South Dakota 2026 Regular Session Status: Enacted 4 R cosponsors

SB 100 — revise provisions related to trusts.

Last action — Signed by the Governor on 2026-03-10 S.J. 514

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on March 10, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

273 added · 260 removed

273 line(s) added, 260 removed.

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26.464.15 101st Legislative Session 100 South Dakota Legislature Senate Bill 100 Introduced by:
26.464.16 101st Legislative Session 100 South Dakota Legislature Senate Bill 100 ENROLLED AN A CT ENTITLED An Act to revise provisions related to trusts.
Senator Crabtree An Act to revise provisions related to trusts.
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
Overstrikes indicate deleted language.
26.464.16 2 100 A trustee, trust advisor, or trust protector is not liable to any person for the exercise of, or the direction or consent to exercise, the power to reimburse or not reimburse a trustor for tax payable by the trustor pursuant to this section.
26.464.15 2 100 A trustee, trust advisor, or trust protector is not liable to any person for the exercise of, or the direction or consent to exercise, the power to reimburse or not reimburse a trustor for tax payable by the trustor pursuant to this section.
Unless the terms of the governing instrument expressly provide otherwise, if a trustee has discretion under the terms of a governing instrument to make a distribution of income or principal to or for the benefit of one or more beneficiaries of a trust (the "first trust"), whether or not restricted by any standard, then the trustee, independently or with court approval, may exercise such discretion by appointing part or all of the income or principal subject to the discretion in favor of a trustee of a second trust (the "second trust") under a governing instrument separate from the governing instrument of the first trust.
Unless the terms of the governing instrument expressly provide otherwise, if a trustee has discretion under the terms of a governing instrument to make a distribution of income or principal to or for the benefit of one or more beneficiaries of a trust (the "first trust"), whether or not restricted by any standard, then the trustee, independently or with court approval, may exercise discretion by appointing part or all of the income or principal subject to the discretion in favor of a trustee of a second trust (the "second trust") under a governing instrument separate from the governing instrument of the first trust.
Before exercising the discretion to appoint and distribute assets to a the second trust, the trustee of the first trust shall determine whether the appointment is necessary or desirable after taking into account the purposes of the first trust, the terms and conditions of the second trust, and the consequences of the distribution.
Before exercising the discretion to appoint and distribute assets to the second trust, the trustee of the first trust shall determine whether the appointment is necessary or desirable after taking into account the purposes of the first trust, the terms and conditions of the second trust, and the consequences of the distribution.
Overstrikes indicate deleted language.
SB100 ENROLLED 26.464.16 3 100 (b) To or for whom a distribution of income or principal may be made in the future from the first trust at a time or upon the happening of an event specified under the first trust;
26.464.15 3 100 (b) To or for whom a distribution of income or principal may be made in the future from the first trust at a time or upon the happening of an event specified under the first trust;
(2) No A restricted trustee of the first trust may not exercise such authority over the first trust to the extent that doing so could have the effect of:
(2) A restricted trustee of the first trust may not exercise authority over the first trust to the extent that doing so could have the effect of:
(a) Benefiting the restricted trustee as a beneficiary of the first trust, unless the exercise of such authority is limited by an ascertainable standard based on or related to health, education, maintenance, or support;
(a) Benefiting the restricted trustee as a beneficiary of the first trust, unless the exercise of authority is limited by an ascertainable standard based on or related to health, education, maintenance, or support;
or (b) Removing restrictions on discretionary distributions to a beneficiary imposed by the governing instrument under which the first trust was created, except that a provision in the second trust, which limits distributions by an ascertainable standard based on or related to the health, education, maintenance, or support of any such beneficiary, is permitted, or to a trust established pursuant to 42 U.S.C.
or (b) Removing restrictions on discretionary distributions to a beneficiary imposed by the governing instrument under which the first trust was created, except that a provision in the second trust, which limits distributions by an ascertainable standard based on or related to the health, education, maintenance, or support of any beneficiary, is permitted, or to a trust pursuant to 42 U.S.C.
