South Dakota 2025 Regular Session

South Dakota Senate Bill SB36

Introduced
1/14/25  
Refer
1/14/25  
Report Pass
1/22/25  
Engrossed
1/23/25  
Refer
1/24/25  
Report Pass
1/29/25  
Enrolled
1/30/25  

Caption

Repeal the oath requirement for an application for a lodging establishment, campground, food service establishment, or mobile food service establishment license.

Summary

SB 36 amends South Dakota’s licensing requirements for lodging establishments, campgrounds, food service establishments, and mobile food service establishments. The bill keeps the existing requirement that owners obtain and renew licenses through the Department of Health, but it removes the oath requirement from the application process. The remaining application contents still include identifying information about the business and owner, the type of license sought, facility descriptions, fee information, and consent to inspections during business hours. In practical terms, the bill simplifies the licensing paperwork for these hospitality and food-service businesses by repealing § 34-18-10.3 and striking the oath-related requirement from § 34-18-10. It does not change the underlying licensing, renewal, fee, or inspection framework, but it reduces one procedural step for applicants and license renewals. The affected parties are owners and operators of lodging, campground, restaurant, and mobile food service businesses regulated under Chapter 34-18. The available voting history shows unanimous support at each recorded stage, with all committee and floor votes passing 7-0, 34-0, 13-0, and 66-0. That pattern suggests the bill was viewed as a routine administrative cleanup measure rather than a controversial policy change. No committee transcript is available, but the vote totals indicate broad bipartisan agreement. There is little evidence of substantive contention around the bill. The main policy choice is whether an oath should remain part of the application process, and the legislature appears to have agreed that it was unnecessary. Any concern would likely have centered on administrative burden versus regulatory formality, but the recorded votes show no opposition.

Impact

SB 36 changes South Dakota Codified Laws in Chapter 34-18 by amending § 34-18-10 and repealing § 34-18-10.3. The bill removes the oath requirement from applications for lodging establishment, campground, food service establishment, and mobile food service establishment licenses, while leaving intact the licensing, renewal, fee, and inspection provisions administered by the Department of Health. It affects owners and operators of these regulated businesses by simplifying the application process without altering substantive health or safety oversight.

Sentiment

The overall sentiment appears strongly favorable and noncontroversial. Every recorded vote was unanimous, indicating broad support in both chambers and across committee and floor consideration. The bill seems to have been treated as a straightforward administrative simplification rather than a policy dispute.

Contention

There is no recorded substantive opposition in the available materials. The only potential point of discussion is the removal of the oath requirement itself—whether it served any meaningful compliance or accountability purpose versus adding unnecessary paperwork. The unanimous votes suggest legislators largely agreed that the oath was an outdated or unnecessary formality for hospitality and food-service license applications.

Companion Bills

No companion bills found.

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