SB 137 — establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech.

26.619.1826.619.19 101st Legislative Session 137 South Dakota Legislature Senate Bill 137 SENATEENROLLED JUDICIARYAN ENGROSSEDA IntroducedCT by:ENTITLED An Act to establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech.

SenatorB HulseE AnIT ActENACTED toBY establishTHE proceduresLEGISLATURE forOF anti-SLAPPTHE actionsSTATE toOF protectS theOUTH exerciseDAKOTA of: a person's constitutional rights, including freedom of speech.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :

Overstrikes26.619.19 indicate2 deleted137 language.For purposes of this section, "goods or services" does not include the advertisement, creation, dissemination, exhibition or similar promotion of an artistic, dramatic, journalistic, literary, musical, or political work.

26.619.18 2 137 For purposes of this section, "goods or services" does not include the advertisement, creation, dissemination, exhibition or similar promotion of an artistic, dramatic, journalistic, literary, musical, or political work.

OverstrikesSB137 indicateENROLLED deleted26.619.19 language.3 137 (1) A motion unrelated to the motion under section 3 of this Act;

26.619.18 3 137 (1) A motion unrelated to the motion under section 3 of this Act;

OverstrikesSB137 indicateENROLLED deleted26.619.19 language.4 137 (a) The responding party fails to establish a prima facie case as to each essential element of the cause of action;

26.619.18 4 137 (a) The responding party fails to establish a prima facie case as to each essential element of the cause of action;

The provisions of this chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and OverstrikesSB137 indicateENROLLED deleted26.619.19 language.5 137 petition, and the right of association, guaranteed by the United States Constitution and the South Dakota Constitution.

26.619.18SB137 5ENROLLED 26.619.19 6 137 petition,An andAct theto rightestablish ofprocedures association,for guaranteedanti-SLAPP byactions to protect the Unitedexercise Statesof Constitutiona andperson's theconstitutional Southrights, Dakotaincluding Constitution.freedom of speech.

UnderscoresReceived indicateat newthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

Overstrikesat indicate____________M. deleted language.

Senate as Bill No.

137 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.

137 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB137 ENROLLED