(3) No A restricted trustee of the first trust may not exercise such authority over the first trust to the extent that doing so would have the effect of increasing the distributions that can be made from the second trust to the restricted trustees of the first trust or to a beneficiary who may change the trustees of the first trust within the meaning of § 55-2-17 compared to the distributions that can be made to such the trustee or beneficiary, as the case may be, under the first trust, unless the exercise of such authority is limited by an ascertainable standard based on or related to health, education, maintenance, or support;
(3) A restricted trustee of the first trust may not exercise authority over the first trust to the extent that doing so would have the effect of increasing the distributions that can be made from the second trust to the restricted trustees of the first trust or to a beneficiary who may change the trustees of the first trust within the meaning of § 55-2-17 compared to the distributions that can be made to the trustee or beneficiary, as the case may be, under the first trust, unless the exercise of authority is limited by an ascertainable standard based on or related to health, education, maintenance, or support;
(4) The provisions of subdivisions (2) and (3) only apply to restrict the authority of a trustee if either a trustee, or a beneficiary who may change the trustee, is a United States citizen or domiciliary under the Internal Revenue Code, or the trust owns property that would be subject to United States estate or gift taxes if owned directly by such a the person;
(4) The provisions of subdivisions (2) and (3) only apply to restrict the authority of a trustee if either a trustee, or a beneficiary who may change the trustee, is a United States citizen or domiciliary under the Internal Revenue Code, or the trust owns property that would be subject to United States estate or gift taxes if owned directly by the person;
§ 2503(b) of the Internal Revenue Code of 1986 (January 1, 2026), by reason of the application of I.R.C.
§ 2503(b) (January 1, 2026), by reason of the application of 26 U.S.C.
26 U.S.C.
§ 2503(c) (January 1, 2026), the governing instrument for the second trust must provide that the beneficiary's remainder interest vests no later than the date upon which the interest would have vested under the terms of the governing instrument for the first trust;
§ 2503(c) (January 1, 2026), the governing instrument for the second trust must provide that the beneficiary's remainder interest shall vest vests no later than Overstrikes indicate deleted language.
SB100 ENROLLED 26.464.16 4 100 (6) The exercise of authority may not reduce any income interest of any income beneficiary of any of the following trusts:
26.464.15 4 100 the date upon which such the interest would have vested under the terms of the governing instrument for the first trust;
(a) A trust for which a marital deduction has been taken for federal tax purposes under 26 U.S.C.
(6) The exercise of such authority may not reduce any income interest of any income beneficiary of any of the following trusts:
§ 2056 or 2523 (January 1, 2026) or for state tax purposes under any comparable provision of applicable state law;
(a) A trust for which a marital deduction has been taken for federal tax purposes under I.R.C.
(b) A charitable remainder trust under 26 U.S.C.
26 U.S.C.
§ 2056 or § 2523 (January 1, 2026) or for state tax purposes under any comparable provision of applicable state law;
(b) A charitable remainder trust under I.R.C.
26 U.S.C.
or (c) A grantor retained annuity or unitrust trust under I.R.C.
or (c) A grantor retained annuity or unitrust trust under 26 U.S.C.
26 U.S.C.
(7) The exercise of such authority does not apply to trust property subject to a presently exercisable power of withdrawal held by a trust beneficiary to whom, or for the benefit of whom, the trustee has authority to make distributions, unless after the exercise of such authority, the beneficiary's power of withdrawal is unchanged with respect to the trust property;
(7) The exercise of authority does not apply to trust property subject to a presently exercisable power of withdrawal held by a trust beneficiary to whom, or for the benefit of whom, the trustee has authority to make distributions, unless after the exercise of authority, the beneficiary's power of withdrawal is unchanged with respect to the trust property;
(8) The exercise of such authority is not prohibited by a spendthrift clause or by a provision in the governing instrument that, which prohibits amendment or revocation of the trust;
(8) The exercise of authority is not prohibited by a spendthrift clause or by a provision in the governing instrument, which prohibits amendment or revocation of the trust;
A trustee’s power described in this section may be exercised by either an actual distribution of property to one or more second trusts or by modifying the terms of the first Overstrikes indicate deleted language.
A trustee’s power described in this section may be exercised by either an actual distribution of property to one or more second trusts or by modifying the terms of the first trust to create the second trust with or without an actual distribution.
