related terms such as animal, crop, consent, owner, possession, and research facility. It also broadens the list of prohibited conduct to include damaging or obstructing an agricultural enterprise, unlawfully taking animals or property from the facility, entering with intent to commit prohibited acts, concealing oneself on the property, releasing animals or plant pests/pathogens, using deception to gain access for harmful purposes, and using cameras or electronic surveillance devices while committing criminal trespass.

Impact

The bill amends § 22-30A-17 to include livestock theft thresholds within grand theft classifications and revises chapter 40-38 to create or update criminal penalties tied to interference with agricultural production facilities. It sets misdemeanor and felony penalties based on the type of conduct and, for damage-related offenses, the amount of damage. The bill also repeals §§ 21-60-1 through 21-60-3, removing prior provisions related to these offenses and replacing them with the updated framework.

Sentiment

The voting history suggests overall legislative support for the bill, with multiple strong do-pass votes in committee and on the floor, including final concurrence in amendments. However, the record also shows at least one close committee vote and a deferred action, indicating some disagreement or concern during the process. No committee transcripts were provided, so the available evidence points to broad but not unanimous support.

Contention

The main points of contention appear to center on the scope of the restrictions and penalties, especially the provisions addressing deception to gain access, surveillance devices, and conduct that obstructs agricultural operations. These provisions are the kinds of measures that can raise concerns among animal welfare advocates, journalists, labor or civil liberties groups, and supporters of undercover investigations, while agricultural interests and proponents of property-rights enforcement are likely to support them. The close vote on February 27 suggests some lawmakers may have been uneasy about the breadth of the bill even though it ultimately advanced.