26.464.15 5 100 trust to create the second trust with or without an actual distribution.
If the power is exercised by modifying the terms of the first trust, the trustee may treat the second trust created by the modification as a new trust, in which case property of the first trust would be transferred to the second trust, or treat the second trust as a continuation of the first SB100 ENROLLED 26.464.16 5 100 trust, for titling purposes, in which case property of the first trust would not need to be retitled.
If the power is exercised by modifying the terms of the first trust, the trustee may:
In the case of an exercise of the power that is structured as a trustee's modification of the first trust, notwithstanding § 55-2-18, the trustee shall provide at least twenty days' advance written notice to the qualified beneficiaries, applying chapter 55-18, unless the trustee receives written waivers of the notice from the qualified beneficiaries.
(1) Treat treat the second trust created by such the modification as a new trust, in which case property of the first trust would be transferred to the second trust;
The trustee's power, which is described in and constrained by this section, remains separate and distinct from trust reformation or termination under §§ 55-3-24 to 55-3-26, inclusive, 55-3-28, and other provisions of law allowing trust modifications.
or (2) Treat, or treat the second trust as a continuation of the first trust with respect, for titling purposes, in which case property of the first trust would not need to be retitled.
This section applies to any trust administered under the laws of this state, including a trust for which the governing jurisdiction is transferred to this state.
In the case of an exercise of the power that is structured as a trustee's modification of the first trust, however, notwithstanding § 55-2-18, the trustee shall provide not less than at least twenty days days' advance written notice to the qualified beneficiaries, applying chapter 55-18, unless the trustee receives written waivers of the notice from the qualified beneficiaries.
The trustee's power, which is described in and constrained by this section, remains separate and distinct from trust reformation or termination under §§ 55-3-24 to 55-3-26, inclusive, or 55-3-28, and other provisions of law allowing trust modifications.
This section applies to any trust administered under the laws of this state, including a trust whose for which the governing jurisdiction is transferred to this state.
Regardless of whether the recipient of the property survives the trust division or distribution, the property treated as an advancement herein is considered in computing the division and distribution of the trust estate, unless otherwise provided by the Overstrikes indicate deleted language.
Regardless of whether the recipient of the property survives the trust division or distribution, the property treated as an advancement herein is considered in computing the division and distribution of the trust estate, unless otherwise provided by the governing instrument or in writing by the trustee, distribution trust advisor or beneficiary, in accordance with this section.
26.464.15 6 100 governing instrument or in writing by the trustee, distribution trust advisor or beneficiary, in accordance with this section.
Section 4.
SB100 ENROLLED 26.464.16 6 100 Section 4.
If a trustee violates any of the provisions of this chapter, he the trustee may be removed and denied compensation in whole or in part;, and any beneficiary, cotrustee, or successor trustee may treat the violation as a breach of trust.
If a trustee violates any of the provisions of this chapter, the trustee may be removed and denied compensation in whole or in part, and any beneficiary, cotrustee, or successor trustee may treat the violation as a breach of trust.
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A cause of action or claim for relief with respect to a fraudulent transfer of a settlor's assets under § 55-16-9 is extinguished unless the action under § 55-16-9 is brought by a creditor of the settlor who meets one of the following requirements:
A cause of action or claim for relief with respect to a fraudulent transfer of a settlor's assets under § 55-16-9 is extinguished unless the action under § 55-16-9 is brought by a creditor of the settlor who:
Overstrikes indicate deleted language.
(1) Is a creditor of the settlor before the settlor's assets are transferred to the trust, and the action under § 55-16-9 is brought within the later of:
26.464.15 7 100 (1) Is a creditor of the settlor before the settlor's assets are transferred to the trust, and the action under § 55-16-9 is brought within the later of:
(i) Can demonstrate that the creditor asserted a specific claim against the settlor before the transfer;
SB100 ENROLLED 26.464.16 7 100 (i) Can demonstrate that the creditor asserted a specific claim against the settlor before the transfer;
or (2) Becomes a creditor subsequent to the transfer into trust, and the action under § 55-16-9 is brought within two years after the transfer is made;
or (2) Becomes a creditor subsequent to the transfer into trust, and the action under § 55-16-9 is brought within two years after the transfer is made.
(3) .
In any action described in § 55-16-9, the burden to prove the matter by clear and convincing evidence is upon the creditor.
In any action described in § 55-16-9, the burden to prove the matter by clear and convincing evidence is upon the creditor;
A person is deemed to have discovered a transfer at the time a public record of the transfer is made, including the conveyance of an interest in real property, which is recorded in the appropriate public filing office where the property is located, the filing of a financing statement pursuant to chapter 57A-9, or the filing of a bill of sale or other transfer instrument regarding personal property.
(4) .
The filing of a bill of sale or other transfer instrument that conveys personal property to a trust governed by this chapter must be filed in an applicable public filing office.
A person is deemed to have discovered a transfer at the time a public record of the transfer is made, including the conveyance of an interest in real property that, which is recorded in the appropriate public filing office where the property is located, the filing of a financing statement pursuant to chapter 57A-9, or the filing of a bill of sale or other transfer instrument regarding personal property;
If the transferor is a natural person and is a resident of this state, the personal property transfer instrument must be recorded in the county in this state where the transferor maintains the transferor's principal residence.
or (5).
In all other cases, the personal property transfer instrument must be recorded in the county in this state where the trustee of the trust maintains a principal residence or principal place of business.
The filing of a bill of sale or other transfer instrument which that conveys personal property to a trust which is governed by this chapter shall must be filed in the an applicable public filing office determined as follows:
This section, §§ 55-16-9, and 55-16-11 to 55-16-13, inclusive, are inseparably interwoven with substantive rights, and a deprivation of legal rights would result if another jurisdiction's contrary laws and regulations are applied to a claim or cause of action described therein.
(a) .
If the transferor is a natural person and is a resident of this state, the personal property transfer instrument shall must be recorded in the county in this state where the transferor maintains the transferor's principal residence;
and (b) .
In all other cases, the personal property transfer instrument shall must be recorded in the county in this state where the trustee of the trust maintains a principal residence or principal place of business.
Overstrikes indicate deleted language.
26.464.15 8 100 This section and, §§ 55-16-9, and 55-16-11 to 55-16-13, inclusive, are inseparably interwoven with substantive rights that, and a deprivation of legal rights would result if another jurisdiction's contrary laws and regulations to the contrary are applied to a claim or cause of action described therein.
For purposes of the application of § 1014(b)(6) of the Internal Revenue Code of 1986, 26 U.S.C.
For purposes of the application of 26 U.S.C.
§ 1014(b)(6), as of (January 1, 2016 2026), a South Dakota special spousal trust is considered a trust established under the community property laws of South Dakota this state, as set forth in this chapter.
§ 1014(b)(6) (January 1, 2026), a South Dakota special spousal trust is a trust established under the community property laws of this state, as set forth in this chapter.
For purposes of this chapter, the term, "special spousal property," means community property for those purposes.
For purposes of this chapter, "special spousal property" means community property.
Community property as that is classified by a jurisdiction other than South Dakota this state and transferred to a South Dakota special spousal trust retains its character as community property while in the trust.
Community property that is classified by a jurisdiction other than this state and SB100 ENROLLED 26.464.16 8 100 transferred to a South Dakota special spousal trust retains its character as community property while in the trust.
If the trust is revoked and property is transferred on revocation of the trust, the community property as that is classified by a jurisdiction other than South Dakota retains its character as community property to the extent otherwise provided by South Dakota law the laws of this state.
If the trust is revoked and property is transferred on revocation of the trust, the community property that is classified by a jurisdiction other than South Dakota retains its character as community property to the extent otherwise provided by the laws of this state.
Overstrikes indicate deleted language.
SB100 ENROLLED 26.464.16 9 100 An Act to revise provisions related to trusts.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
100 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:
Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:
at _________ o'clock __M.
Chief Clerk of the House Secretary of State Senate Bill No.
100 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB100 ENROLLED
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Action History

  1. Signed by the Governor on 2026-03-10 S.J. 514

  2. Delivered to the Governor on 2026-03-04 S.J. 455

  3. Signed by the Speaker H.J. 493

  4. Signed by the President S.J. 434

  5. House of Representatives Do Pass , Passed, YEAS 64, NAYS 2 H.J. 459

  6. Judiciary Do Pass , Passed, YEAS 11, NAYS 1 H.J. 29

  7. Scheduled for hearing

  8. Referred to House Judiciary H.J. 262

  9. First Reading House H.J. 238

  10. Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 182

  11. Certified uncontested, placed on consent , Passed, S.J. 7

  12. Commerce and Energy Do Pass , Passed, YEAS 8, NAYS 0 S.J. 7

  13. Scheduled for hearing

  14. First read in Senate and referred to Senate Commerce and Energy S.J. 66

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 101 not signed on · 2 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (101)

101 members have not signed on to this bill.

Show all 101 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass

Passed 64 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 57204
Democratic 5000
Unaffiliated 2000
Total 64204
% of votes cast 91%3%0%6%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Yea
Erik Muckey Democratic Yea
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Not Voting
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Yea
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Not Voting
Dylan Jordan Republican Yea
Greg Jamison Republican Yea
Heather Baxter Republican Yea
Jana Hunt Republican Nay
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Yea
John Hughes Republican Yea
John Shubeck Republican Yea
John Sjaarda Republican Yea
Jon Hansen Republican Yea
Josephine Garcia Republican Yea
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Yea
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Yea
Logan Manhart Republican Yea
Marty Overweg Republican Yea
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mellissa Heermann Republican Yea
Mike Derby Republican Yea
Mike Stevens Republican Yea
Mike Weisgram Republican Yea
Nick Fosness Republican Yea
Peri Pourier Republican Yea
Phil Jensen Republican Yea
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Yea
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Yea
Tony Kayser Republican Yea
Tony Randolph Republican Yea
Travis Ismay Republican Nay
Trish Ladner Republican Yea
Will Mortenson Republican Yea
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 11 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 10101
Democratic 1000
Total 11101
% of votes cast 85%8%0%8%
How each member voted (13)
Member Party Vote
Kadyn Wittman Democratic Yea
Curt Massie Republican Yea
David Kull Republican Yea
Jana Hunt Republican Nay
John Hughes Republican Yea
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mike Stevens Republican Yea
Peri Pourier Republican Yea
Rebecca Reimer Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Not Voting
Will Mortenson Republican Yea

Official roll call →

Do Pass

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 30001
Democratic 3000
Unaffiliated 1000
Total 34001
% of votes cast 97%0%0%3%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Yea
Liz Larson Democratic Yea
Red Dawn Foster Democratic Yea
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Yea
Carl Perry Republican Yea
Casey Crabtree Republican Yea
Chris Karr Republican Yea
Curt Voight Republican Yea
Glen Vilhauer Republican Yea
Greg Blanc Republican Yea
Helene Duhamel Republican Yea
Jim Mehlhaff Republican Yea
John Carley Republican Yea
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Yea
Larry Zikmund Republican Yea
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Yea
Mykala Voita Republican Yea
Paul Miskimins Republican Yea
Randy Deibert Republican Yea
Sam Marty Republican Yea
Stephanie Sauder Republican Yea
Steve Kolbeck Republican Yea
Sue Peterson Republican Yea
Sydney Davis Republican Yea
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Yea
Tom Pischke Republican Yea

Official roll call →

Subjects

finance
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Frequently asked questions

Who sponsors SB 100?
SB 100 is sponsored by Kyle Schoenfish (Republican), Matt Roby (Republican), Mike Stevens (Republican), and Casey Crabtree (Republican).
What is the current status of SB 100?
This bill has been enacted into law. Introduced January 20, 2026. Enacted.
Where can I track SB 100?
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